State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 302-b

§  302-b. Removal of violations by mortgagees. 1.  Notwithstanding any  other  provision  of  law,  where  a  receiver  has  been  appointed  in  foreclosure  proceedings  instituted  by a mortgagee with respect to any  multiple dwelling, such mortgagee may advance  to  such  receiver  funds  necessary for the operation of such multiple dwelling and for the making  of   repairs   therein   necessary  to  remove  conditions  constituting  violations of this chapter. Such receiver shall, to the extent possible,  repay any and all such advances from income received by him with respect  to the property and, if such income is insufficient to  permit  complete  repayment  of such advances, any amounts which cannot be so repaid, with  interest, shall be added to the amount of the  lien  of  such  mortgagee  upon  entry  of  a  foreclosure  judgment,  provided, however, that such  amounts shall not be the basis for any additional personal liability  on  the part of the mortgagor.    2.  Notwithstanding any other provisions of law, a mortgagee advancing  funds to a receiver pursuant to subdivision one of this section shall be  liable only for gross and willful negligence with respect to any  repair  made at his direction and with funds so advanced.

State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 302-b

§  302-b. Removal of violations by mortgagees. 1.  Notwithstanding any  other  provision  of  law,  where  a  receiver  has  been  appointed  in  foreclosure  proceedings  instituted  by a mortgagee with respect to any  multiple dwelling, such mortgagee may advance  to  such  receiver  funds  necessary for the operation of such multiple dwelling and for the making  of   repairs   therein   necessary  to  remove  conditions  constituting  violations of this chapter. Such receiver shall, to the extent possible,  repay any and all such advances from income received by him with respect  to the property and, if such income is insufficient to  permit  complete  repayment  of such advances, any amounts which cannot be so repaid, with  interest, shall be added to the amount of the  lien  of  such  mortgagee  upon  entry  of  a  foreclosure  judgment,  provided, however, that such  amounts shall not be the basis for any additional personal liability  on  the part of the mortgagor.    2.  Notwithstanding any other provisions of law, a mortgagee advancing  funds to a receiver pursuant to subdivision one of this section shall be  liable only for gross and willful negligence with respect to any  repair  made at his direction and with funds so advanced.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 302-b

§  302-b. Removal of violations by mortgagees. 1.  Notwithstanding any  other  provision  of  law,  where  a  receiver  has  been  appointed  in  foreclosure  proceedings  instituted  by a mortgagee with respect to any  multiple dwelling, such mortgagee may advance  to  such  receiver  funds  necessary for the operation of such multiple dwelling and for the making  of   repairs   therein   necessary  to  remove  conditions  constituting  violations of this chapter. Such receiver shall, to the extent possible,  repay any and all such advances from income received by him with respect  to the property and, if such income is insufficient to  permit  complete  repayment  of such advances, any amounts which cannot be so repaid, with  interest, shall be added to the amount of the  lien  of  such  mortgagee  upon  entry  of  a  foreclosure  judgment,  provided, however, that such  amounts shall not be the basis for any additional personal liability  on  the part of the mortgagor.    2.  Notwithstanding any other provisions of law, a mortgagee advancing  funds to a receiver pursuant to subdivision one of this section shall be  liable only for gross and willful negligence with respect to any  repair  made at his direction and with funds so advanced.