assembly Bill A1310

2011-2012 Legislative Session

Provides for legal representation in certain mortgage foreclosure actions

download bill text pdf

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Archive: Last Bill Status - In Assembly 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
Jan 05, 2011 referred to housing

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Multi-Sponsors

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A1310 (ACTIVE) - Details

See Senate Version of this Bill:
S3261
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: A4193, S1723
2015-2016: A2490, S3751
2017-2018: A1608
2019-2020: A5231

A1310 (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.

A1310 (ACTIVE) - Bill Text download pdf

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

                                  1310

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Housing

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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