S T A T E O F N E W Y O R K
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4717
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Banks
AN ACT to amend the banking law, in relation to requiring mortgagors to
defer mortgage payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The banking law is amended by adding a new section 6-n to
read as follows:
S 6-N. DEFERMENT OF MORTGAGE PAYMENTS. IF A MORTGAGEE IS AT LEAST
SIXTY DAYS DELINQUENT IN HIS OR HER MORTGAGE LOAN PAYMENTS BUT NO MORE
THAN ONE HUNDRED EIGHTY DAYS DELINQUENT, THE MORTGAGOR SHALL, BEFORE
COMMENCING A FORECLOSURE ACTION, OFFER THE MORTGAGEE AN OPPORTUNITY TO
HAVE THE DELINQUENT PAYMENTS DEFERRED. IF A MORTGAGEE ACCEPTS THE OFFER,
AN AMOUNT EQUAL TO THE CUMULATIVE VALUE OF THE PAYMENTS THAT HAVE BEEN
MISSED SHALL BE ADDED TO THE PRINCIPAL OF THE LOAN. A MORTGAGOR IS ONLY
REQUIRED TO OFFER THIS OPTION TO A MORTGAGEE ONCE DURING THE LIFE OF THE
MORTGAGE LOAN.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08890-01-1