Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to housing, construction and community development |
Feb 21, 2013 |
referred to housing, construction and community development |
Senate Bill S3818
2013-2014 Legislative Session
Sponsored By
(D, WF) 63rd Senate District
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
Actions
2013-S3818 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5009
- 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:
-
2015-2016:
S765, A477
2017-2018: A3186
2019-2020: A6106
2013-S3818 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3818 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to requiring the provision of notice to mortgagors in default for thirty days or more PURPOSE: To require mortgagors in default be notified of their default in a timely manner, be provided with information of legal organizations available to provide assistance and be provided a reminder of the mortgagor's continuing responsibilities for the mortgages property. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the real property actions and proceedings law by adding a new section 1304 - a to require that, when a mortgagor is in default for thirty days or more, the lender, assignee or mortgage loan servicer must send a notice to the mortgagor. The notification must be sent by registered or certified mail, no later than forty five (45) days after the mortgagor defaults. The notice will list the name and contact information for a legal service provider and a housing counselor approved by the New York State Attorney General and located in the same county as the mortgaged property, It also requires that the notice list the contact information for both the toll-free foreclosure helpline maintained by the New York State Attorney General and the toll-free helpline maintained by the New York State Department
2013-S3818 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3818 2013-2014 Regular Sessions I N S E N A T E February 21, 2013 ___________ Introduced by Sen. KENNEDY -- 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 the provision of notice to mortgagors in default for thirty days or more 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. NOTICE TO MORTGAGORS IN DEFAULT FOR THIRTY DAYS OR MORE. 1. WHEN A MORTGAGOR OF RESIDENTIAL REAL PROPERTY, INCLUDING OWNER-OCCUPIED ONE-TO-FOUR-FAMILY DWELLINGS, DEFAULTS ON SUCH MORTGAGE FOR THIRTY DAYS OR MORE, THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER SHALL PROVIDE NOTICE TO THE MORTGAGOR REGARDING INFORMATION AND ASSISTANCE ABOUT THE FORECLOSURE PROCESS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 2. THE NOTICE REQUIRED BY THIS SECTION SHALL BE DELIVERED TO THE MORT- GAGOR BY REGISTERED OR CERTIFIED MAIL TO THE RESIDENCE WHICH IS THE SUBJECT OF THE MORTGAGE NO LATER THAN FORTY-FIVE DAYS AFTER THE MORTGA- GOR DEFAULTS ON HIS OR HER MORTGAGE. THE NOTICE REQUIRED BY THIS SECTION SHALL BE IN BOLD, FOURTEEN-POINT TYPE AND SHALL BE PRINTED ON COLORED PAPER THAT IS OTHER THAN THE COLOR OF ANY ADDITIONAL LETTER ACCOMPANYING THE NOTICE. THE TITLE OF THE NOTICE SHALL BE BOLD, TWENTY-POINT TYPE. THE NOTICE SHALL BE ON ITS OWN PAGE. 3. THE NOTICE SHALL LIST THE NAME AND CONTACT INFORMATION FOR NO LESS THAN ONE LEGAL SERVICE PROVIDER THAT IS APPROVED BY THE NEW YORK STATE ATTORNEY GENERAL THAT IS LOCATED WITHIN THE COUNTY WHERE SUCH MORTGAGED RESIDENTIAL REAL PROPERTY IS LOCATED. THE NOTICE SHALL LIST THE NAME AND CONTACT INFORMATION FOR NO LESS THAN ONE HOUSING COUNSELOR LOCATED WITH- IN THE COUNTY OF THE MORTGAGOR AND APPROVED BY THE NEW YORK STATE ATTOR- NEY GENERAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08050-02-3
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