1306 - Filing with superintendent.

§  1306.  Filing  with  superintendent.  1.  Each  lender, assignee or  mortgage loan servicer shall  file  with  the  superintendent  of  banks  (superintendent) within three business days of the mailing of the notice  required  by  subdivision  one  of section thirteen hundred four of this  article or subsection (f) of section 9-611  of  the  uniform  commercial  code  the  information  required  by  subdivision  two  of this section.  Notwithstanding any other provision of the  laws  of  this  state,  this  filing shall be made electronically as provided for in subdivision three  of this section. Any complaint served in a proceeding initiated pursuant  to  this  article  shall  contain,  as  a  condition  precedent  to such  proceeding, an affirmative allegation that at the time the proceeding is  commenced, the plaintiff  has  complied  with  the  provisions  of  this  section.    2.  Each  filing delivered to the superintendent shall be on such form  as the superintendent shall prescribe, and shall include at  a  minimum,  the  name, address, last known telephone number of the borrower, and the  amount claimed as  due  and  owing  on  the  mortgage,  and  such  other  information  as  will enable the superintendent to ascertain the type of  loan at issue. The superintendent may subsequently request such  readily  available  information  as  may  be reasonably necessary to facilitate a  review of whether the borrower might benefit from  counseling  or  other  foreclosure prevention services.    3.  Within  one  hundred  eighty  days  of  the effective date of this  subdivision, or such later time as the superintendent may determine, the  superintendent shall develop with the assistance of the commissioner  of  the  division  of  housing and community renewal, an electronic database  that shall be capable of receiving all filings required by this section.    4. The information provided to the  superintendent  pursuant  to  this  subdivision  shall  not be subject to article six of the public officers  law or paragraphs (a), (c) and (d) of subdivision one or subdivision six  of section ninety-four of the public officers law. All such  information  shall  be  used  by  the  superintendent exclusively for the purposes of  monitoring on a statewide basis the extent of foreclosure filings within  this state, to perform an analysis of loan types which were the  subject  of  a  pre-foreclosure  notice  and  directing  as appropriate available  public and private foreclosure prevention  and  counseling  services  to  borrowers   at   risk  of  foreclosure.  The  superintendent  may  share  information contained in the database with housing  counseling  agencies  designated  by  the division of housing and community renewal as well as  with other state  agencies  with  jurisdiction  over  housing,  for  the  purpose  of  coordinating  or  securing  help  for  borrowers at risk of  foreclosure.    5. The superintendent is hereby authorized to  promulgate  such  rules  and  regulations as shall be necessary to implement the purposes of this  section.