NY State Senate Bill 2015-S6656A

Senate Bill S6656A

2015-2016 Legislative Session

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2016	print number 6656a
May 25, 2016	amend and recommit to housing, construction and community development
Feb 03, 2016	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2015-S6656 - Details

See Assembly Version of this Bill:: A8559
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §1303, RPAP L

2015-S6656 - Summary

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

2015-S6656 - Sponsor Memo

2015-S6656 - Bill Text download pdf

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

                                  6656

                            I N  S E N A T E

                            February 3, 2016
                               ___________

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 providing notice to a homeowner whose  property  is  being
  foreclosed  that  they  do  not have to abandon the property until the
  foreclosure process is complete

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 1303 of the real property actions
and proceedings law, as amended by chapter 507 of the laws of  2009  and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  PLEASE NOTE:   YOU LEGALLY OWN YOUR PROPERTY UNTIL THE DAY OF THE
FORECLOSURE SALE AND MAY REMAIN THERE UNTIL THIS TIME. IF  YOU  LIVE  IN
THE  PROPERTY  BEING  FORECLOSED  UPON, YOU ARE ENTITLED TO A SETTLEMENT
CONFERENCE TO HELP YOU TO TRY AND SAVE YOUR HOME.
  Please read the summons and complaint carefully. You should immediate-
ly contact an attorney or your local legal aid office to  obtain  advice
on how to protect yourself.
Sources of Information and Assistance
  The  State  encourages  you  to  become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and  non-profit  organizations
that  you  may contact for information about possible options, including
trying to work with your lender during this process.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11954-03-5

S. 6656                             2

  To locate an entity near you, you  may  call  the  toll-free  helpline
maintained  by  the  New  York State Department of Financial Services at
(enter number) or visit the Department's website at (enter web address).
Foreclosure rescue scams
  Be careful of people who approach you with offers to "save" your home.
There  are  individuals  who watch for notices of foreclosure actions in
order to unfairly profit from a  homeowner's  distress.  You  should  be
extremely  careful  about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone  offer-
ing  such  services  for  profit  to  enter  into a contract which fully
describes the services they will perform and fees they will charge,  and
which  prohibits  them  from  taking  any money from you until they have
completed all such promised services.
  S 2. This act shall take effect immediately.

2015-S6656A (ACTIVE) - Details

See Assembly Version of this Bill:: A8559
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §1303, RPAP L

2015-S6656A (ACTIVE) - Summary

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

2015-S6656A (ACTIVE) - Sponsor Memo

2015-S6656A (ACTIVE) - Bill Text download pdf

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

                                 6656--A

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  providing  notice to a homeowner whose property is being
  foreclosed that they do not have to abandon  the  property  until  the
  foreclosure process is complete

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 1303 of the real property  actions
and  proceedings  law, as amended by chapter 507 of the laws of 2009 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  3. The notice to any mortgagor required by paragraph (a)  of  subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New  York  State  Law  requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
  You are in danger of losing your home. If you fail to respond  to  the
summons  and  complaint  in  this  foreclosure action, you may lose your
home. PLEASE NOTE: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME  UNTIL  YOU
RECEIVE  A COURT ORDER TELLING YOU TO LEAVE THE PROPERTY. THIS IS NOT AN
EVICTION NOTICE AND YOU STILL HAVE THE RIGHT TO REMAIN IN THE HOME UNTIL
A COURT ORDERS YOU TO LEAVE. YOU LEGALLY REMAIN THE  OWNER  OF  AND  ARE
RESPONSIBLE  FOR  THE  PROPERTY  UNTIL THE PROPERTY IS SOLD BY YOU OR BY
ORDER OF THE COURT AT THE CONCLUSION OF THIS FORECLOSURE ACTION. IF  YOU
LIVE  IN  THE  PROPERTY  YOU  HAVE A RIGHT TO A SETTLEMENT CONFERENCE IN
COURT AT WHICH YOU CAN TRY TO NEGOTIATE A LOAN  MODIFICATION  THAT  WILL
PERMIT YOU TO KEEP YOUR HOME.
  Please read the summons and complaint carefully. You should immediate-
ly  contact  an attorney or your local legal aid office to obtain advice
on how to protect yourself.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11954-06-6

S. 6656--A                          2

Sources of Information and Assistance
  The  State  encourages  you  to  become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and  non-profit  organizations
that  you  may contact for information about possible options, including
trying to work with your lender during this process.
  To locate an entity near you, you  may  call  the  toll-free  helpline
maintained  by  the  New  York State Department of Financial Services at
(enter number) or visit the Department's website at (enter web address).
Foreclosure rescue scams
  Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of  foreclosure  actions  in
order  to  unfairly  profit  from  a homeowner's distress. You should be
extremely careful about any such promises and any suggestions  that  you
pay  them a fee or sign over your deed. State law requires anyone offer-
ing such services for profit  to  enter  into  a  contract  which  fully
describes  the services they will perform and fees they will charge, and
which prohibits them from taking any money  from  you  until  they  have
completed all such promised services.
  S 2. This act shall take effect immediately.

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