(a) In any residential foreclosure action involving a home loan, as such term is defined in section thirteen hundred four of the real property actions and proceedings law, in which the defendant is a resident of the property which is subject to foreclosure, the complaint shall be accompanied by a certificate, signed by the attorney for the plaintiff, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the plaintiff identified in the certificate and the attorney’s review of pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant and all instruments of assignment, if any, and any other instrument of indebtedness including any modification, extension, and consolidation, to the best of such attorney’s knowledge, information and belief there is a reasonable basis for the commencement of such action and that the plaintiff is currently the creditor entitled to enforce rights under such documents. If not attached to the summons and complaint in the action, a copy of the mortgage, security agreement and note or bond underlying the mortgage executed by defendant and all instruments of assignment, if any, and any other instrument of indebtedness including any modification, extension, and consolidation shall be attached to the certificate.
§ 3012-b.Certificate of merit in certain residential foreclosure actions
Article 30. Remedies and Pleading · Last amended 2013 · Last verified July 21, 2026
In one sentenceRequires the plaintiff's attorney in a residential foreclosure action against an occupying homeowner to certify, after reviewing the note, mortgage, and any assignments, that there's a reasonable basis to sue and that the plaintiff currently holds the right to enforce the debt.
Full Text of CPLR 3012-b
(b) Where a certificate is required pursuant to this section, a single certificate shall be filed for each action even if more than one defendant has been named in the complaint or is subsequently named.
(c) Where the documents required under subdivision (a) are not attached to the summons and complaint or to the certificate, the attorney for the plaintiff shall attach to the certificate supplemental affidavits by such attorney or representative of plaintiff attesting that such documents are lost whether by destruction, theft or otherwise. Nothing herein shall replace or abrogate plaintiff’s obligations as set forth in the New York uniform commercial code.
(e) If a plaintiff willfully fails to provide copies of the papers and documents as required by subdivision (a) of this section and the court finds, upon the motion of any party or on its own motion on notice to the parties, that such papers and documents ought to have been provided, the court may dismiss the complaint or make such final or conditional order with regard to such failure as is just including but not limited to denial of the accrual of any interest, costs, attorneys’ fees and other fees, relating to the underlying mortgage debt. Any such dismissal shall be without prejudice and shall not be on the merits.
Plain-English Summary
CPLR 3012-b grew out of the foreclosure crisis that followed the 2008 financial collapse, when courts across New York saw a wave of foreclosure filings brought by servicers and trusts that couldn't always show they owned the loan they were foreclosing. The section answers that problem at the front door: before a foreclosure case against an occupied home loan can proceed, the plaintiff's attorney must sign a certificate stating that they've reviewed the file and, based on that review and on consultation with the plaintiff's own representatives, believe there's a reasonable basis to sue and that the plaintiff currently holds the right to enforce the note.
The certificate isn't a bare assurance. The attorney must have looked at the mortgage, the note or bond, and every instrument of assignment, modification, extension, or consolidation in the chain of title, and those documents (or a copy of them) travel with the certificate if they aren't already attached to the summons and complaint. One certificate covers the whole action even when the plaintiff sues several defendants. If a document is missing because it was lost, destroyed, or stolen, the attorney has to say so in a supplemental affidavit — the missing paperwork can't just be skipped over, and none of this changes what the Uniform Commercial Code already requires of a party enforcing a lost instrument.
The section has teeth. If a plaintiff willfully withholds documents the statute requires, the court — on any party's motion or on its own initiative — can dismiss the complaint (without prejudice and without deciding the case on the merits) or fashion another remedy, including cutting off interest, costs, or attorney's fees tied to the debt. One carve-out favors defendants who have no lawyer: the rule elsewhere in this article that treats an unchallenged signature on a negotiable instrument as admitted doesn't apply against a self-represented homeowner in one of these cases.
Frequently Asked Questions
What is a certificate of merit in a New York foreclosure case?
It's a certificate the plaintiff's attorney must sign and file with a residential foreclosure complaint, stating that the attorney reviewed the loan documents and consulted with the plaintiff's representatives, and concluded there's a reasonable basis to sue and that the plaintiff currently has the right to enforce the debt.
Does CPLR 3012-b apply to every foreclosure case in New York?
It applies to residential foreclosure actions involving a home loan where the defendant lives in the property being foreclosed, not to every foreclosure filed in the state.
What documents does the certificate have to be based on?
The attorney's review must cover the mortgage, the note or bond, and any instruments of assignment, modification, extension, or consolidation, and copies of those documents must accompany the certificate if they weren't already attached to the summons and complaint.
What if the original loan documents were lost before the case was filed?
The attorney must attach a supplemental affidavit explaining that the documents are lost, whether through destruction, theft, or other cause, and the certificate requirement doesn't relieve the plaintiff of its separate obligations under the Uniform Commercial Code.
What happens if a foreclosure plaintiff refuses to turn over the required documents?
If the court finds the plaintiff willfully failed to provide the papers CPLR 3012-b requires, it can dismiss the complaint without prejudice or issue another order it finds just, including denying interest, costs, or attorney's fees tied to the debt.
Does the signature-admission rule in CPLR 3015(d) still work against an unrepresented homeowner?
No. CPLR 3012-b(d) turns off that rule for a defendant in one of these foreclosure actions who isn't represented by an attorney.
Advisory Committee Notes
The Committee proposes a new CPLR 3012-b to create a procedure whereby the plaintiff lender’s attorney must take certain steps to ascertain that his or her client has standing to maintain the action. Specifically, before commencing such an action, he or she must be assured that the plaintiff he or she represents holds the instrument of indebtedness in the action. To evidence that the plaintiff’s attorney has received such assurance, the complaint he or she files in the action must be accompanied by a certificate, executed by the plaintiff’s attorney, declaring that the attorney has reviewed the merits of the action and that, based upon consultation with authorized representatives of the plaintiff or the attorney’s review of pertinent documents, the attorney has concluded on the basis of that consultation or review that there is reasonable basis for the commencement of the action. Also, the plaintiff’s attorney must attach to the complaint copies of the relevant instruments of indebtedness and any instruments of assignment. This measure would also amend CPLR 3408 to require a plaintiff to file proof of service within 20 days of service. This amendment will supply the necessary ingredient to ensure participation by the parties in the mandatory foreclosure conference with the court.
The Committee believes that, in addition to helping the bar by clarifying in statute the plaintiff’s attorney’s obligation to the court in a residential foreclosure action, this measure is an appropriate public policy response to the crisis in foreclosure cases. The Committee believes that statutory reform is needed to ensure the integrity of the mortgage foreclosure process and eliminate the cases brought without standing or merit. This proposal seeks to prevent completely the problem of “shadow dockets” in the residential foreclosure cases which was unforeseen at the time the recent affirmations rule was promulgated by administrative order. The trial court would have reasonable assurance that all of the instruments of indebtedness underpinning these actions, including any UCC Article 9 document evidencing a security interest in the note, and all instruments of assignment, if any, are in place at the commencement of the action.
Amendment History
Add, L 2013, ch 306, § 1, eff Aug 30, 2013.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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