Assembly Bill A5045

2009-2010 Legislative Session

Prohibits confessions of judgment, security interests, and liens entered by attorneys as security for fees in matrimonial actions in certain cases

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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

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2009-A5045 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

2009-A5045 (ACTIVE) - Summary

Prohibits any confession of judgment, security interest, or lien on a primary residence arising from professional services rendered by an attorney in a matrimonial action unless (1) client is so advised, (2) other party in case is given notice and the judge approves of the agreement, and (3) the judge finds no other means of securing payment of the fee.

2009-A5045 (ACTIVE) - Bill Text download pdf 

                            
                    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
                               ___________

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

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