Senate Bill S315

2013-2014 Legislative Session

Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court prior to commencing foreclosure proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2013-S315 (ACTIVE) - Details

See Assembly Version of this Bill:
A162
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1304-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6017, A9109
2015-2016: S265, A6549
2017-2018: S4882, A6762
2019-2020: A6824

2013-S315 (ACTIVE) - Summary

Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court at least thirty days before commencing foreclosure proceedings.

2013-S315 (ACTIVE) - Sponsor Memo

2013-S315 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   315

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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
  Community Development

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
  proceedings

  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.
                                                           LBD00967-01-3


              

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.