1 Bergman on New York Mortgage Foreclosures § 8.06

Summary

• [1] Date of Sale

  Although a notice of sale is addressed by R.P.A.P.L. Sections 1404 through and including Section 1406, determining the date of sale requires reference to the subsequent § 1408 entitled “Sale; how conducted.” The latter section provides at Subsection 2 thereof that if publication of the notice of sale is for four weeks (which in turn is authorized by R.P.A.P.L. § 1405(2)) the sale shall take place on any day on or after the twenty-eighth day and on or before the thirty-fifth day after the day of the first publication. Alternatively, if publication of the notice of sale is selected for five weeks, than the sale shall take place on any day on or after the thirty-fifth day and on or before the forty-second day after the date of the first publication. (Any period of seven successive days is designated to constitute a week under R.P.A.P.L. § 1408.)

  Notwithstanding the directive of R.P.A.P.L. § 1408 concerning sale date, reference is necessary to R.P.A.P.L. § 1406 concerning ...