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Assembly Bill A1239

Signed By Governor

2009-2010 Legislative Session

Enacts the "access to justice in lending act"

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Archive: Last Bill Status Via S2614 - Signed by Governor

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2009-A1239 - Details

2009-A1239 - Summary

Enacts the "access to justice in lending act"; relates to a mortgagor's right to recover attorney's fees in actions or proceedings arising out of foreclosures of residential property which consists of a one- to four-family residence, condominium that is occupied by the mortgagor or cooperative unit that is occupied by the mortgagor; provides reciprocal attorney's fees.

2009-A1239 - Bill Text download pdf 

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

                                  1239

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. LANCMAN, ALFANO -- Multi-Sponsored by -- M. of A.
  WEINSTEIN -- read once and referred to the Committee on Banks

AN  ACT  to  amend  the  real  property law, in relation to enacting the
  "access to justice in lending act"

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

  Section  1. This act shall be known and may be cited as the "access to
justice in lending act".
  S 2. The real property law is amended by adding a new section  282  to
read as follows:
  S  282.  MORTGAGOR'S  RIGHT  TO  RECOVER ATTORNEYS' FEES IN ACTIONS OR
PROCEEDINGS ARISING OUT OF FORECLOSURES OF RESIDENTIAL PROPERTY.   WHEN-
EVER  A  COVENANT  CONTAINED  IN A MORTGAGE ON RESIDENTIAL REAL PROPERTY
SHALL PROVIDE THAT IN ANY ACTION OR PROCEEDING TO FORECLOSE THE MORTGAGE
THAT THE MORTGAGEE MAY RECOVER ATTORNEYS' FEES AND/OR EXPENSES  INCURRED
AS THE RESULT OF THE FAILURE OF THE MORTGAGOR TO PERFORM ANY COVENANT OR
AGREEMENT  CONTAINED IN SUCH MORTGAGE, OR THAT AMOUNTS PAID BY THE MORT-
GAGOR THEREFOR SHALL BE PAID BY THE  MORTGAGEE  AS  ADDITIONAL  PAYMENT,
THERE  SHALL  BE IMPLIED IN SUCH MORTGAGE A COVENANT BY THE MORTGAGEE TO
PAY TO THE MORTGAGOR THE  REASONABLE  ATTORNEYS'  FEES  AND/OR  EXPENSES
INCURRED  BY THE MORTGAGOR AS THE RESULT OF THE FAILURE OF THE MORTGAGEE
TO PERFORM ANY COVENANT OR AGREEMENT ON ITS PART TO BE  PERFORMED  UNDER
THE  MORTGAGE  OR  IN THE SUCCESSFUL DEFENSE OF ANY ACTION OR PROCEEDING
COMMENCED BY THE MORTGAGEE AGAINST THE  MORTGAGOR  ARISING  OUT  OF  THE
CONTRACT,  AND AN AGREEMENT THAT SUCH FEES AND EXPENSES MAY BE RECOVERED
AS PROVIDED BY LAW IN AN ACTION COMMENCED AGAINST THE  MORTGAGEE  OR  BY
WAY OF COUNTERCLAIM IN ANY ACTION OR PROCEEDING COMMENCED BY THE MORTGA-
GEE  AGAINST  THE MORTGAGOR. ANY WAIVER OF THIS SECTION SHALL BE VOID AS
AGAINST PUBLIC POLICY.
  S 3. This act shall take effect immediately.

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

2009-A1239A - Details

2009-A1239A - Summary

Enacts the "access to justice in lending act"; relates to a mortgagor's right to recover attorney's fees in actions or proceedings arising out of foreclosures of residential property which consists of a one- to four-family residence, condominium that is occupied by the mortgagor or cooperative unit that is occupied by the mortgagor; provides reciprocal attorney's fees.

2009-A1239A - Bill Text download pdf 

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

                                 1239--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. LANCMAN, ALFANO, JAFFEE, PERRY -- Multi-Sponsored
  by -- M. of A. WEINSTEIN -- read once and referred to the Committee on
  Banks  -- reported and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the real property  law,  in  relation  to  enacting  the
  "access to justice in lending act"

