S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
AN ACT to amend the real property actions and proceedings law, in
relation to requiring lenders, assignees and mortgage loan servicers
to submit an affidavit to the court prior to commencing foreclosure
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property actions and proceedings law is amended by
adding a new section 1304-a to read as follows:
S 1304-A. REQUIRED AFFIDAVIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AT LEAST THIRTY DAYS BEFORE A LENDER, AN ASSIGNEE OR A MORTGAGE
LOAN SERVICER COMMENCES A MORTGAGE FORECLOSURE PROCEEDING, SUCH LENDER,
ASSIGNEE OR MORTGAGE LOAN SERVICER SHALL PROVIDE THE COURT IN WHICH THEY
ARE BRINGING SUCH ACTION, A SIGNED AFFIDAVIT THAT SUCH LENDER, ASSIGNEE
OR MORTGAGE LOAN SERVICER HAS A BOND OR NOTE SECURED BY A MORTGAGE ON
SUCH REAL PROPERTY.
2. A FALSE STATEMENT CONTAINED IN SUCH AFFIDAVIT SHALL CONSTITUTE A
VIOLATION OF THIS SECTION. ANY PERSON WHO KNOWINGLY VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.