senate Bill S3261

2011-2012 Legislative Session

Provides for legal representation in certain mortgage foreclosure actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Feb 15, 2011 referred to housing, construction and community development

Co-Sponsors

S3261 (ACTIVE) - Details

See Assembly Version of this Bill:
A1310
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1308, amd §1303, RPAP L; amd Art 18-B Art head & §722, County L
Versions Introduced in Other Legislative Sessions:
2009-2010: A464
2013-2014: S1723, A4193
2015-2016: S3751, A2490
2017-2018: A1608
2019-2020: A5231

S3261 (ACTIVE) - Summary

Provides for free legal representation in certain mortgage foreclosure actions where the homeowner is financially unable to obtain counsel; requires notice of such availability.

S3261 (ACTIVE) - Sponsor Memo

S3261 (ACTIVE) - Bill Text download pdf

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

                                  3261

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development

AN ACT to amend the real property actions and proceedings  law  and  the
  county  law,  in  relation  to  representation  of  certain persons in
  private residential foreclosure actions

  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 1308 to read as follows:
  S 1308. ASSIGNMENT OF COUNSEL. A HOMEOWNER IN A FORECLOSURE ACTION WHO
IS  FINANCIALLY  UNABLE  TO  OBTAIN  COUNSEL  FOR REPRESENTATION IN SUCH
ACTION SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT.   ASSIGNMENT
OF COUNSEL ISSUED UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN
ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  S  2.  Subdivision  3 of section 1303 of the real property actions and
proceedings law, as amended by chapter 507  of  the  laws  of  2009,  is
amended to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  Please read the summons and complaint carefully. You should imme-
diately contact an attorney or your local legal  aid  office  to  obtain
advice on how to protect yourself.
Sources of Information and Assistance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04676-01-1

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