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

  Section 1. This act shall be known and may be cited as the "access  to
justice in lending act".
  S  2.  The real property law is amended by adding a new section 282 to
read as follows:
  S 282. MORTGAGOR'S RIGHT TO RECOVER  ATTORNEYS'  FEES  IN  ACTIONS  OR
PROCEEDINGS  ARISING OUT OF FORECLOSURES OF RESIDENTIAL PROPERTY.  WHEN-
EVER A COVENANT CONTAINED IN A MORTGAGE  ON  RESIDENTIAL  REAL  PROPERTY
SHALL PROVIDE THAT IN ANY ACTION OR PROCEEDING TO FORECLOSE THE MORTGAGE
THAT  THE MORTGAGEE MAY RECOVER ATTORNEYS' FEES AND/OR EXPENSES INCURRED
AS THE RESULT OF THE FAILURE OF THE MORTGAGOR TO PERFORM ANY COVENANT OR
AGREEMENT CONTAINED IN SUCH MORTGAGE, OR THAT AMOUNTS PAID BY THE  MORT-
GAGEE  THEREFOR  SHALL  BE  PAID BY THE MORTGAGOR AS ADDITIONAL PAYMENT,
THERE SHALL BE IMPLIED IN SUCH MORTGAGE A COVENANT BY THE  MORTGAGEE  TO
PAY  TO  THE  MORTGAGOR  THE  REASONABLE ATTORNEYS' FEES AND/OR EXPENSES
INCURRED BY THE MORTGAGOR AS THE RESULT OF THE FAILURE OF THE  MORTGAGEE
TO  PERFORM  ANY COVENANT OR AGREEMENT ON ITS PART TO BE PERFORMED UNDER
THE MORTGAGE OR IN THE SUCCESSFUL DEFENSE OF ANY  ACTION  OR  PROCEEDING
COMMENCED  BY  THE  MORTGAGEE  AGAINST  THE MORTGAGOR ARISING OUT OF THE
CONTRACT, AND AN AGREEMENT THAT SUCH FEES AND EXPENSES MAY BE  RECOVERED
AS  PROVIDED  BY  LAW IN AN ACTION COMMENCED AGAINST THE MORTGAGEE OR BY
WAY OF COUNTERCLAIM IN ANY ACTION OR PROCEEDING COMMENCED BY THE MORTGA-
GEE AGAINST THE MORTGAGOR. ANY WAIVER OF THIS SECTION SHALL BE  VOID  AS
AGAINST PUBLIC POLICY.
  S 3. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2009-A1239B (ACTIVE) - Details

2009-A1239B (ACTIVE) - Summary

Enacts the "access to justice in lending act"; relates to a mortgagor's right to recover attorney's fees in actions or proceedings arising out of foreclosures of residential property which consists of a one- to four-family residence, condominium that is occupied by the mortgagor or cooperative unit that is occupied by the mortgagor; provides reciprocal attorney's fees.

2009-A1239B (ACTIVE) - Bill Text download pdf 

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

                                 1239--B
                                                        Cal. No. 111

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  LANCMAN,  ALFANO,  JAFFEE, PERRY, MILLMAN --
  Multi-Sponsored by -- M. of A. PHEFFER, WEINSTEIN  --  read  once  and
  referred  to  the  Committee  on Banks -- reported and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- passed by
  Assembly and delivered to the Senate, recalled from the  Senate,  vote
  reconsidered,  bill amended, ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the real property  law,  in  relation  to  enacting  the
  "access to justice in lending act"

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

  Section 1. This act shall be known and may be cited as the "access  to
justice in lending act".
  S  2.  The real property law is amended by adding a new section 282 to
read as follows:
  S 282. MORTGAGOR'S RIGHT TO RECOVER  ATTORNEYS'  FEES  IN  ACTIONS  OR
PROCEEDINGS  ARISING  OUT  OF  FORECLOSURES OF RESIDENTIAL PROPERTY.  1.
WHENEVER A COVENANT CONTAINED IN A MORTGAGE ON RESIDENTIAL REAL PROPERTY
SHALL PROVIDE THAT IN ANY ACTION OR PROCEEDING TO FORECLOSE THE MORTGAGE
THAT THE MORTGAGEE MAY RECOVER ATTORNEYS' FEES AND/OR EXPENSES  INCURRED
AS THE RESULT OF THE FAILURE OF THE MORTGAGOR TO PERFORM ANY COVENANT OR
AGREEMENT  CONTAINED IN SUCH MORTGAGE, OR THAT AMOUNTS PAID BY THE MORT-
GAGEE THEREFOR SHALL BE PAID BY THE  MORTGAGOR  AS  ADDITIONAL  PAYMENT,
THERE  SHALL  BE IMPLIED IN SUCH MORTGAGE A COVENANT BY THE MORTGAGEE TO
PAY TO THE MORTGAGOR THE  REASONABLE  ATTORNEYS'  FEES  AND/OR  EXPENSES
INCURRED  BY THE MORTGAGOR AS THE RESULT OF THE FAILURE OF THE MORTGAGEE
TO PERFORM ANY COVENANT OR AGREEMENT ON ITS PART TO BE  PERFORMED  UNDER
THE  MORTGAGE  OR  IN THE SUCCESSFUL DEFENSE OF ANY ACTION OR PROCEEDING
COMMENCED BY THE MORTGAGEE AGAINST THE  MORTGAGOR  ARISING  OUT  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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