| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to housing, construction and community development |
| Jul 16, 2009 |
committed to rules |
| Jul 09, 2009 |
amended on third reading 1944a |
| May 11, 2009 |
advanced to third reading |
| May 06, 2009 |
2nd report cal. |
| May 05, 2009 |
1st report cal.247 |
| Feb 10, 2009 |
referred to judiciary |
Senate Bill S1944
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
Actions
Bill Amendments
2009-S1944 - Details
- See Assembly Version of this Bill:
- A7105
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Add §1305, RPAP L
2009-S1944 - Sponsor Memo
BILL NUMBER: S1944
TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to designating a party to accept service in the event a
property becomes vacant during the foreclosure process
PURPOSE :
Enactment of this legislation would require a lender who starts a
foreclosure proceeding to designate a party that will be responsible
for accepting service of any court actions if the property becomes
vacant during the foreclosure process.
SUMMARY OF PROVISIONS :
Section 1 amends the real property and proceedings law by adding a new
section 1305 requiring that an agent be designated prior to the
initiation of a foreclosure. Further states that such designation
shall be filed in the county clerk's office and shall include the
address at which such designated agent will accept service, which must
be located within the county where such filing takes place. This
filing shall remain in effect for a period of three years.
2009-S1944 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1944
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to designating a party to accept service in the event a prop-
erty becomes vacant during the foreclosure process
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 1305 to read as follows:
S 1305. DESIGNATION OF AGENT FOR SERVICE. PRIOR TO INITIATING AN
ACTION TO FORECLOSE A MORTGAGE, THE FORECLOSING PARTY SHALL DESIGNATE AN
AGENT TO ACCEPT SERVICE FOR ALL ACTIONS IN THE EVENT THAT THE SUBJECT
PROPERTY BECOMES VACANT DURING THE FORECLOSURE PROCEEDING. ANY PERSON
MAY BE DESIGNATED BY THE FORECLOSING PARTY AS AN AGENT FOR SERVICE IN A
WRITING, EXECUTED AND ACKNOWLEDGED IN THE SAME MANNER AS A DEED, WITH
THE CONSENT OF THE AGENT ENDORSED THEREON. THE WRITING SHALL BE FILED IN
THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE MORTGAGE AND DEED ARE
FILED. THE WRITING SHALL ALSO INCLUDE THE ADDRESS AT WHICH THE DESIG-
NATED AGENT WILL ACCEPT SERVICE; SUCH ADDRESS MUST BE LOCATED WITHIN THE
COUNTY IN WHICH THE WRITING IS FILED. THE DESIGNATION SHALL REMAIN IN
EFFECT FOR THREE YEARS FROM SUCH FILING UNLESS IT HAS BEEN REVOKED BY
THE FILING OF A REVOCATION, OR BY THE DEATH, JUDICIAL DECLARATION OF
INCOMPETENCY OR LEGAL TERMINATION OF THE AGENT OR PRINCIPAL.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07934-01-9
2009-S1944A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7105
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Add §1305, RPAP L
2009-S1944A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1944A
TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to designating a party to accept service in the event a
property becomes vacant during the foreclosure process
PURPOSE :
Enactment of this legislation would require a lender who starts a
foreclosure proceeding to designate a party that will be responsible
for accepting service of any court actions if the property becomes
vacant during the foreclosure process.
SUMMARY OF PROVISIONS :
Section 1 amends the real property and proceedings law by adding a new
section 1305 requiring that an agent be designated prior to the
initiation of a foreclosure. Further states that such designation
shall be filed in the county clerk's office and shall include the
address at which such designated agent will accept service, which must
be located within the county where such filing takes place. This
filing shall remain in effect for a period of three years.
2009-S1944A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1944--A
Cal. No. 247
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the real property actions and proceedings law, in
relation to designating a party to accept service in the event a prop-
erty becomes vacant during the foreclosure process
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 1305 to read as follows:
S 1305. DESIGNATION OF AGENT FOR SERVICE. PRIOR TO INITIATING AN
ACTION TO FORECLOSE A MORTGAGE, THE FORECLOSING PARTY SHALL DESIGNATE A
LOCAL AGENT TO ACCEPT SERVICE FOR ALL ACTIONS. THE FORECLOSING PARTY
SHALL DESIGNATE EITHER ITS ATTORNEY, AS PROVIDED IN SECTION THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, OR ITS DULY REGIS-
TERED AGENT FOR SERVICE OF PROCESS, AS PROVIDED IN SECTION THREE HUNDRED
FIVE OF THE BUSINESS CORPORATION LAW OR SIMILAR LAWS, AS AN AGENT TO
ACCEPT SERVICE FOR ALL LEGAL ACTIONS RELATED TO THE PROPERTY BEING FORE-
CLOSED IN A WRITING, EXECUTED AND ACKNOWLEDGED IN THE SAME MANNER AS A
DEED, WITH THE CONSENT OF THE AGENT ENDORSED THEREON. THE WRITING SHALL
BE FILED IN THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE MORTGAGE
AND DEED ARE FILED. THE WRITING SHALL ALSO INCLUDE THE ADDRESS AT WHICH
THE DESIGNATED AGENT WILL ACCEPT SERVICE; SUCH ADDRESS MUST BE LOCATED
WITHIN THE COUNTY IN WHICH THE WRITING IS FILED.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07934-02-9
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