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RPAPL Now Applies to all Residential Mortgages for One to Four-Family Dwellings

On August 3, 2021, Governor Andrew M. Cuomo signed into law Senate Bill S5785A, making the
affirmative allegation provision for high-cost loans and subprime home loans applicable to foreclosures
of residential mortgages covering one to four-family dwellings. Real Property Actions and Proceedings
Law (RPAPL) § 1302
has required plaintiffs foreclosing on high-cost loans and subprime home loans to
affirmatively allege in the complaint that they have the authority to commence the action and have
complied with certain statutory provisions prior to commencement. Starting on January 1, 2022, RPAPL
§1302 will apply to all residential mortgages covering a one to four-family dwelling, not just high-cost or
subprime loans.

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