Whilst law does not specify whether suggestions must be offered concerning each party whenever there are numerous some one otherwise entities to your just one loan, a plain reading shows that RPAPL 1306 was came across provided that all together debtor is detailed
The fresh new statute states the processing need certainly to have factual statements about “the fresh new borrower,” talking about brand new party inside the just one setting-in the place of RPAPL 1304, hence recommendations the “borrower, otherwise borrowers.” To make sure, conditions about singular could possibly get basically be translated to help you encompass brand new plural, when the doing this try consistent with the context and legislative purpose (come across Standard Construction Laws 35; Question of Playthings “R” You v Silva, 89 NY2d 411, 421 n dos ). However it is tall one to, despite using the only 1 and you can plural function when you look at the part 1304, our elected representatives decided to site only the singular “borrower” for the RPAPL 1306, a directly associated law.
Moreover, the conclusion one recommendations in accordance with you to definitely debtor suffices was consistent on the no. 1 function of the brand new filing, that’s expressed about plain code of your own law. RPAPL 1306(4) brings the investigation gathered through the submitting “is utilized by the latest superintendent [away from monetary qualities] exclusively for the fresh purposes of monitoring on a beneficial statewide base the newest extent from property foreclosure filings contained in this state” on greatest objective so you can “would a diagnosis out-of financing brands” vulnerable to property foreclosure also to “direct[] because suitable available social and personal foreclosure cures and you can guidance functions in order to individuals at risk of foreclosure” (RPAPL 1306 [emphasis [*5]added]). This supply suggests that the primary objective of one’s filings is actually to add mathematical study permitting DFS in order to truthfully track and you can learn funds susceptible to property foreclosure and you will safely allocate foreclosure counseling resources statewide so you can combat the loan crisis-a point together with reflected throughout the legislative background (Governor’s System Bill, 2009 Mem, Expenses Jacket, L 2009, ch 507 from the 9, 11). In fact, it would appear that DFS-this new institution faced with developing the new submitting form and you may database and you will if not using the law-views RPAPL 1306 since the demanding the newest variety of only one borrower (find Pre-property foreclosure Guidance Means Faq’s, NYS Institution out-of Financial Services, available at [history reached ] [RPAPL 1306 “cannot specifically greeting several borrowers” and you can “do(es) perhaps not faith RPAPL 1306 will be interpreted once the requiring the brand new reporting of more than one or two Borrowers”]).
To read the new law as the defendants urge will give an extremely particular interpretation to help you “debtor,” unsupported by language of your own statute or even the first legislative objective-to add DFS with statewide research on features susceptible to foreclosure as a consequence of a submitting that has had facts about the borrowed funds therefore the “borrower
To be sure, the brand new statutory text message it allows the brand new company to generally share recommendations on processing which have particular casing guidance providers one to accentuate assist getting disturb individuals, home and you may DFS can use what “in order to assists a peek at whether or not the debtor might make the most of counseling or other foreclosure protection properties” (RPAPL 1306, ). However, such ancillary uses of one’s studies dont force this new achievement the law are broken in the event the each liable private are perhaps not listed on the submitting. More often than not, an electronic digital submitting which has you to definitely borrower’s pointers would not decelerate these downstream uses of one’s data. In reality, sometimes the newest introduction out of facts regarding the another borrower will be redundant-as the reflected right here, where the consumers try hitched, alive from the topic possessions to each other, as well as their welfare is actually aligned (as it is apparent using their shared symbolization of the same guidance). ” Thus, a processing that includes factual statements about singular debtor is enough according to the statute.