S T A T E O F N E W Y O R K
________________________________________________________________________
5045
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to invali-
dating certain confessions of judgment, security interests, and liens
obtained by attorneys in matrimonial actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3218 of the civil practice law and rules is amended
by adding a new subdivision (e) to read as follows:
(E) CONFESSION OF JUDGMENT, SECURITY INTEREST, OR LIEN UNENFORCEABLE
BY ATTORNEY IN MATRIMONIAL ACTIONS. NO CONFESSION OF JUDGMENT, SECURITY
INTEREST, OR LIEN ON A PRIMARY RESIDENCE ARISING FROM PROFESSIONAL
SERVICES RENDERED BY AN ATTORNEY IN A MATRIMONIAL ACTION SHALL BE
ENFORCEABLE UNLESS:
1. THE CLIENT IS SPECIFICALLY ADVISED IN A RETAINER AGREEMENT THAT
SUCH A LEVY OR LIEN IS POSSIBLE;
2. UPON APPLICATION AND FOLLOWING NOTICE OF THE APPLICATION TO THE
OTHER PARTY IN THE MATRIMONIAL ACTION, THE JUSTICE PRESIDING OVER THE
CASE GIVES APPROVAL OF SUCH LEVY OR LIEN; AND
3. THE JUSTICE FINDS, FOLLOWING A CAREFUL EXAMINATION OF THE FINANCES
OF THE PARTIES TO THE ACTION, THAT THERE IS NO OTHER MEANS OF SECURING
PAYMENT OF THE FEE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, AN ATTORNEY
SHALL NOT FORECLOSE ON A MORTGAGE PLACED ON THE MARITAL RESIDENCE WHILE
THE SPOUSE WHO CONSENTS TO THE MORTGAGE REMAINS THE TITLEHOLDER AND THE
RESIDENCE REMAINS THE SPOUSE'S PRIMARY RESIDENCE.
ANY JUDGMENT ENTERED IN VIOLATION OF THIS SUBDIVISION IS VOID AND
UNENFORCEABLE.
S 2. This act shall take effect immediately and shall apply to judg-
ments entered on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08663-01-9