Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2022 |
referred to banks delivered to assembly passed senate |
Feb 17, 2022 |
advanced to third reading |
Feb 16, 2022 |
2nd report cal. |
Feb 15, 2022 |
1st report cal.497 |
Jan 05, 2022 |
referred to banks returned to senate died in assembly |
Jun 10, 2021 |
referred to banks delivered to assembly passed senate |
May 24, 2021 |
advanced to third reading |
May 20, 2021 |
2nd report cal. |
May 18, 2021 |
1st report cal.1150 |
Mar 08, 2021 |
print number 2143a |
Mar 08, 2021 |
amend and recommit to banks |
Jan 20, 2021 |
referred to banks |
Senate Bill S2143A
2021-2022 Legislative Session
Sponsored By
(D) 27th Senate District
Archive: Last Bill Status - In Assembly 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
Votes
Bill Amendments
co-Sponsors
(D, WF) 25th Senate District
(D) 10th Senate District
2021-S2143 - Details
2021-S2143 - Summary
Provides that any person who has been injured by reason of any violation of any such rules, regulations or policies as the superintendent may promulgate may bring an action in his or her own name; assert a counterclaim; or, if an action is commenced by the mortgagee or anyone acting on its behalf, bring a third party claim, against either the mortgagee and/or the mortgage servicer to enjoin any violations thereof; authorizes damages
2021-S2143 - Sponsor Memo
BILL NUMBER: S2143 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the banking law, in relation to mortgage loan servicers PURPOSE OF BILL: This bill will add new subdivisions to section 595-b of the banking law in order to provide a private right of action to homeowners who are injured by a mortgage servicer or mortgagee's failure to comply with foreclosure rules and regulations. This bill will make the failure to comply a defense in a foreclosure proceeding, and compliance a condition before which a foreclosure action may be commenced. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 595-b of the banking law to add new subdivi- sions 3 and 4. Subdivision 3 outlines a private right of action for those who are personally injured by mortgage loan servicers or mortga-
2021-S2143 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2143 2021-2022 Regular Sessions I N S E N A T E January 20, 2021 ___________ Introduced by Sens. KAVANAGH, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the banking law, in relation to mortgage loan servicers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 595-b of the banking law is amended by adding two new subdivisions 3 and 4 to read as follows: 3. ACTIONS AND DAMAGES. (A) ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTI- CLE, INCLUDING BUT NOT LIMITED TO 3 NYCRR 419 OR ANY SUBSEQUENTLY PROMULGATED MORTGAGE SERVICING RULES PURSUANT TO THIS SUBDIVISION, MAY: (I) BRING AN ACTION IN HIS OR HER OWN NAME; (II) ASSERT A COUNTERCLAIM; OR (III) IF AN ACTION IS COMMENCED BY THE MORTGAGEE OR ANYONE ACTING ON ITS BEHALF, BRING A THIRD PARTY CLAIM, AGAINST EITHER THE MORTGAGEE AND/OR THE MORTGAGE SERVICER TO ENJOIN ANY VIOLATIONS THEREOF. (B) THE PERSON INJURED PURSUANT TO THIS SECTION: (I) MAY RECOVER STATUTORY DAMAGES OF ONE THOUSAND DOLLARS PER VIOLATION; (II) MAY RECOVER TREBLE ACTUAL DAMAGES; AND (III) IF AWARDED DAMAGES OR INJUNCTIVE RELIEF, SHALL ALSO BE ENTITLED TO RECOVER COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. (C) THE MORTGAGEE AND THE MORTGAGE SERVICER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY RECOVERIES BY AN INJURED MORTGAGOR IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION. 4. COMPLIANCE WITH RULES, REGULATIONS OR POLICIES. COMPLIANCE WITH ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO 3 NYCRR 419 OR ANY SUBSEQUENTLY PROMULGATED MORTGAGE SERVICING RULES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) 15th Senate District
(D, WF) 25th Senate District
(D, WF) 31st Senate District
(D, WF) 48th Senate District
2021-S2143A (ACTIVE) - Details
2021-S2143A (ACTIVE) - Summary
Provides that any person who has been injured by reason of any violation of any such rules, regulations or policies as the superintendent may promulgate may bring an action in his or her own name; assert a counterclaim; or, if an action is commenced by the mortgagee or anyone acting on its behalf, bring a third party claim, against either the mortgagee and/or the mortgage servicer to enjoin any violations thereof; authorizes damages
2021-S2143A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2143A SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the banking law, in relation to mortgage loan servicers PURPOSE OF BILL: This bill will add new subdivisions to section 595-b of the banking law in order to provide a private right of action to homeowners who are injured by a mortgage servicer or mortgagee's failure to comply with foreclosure rules and regulations. This bill will make the failure to comply a defense in a foreclosure proceeding, and compliance a condition before which a foreclosure action may be commenced. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 595-b of the banking law to add new subdivi- sions 3 and 4. Subdivision 3 outlines a private right of action for those who are personally injured by mortgage loan servicers or mortga-
2021-S2143A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2143--A 2021-2022 Regular Sessions I N S E N A T E January 20, 2021 ___________ Introduced by Sens. KAVANAGH, BRISPORT, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Banks -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the banking law, in relation to mortgage loan servicers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 595-b of the banking law is amended by adding two new subdivisions 3 and 4 to read as follows: 3. ACTIONS AND DAMAGES. (A) ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTI- CLE, INCLUDING BUT NOT LIMITED TO 3 NYCRR 419 OR ANY SUBSEQUENTLY PROMULGATED MORTGAGE SERVICING RULES PURSUANT TO THIS SUBDIVISION, MAY: (I) BRING AN ACTION IN HIS OR HER OWN NAME; (II) ASSERT A COUNTERCLAIM; OR (III) IF AN ACTION IS COMMENCED BY THE MORTGAGEE OR ANYONE ACTING ON ITS BEHALF, BRING A THIRD PARTY CLAIM, AGAINST EITHER THE MORTGAGEE AND/OR THE MORTGAGE SERVICER TO ENJOIN ANY VIOLATIONS THEREOF. (B) THE PERSON INJURED PURSUANT TO THIS SECTION: (I) MAY RECOVER STATUTORY DAMAGES OF ONE THOUSAND DOLLARS PER VIOLATION; (II) MAY RECOVER TREBLE ACTUAL DAMAGES; AND (III) IF AWARDED DAMAGES OR INJUNCTIVE RELIEF, SHALL ALSO BE ENTITLED TO RECOVER COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. (C) THE MORTGAGEE AND THE MORTGAGE SERVICER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY RECOVERIES BY AN INJURED MORTGAGOR IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION. 4. COMPLIANCE WITH RULES, REGULATIONS OR POLICIES. COMPLIANCE WITH ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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