1302 - Foreclosure of high-cost home loans and subprime home loans.

§  1302.  Foreclosure of high-cost home loans and subprime home loans.  1.  Any complaint served in a  proceeding  initiated  pursuant  to  this  article  relating  to  a high-cost home loan or a subprime home loan, as  such terms are defined in section six-l and six-m of  the  banking  law,  respectively,  must  contain  an affirmative allegation that at the time  the proceeding is commenced, the plaintiff:    (a) is the owner and holder of the subject mortgage and note,  or  has  been  delegated the authority to institute a mortgage foreclosure action  by the owner and holder of the subject mortgage and note; and    (b) has complied with all of the provisions of  section  five  hundred  ninety-five-a   of  the  banking  law  and  any  rules  and  regulations  promulgated thereunder, section six-l or six-m of the banking  law,  and  section thirteen hundred four of this article.    2.  It  shall  be a defense to an action to foreclose a mortgage for a  high-cost home loan or subprime home loan that the  terms  of  the  home  loan or the actions of the lender violate any provision of section six-l  or  six-m  of  the  banking law or section thirteen hundred four of this  article.