S T A T E O F N E W Y O R K
________________________________________________________________________
4193
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. MOSLEY, JAFFEE, COOK, MILLMAN, ROSENTHAL, CAHILL,
BENEDETTO, BROOK-KRASNY, COLTON, ROZIC, JACOBS -- Multi-Sponsored by
-- M. of A. GLICK, MAISEL, WEISENBERG -- read once and referred to the
Committee 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 and as
further amended by section 104 of part A of chapter 62 of the laws of
2011, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05007-01-3
A. 4193 2
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and non-profit organizations
that you may contact for information about possible options, including
trying to work with your lender during this process. YOU MAY BE ENTI-
TLED TO ASSIGNED COUNSEL IF YOU ARE FINANCIALLY UNABLE TO OBTAIN REPRE-
SENTATION.
To locate an entity near you, you may call the toll-free helpline
maintained by the New York State Department of Financial Services at
(enter number) or visit the Department's website at (enter web address).
Foreclosure rescue scams
Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of foreclosure actions in
order to unfairly profit from a homeowner's distress. You should be
extremely careful about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone offer-
ing such services for profit to enter into a contract which fully
describes the services they will perform and fees they will charge, and
which prohibits them from taking any money from you until they have
completed all such promised services.
S 3. The article heading of article 18-B of the county law, as amended
by chapter 682 of the laws of 1977, is amended to read as follows:
REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN FORECLOSURE
ACTIONS
S 4. The opening paragraph of section 722 of the county law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
The governing body of each county and the governing body of the city
in which a county is wholly contained shall place in operation through-
out the county a plan for providing counsel to persons charged with a
crime or who are entitled to counsel pursuant to section two hundred
sixty-two or section eleven hundred twenty of the family court act,
article six-C of the correction law, section four hundred seven of the
surrogate's court procedure act [or], article ten of the mental hygiene
law OR SECTION THIRTEEN HUNDRED EIGHT OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, who are financially unable to obtain counsel. Each plan
shall also provide for investigative, expert and other services neces-
sary for an adequate defense. The plan shall conform to one of the
following:
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.