S T A T E O F N E W Y O R K
________________________________________________________________________
2590
2009-2010 Regular Sessions
I N S E N A T E
February 24, 2009
___________
Introduced by Sen. SAMPSON -- 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 requiring the mortgage
bill of rights pamphlet on residential mortgages to be posted and
printed in the eight languages which are most spoken in the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 35 of the banking law, as added by
a chapter of the laws of 2009, entitled "AN ACT" to amend the banking
law, in relation to directing licensed mortgage bankers and authorized
mortgage loan originators to provide mortgage applicants with a mortgage
bill of rights pamphlet on residential mortgages, is amended to read as
follows:
1. The superintendent [of banks] shall develop a pamphlet known as
"the mortgage applicant's bill of rights" and post such pamphlet on the
[banking] department's website. SUCH PAMPHLET SHALL BE POSTED AND
PRINTED IN THE EIGHT LANGUAGES WHICH ARE MOST SPOKEN IN THIS STATE.
Copies of such pamphlet shall be provided to all licensed lenders and
banking organizations offering residential mortgage services. A copy of
such pamphlet shall be provided by licensed lenders and banking organ-
ization to each person before such person enters into an application for
a loan secured by a mortgage upon residential real estate. THE PAMPHLET
PROVIDED TO EACH SUCH PERSON SHALL BE PRINTED IN A LANGUAGE WHICH THE
PERSON IS CAPABLE OF READING AND UNDERSTANDING. Furthermore, such
licensed lender and banking organization shall not accept an application
for a residential mortgage until the person or persons applying for a
mortgage have been provided a copy of the booklet and acknowledged
receipt of it in writing. Every licensed lender and banking organization
shall maintain such acknowledgement along with the applicant's mortgage
loan documents.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00035-01-9
S. 2590 2
S 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2009, entitled "AN ACT" to amend the
banking law, in relation to directing licensed mortgage bankers and
authorized mortgage loan originators to provide mortgage applicants with
a mortgage bill of rights pamphlet on residential mortgages, takes
effect.