Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 31, 2013 |
signed chap.306 |
Jul 19, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.1643 substituted for s4530a committed to rules returned to senate repassed assembly |
Jun 17, 2013 |
amended on third reading 5582a |
Jun 17, 2013 |
vote reconsidered - restored to third reading returned to assembly recalled from senate |
May 22, 2013 |
referred to judiciary delivered to senate passed assembly |
Mar 14, 2013 |
advanced to third reading cal.109 |
Mar 12, 2013 |
reported |
Mar 04, 2013 |
referred to judiciary |
Assembly Bill A5582A
Signed By Governor2013-2014 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Annette Robinson
William Colton
N. Nick Perry
Daniel O'Donnell
multi-Sponsors
Barbara Clark
Sandy Galef
Richard Gottfried
Ellen C. Jaffee
2013-A5582 - Details
2013-A5582 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5582 2013-2014 Regular Sessions I N A S S E M B L Y March 4, 2013 ___________ Introduced by M. of A. WEINSTEIN, ROBINSON, COLTON, PERRY -- Multi-Spon- sored by -- M. of A. CLARK, GALEF, GOTTFRIED, JAFFEE, LENTOL, MARKEY -- (at request of the Office of Court Administration) -- (at the request of the Department of Law) -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to resi- dential foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 3012-b to read as follows: S 3012-B. CERTIFICATE OF MERIT IN CERTAIN RESIDENTIAL FORECLOSURE ACTIONS. (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 SUBJECT TO FORECLOSURE, THE COMPLAINT SHALL BE ACCOMPANIED BY A CERTIFICATE, EXECUTED BY THE ATTORNEY FOR THE PLAIN- TIFF, CERTIFYING THAT THE ATTORNEY HAS REVIEWED THE FACTS OF THE CASE AND THAT, BASED ON CONSULTATION WITH AUTHORIZED REPRESENTATIVES OF THE PLAINTIFF AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS, INCLUDING THE MORTGAGE, SECURITY AGREEMENT AND NOTE OR BOND UNDERLYING THE MORT- GAGE EXECUTED BY THE RESIDENTIAL DEFENDANT AND ALL INSTRUMENTS OF ASSIGNMENT, IF ANY, OR ANY OTHER INSTRUMENT OF INDEBTEDNESS, THERE IS A REASONABLE BASIS FOR THE COMMENCEMENT OF SUCH ACTION AND THAT THE PLAIN- TIFF IS CURRENTLY THE CREDITOR ENTITLED TO ENFORCE RIGHTS UNDER SUCH DOCUMENTS. SUCH CERTIFICATE SHALL ATTACH A COPY OF THE MORTGAGE, SECURI- TY AGREEMENT AND NOTE OR BOND UNDERLYING THE MORTGAGE EXECUTED BY THE RESIDENTIAL DEFENDANT AND ALL INSTRUMENTS OF ASSIGNMENT. (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE CERTIFICATE SHALL BE FILED FOR EACH ACTION EVEN IF MORE THAN ONE DEFEND- ANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. A LBD08975-01-3
co-Sponsors
Annette Robinson
William Colton
N. Nick Perry
Daniel O'Donnell
multi-Sponsors
Barbara Clark
Sandy Galef
Richard Gottfried
Ellen C. Jaffee
2013-A5582A (ACTIVE) - Details
2013-A5582A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5582--A Cal. No. 109 2013-2014 Regular Sessions I N A S S E M B L Y March 4, 2013 ___________ Introduced by M. of A. WEINSTEIN, ROBINSON, COLTON, PERRY, O'DONNELL, STEVENSON, BARRETT, STECK, CRESPO, McDONALD, FAHY -- Multi-Sponsored by -- M. of A. CLARK, GALEF, GOTTFRIED, JAFFEE, LENTOL, MARKEY, PEOPLES-STOKES, SCHIMEL, WRIGHT -- (at request of the Office of Court Administration) -- (at request of the Department of Law) -- read once and referred to the Committee on Judiciary -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the civil practice law and rules, in relation to resi- dential foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 3012-b to read as follows: S 3012-B. CERTIFICATE OF MERIT IN CERTAIN RESIDENTIAL FORECLOSURE ACTIONS. (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 PLAIN- TIFF IDENTIFIED IN THE CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTI- NENT 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 INCLUD- ING 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.