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Assembly Bill A629D

2011-2012 Legislative Session

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action

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Archive: Last Bill Status - On Floor Calendar

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A629 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302, add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11465
2013-2014: A1000

2011-A629 - Summary

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

2011-A629 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   629

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to standing to commence an action to foreclose a mortgage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1302 of the real property  actions
and  proceedings  law, as amended by chapter 472 of the laws of 2008, is
amended to read as follows:
  1. Any complaint served in a proceeding  initiated  pursuant  to  this
article  relating  to  a high-cost home loan or a subprime home loan, as
such terms are defined in section six-l and six-m of  the  banking  law,
respectively,  must  contain  an affirmative allegation that at the time
the proceeding is commenced, the plaintiff[:
  (a) is the owner and holder of the subject mortgage and note,  or  has
been  delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note; and
  (b)] has complied with all of the provisions of section  five  hundred
ninety-five-a  of  the banking law and any rules and regulations promul-
gated thereunder, section six-l or six-m of the banking law, and  SUBDI-
VISION  TWO  OF  SECTION  THIRTEEN  HUNDRED  TWO-A  AND section thirteen
hundred four of this article.
  S 2. The real property actions  and  proceedings  law  is  amended  by
adding a new section 1302-a to read as follows:
  S  1302-A.  STANDING  TO  COMMENCE  AN ACTION. 1. NO PERSON SHALL HAVE
STANDING TO COMMENCE AN ACTION PURSUANT TO THIS ARTICLE UNLESS IT IS THE
OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE, OR HAS BEEN DELEGATED
THE AUTHORITY TO INSTITUTE A MORTGAGE FORECLOSURE ACTION  BY  THE  OWNER
AND  HOLDER  OF  THE  SUBJECT  MORTGAGE  AND  NOTE.  NOTWITHSTANDING THE
PROVISIONS OF SUBDIVISION (E) OF RULE THIRTY-TWO HUNDRED ELEVEN  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2011-A629A - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302, add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11465
2013-2014: A1000

2011-A629A - Summary

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

2011-A629A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 629--A
                                                         Cal. No. 46

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE,
  M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI -- read once  and
  referred  to  the  Committee  on Judiciary -- reported from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to standing to commence an action to foreclose a mortgage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 1302 of the real property actions
and proceedings law, as amended by chapter 472 of the laws of  2008,  is
amended to read as follows:
  1.  Any  complaint  served  in a proceeding initiated pursuant to this
article relating to a high-cost home loan or a subprime  home  loan,  as
such  terms  are  defined in section six-l and six-m of the banking law,
respectively, must contain an affirmative allegation that  at  the  time
the proceeding is commenced, the plaintiff[:
  (a)  is  the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure  action
by the owner and holder of the subject mortgage and note; and
  (b)]  has  complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and  regulations  promul-
gated  thereunder, section six-l or six-m of the banking law, and SUBDI-
VISION TWO OF  SECTION  THIRTEEN  HUNDRED  TWO-A  AND  section  thirteen
hundred four of this article.
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1302-a to read as follows:
  S 1302-A. STANDING TO COMMENCE AN ACTION.  1.  NO  PERSON  SHALL  HAVE
STANDING TO COMMENCE AN ACTION PURSUANT TO THIS ARTICLE UNLESS IT IS THE
OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE, OR HAS BEEN DELEGATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2011-A629B - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302, add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11465
2013-2014: A1000

2011-A629B - Summary

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

2011-A629B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 629--B
                                                         Cal. No. 46

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE,
  M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, SCHIMEL --  read
  once  and  referred  to  the  Committee  on Judiciary -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading -- again amended  on
  third  reading, ordered reprinted, retaining its place on the order of
  third reading

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to standing to commence an action to foreclose a mortgage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1302 of the real property  actions
and  proceedings  law, as amended by chapter 472 of the laws of 2008, is
amended to read as follows:
  1. Any complaint served in a proceeding  initiated  pursuant  to  this
article  relating  to  a high-cost home loan or a subprime home loan, as
such terms are defined in section six-l and six-m of  the  banking  law,
respectively,  must  contain  an affirmative allegation that at the time
the proceeding is commenced, the plaintiff[:
  (a) is the owner and holder of the subject mortgage and note,  or  has
been  delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note; and
  (b)] has complied with all of the provisions of section  five  hundred
ninety-five-a  of  the banking law and any rules and regulations promul-
gated thereunder, section six-l or six-m of the banking law, and  SUBDI-
VISION  TWO  OF  SECTION  THIRTEEN  HUNDRED  TWO-A  AND section thirteen
hundred four of this article.
  S 2. The real property actions  and  proceedings  law  is  amended  by
adding a new section 1302-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2011-A629C - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302, add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11465
2013-2014: A1000

2011-A629C - Summary

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

2011-A629C - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 629--C
                                                         Cal. No. 36

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE,
  M. MILLER, ROBINSON, V. LOPEZ  --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  SCHIMEL -- read once and referred to the Committee on Judi-
  ciary -- reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing -- again amended on third reading,  ordered  reprinted,  retaining
  its  place  on  the  order  of third reading -- again amended on third
  reading, ordered reprinted, retaining its place on the order of  third
  reading

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to standing to commence an action to foreclose a mortgage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 1302 of the real property actions
and proceedings law, as amended by chapter 472 of the laws of  2008,  is
amended to read as follows:
  1.  Any  complaint  served  in a proceeding initiated pursuant to this
article relating to a high-cost home loan or a subprime  home  loan,  as
such  terms  are  defined in section six-l and six-m of the banking law,
respectively, must contain an affirmative allegation that  at  the  time
the proceeding is commenced, the plaintiff[:
  (a)  is  the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure  action
by the owner and holder of the subject mortgage and note; and
  (b)]  has  complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and  regulations  promul-
gated  thereunder, section six-l or six-m of the banking law, and SUBDI-
VISION TWO OF  SECTION  THIRTEEN  HUNDRED  TWO-A  AND  section  thirteen
hundred four of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2011-A629D (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302, add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11465
2013-2014: A1000

2011-A629D (ACTIVE) - Summary

Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

2011-A629D (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 629--D
                                                         Cal. No. 36

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE,
  M. MILLER,  ROBINSON,  V. LOPEZ,  WEPRIN,  ROSENTHAL,  ENGLEBRIGHT  --
  Multi-Sponsored by -- M. of A. ABINANTI, SCHIMEL, SWEENEY -- read once
  and referred to the Committee on Judiciary -- reported from committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading -- again amended on third reading, ordered reprinted,  retain-
  ing  its place on the order of third reading -- again amended on third
  reading, ordered reprinted, retaining its place on the order of  third
  reading

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to standing to commence an action to foreclose a mortgage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 1302 of the real property actions
and proceedings law, as amended by chapter 472 of the laws of  2008,  is
amended to read as follows:
  1.  Any  complaint  served  in a proceeding initiated pursuant to this
article relating to a high-cost home loan or a subprime  home  loan,  as
such  terms  are  defined in section six-l and six-m of the banking law,
respectively, must contain an affirmative allegation that  at  the  time
the proceeding is commenced, the plaintiff[:
  (a)  is  the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure  action
by the owner and holder of the subject mortgage and note; and
  (b)]  has  complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and  regulations  promul-
gated  thereunder, section six-l or six-m of the banking law, and SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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