assembly Bill A5582A

Signed By Governor
2013-2014 Legislative Session

Provides for the filing of a certificate of merit in certain residential foreclosure actions

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.306
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1643
substituted for s4530a
committed to rules
returned to senate
repassed assembly
Jun 17, 2013 amended on third reading 5582a
vote reconsidered - restored to third reading
Jun 17, 2013 returned to assembly
recalled from senate
May 22, 2013 referred to judiciary
delivered to senate
passed assembly
Mar 14, 2013 advanced to third reading cal.109
Mar 12, 2013 reported
Mar 04, 2013 referred to judiciary

Co-Sponsors

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Multi-Sponsors

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A5582 - Details

See Senate Version of this Bill:
S4530A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §3012-b, amd R3408, CPLR & Department of Law
Versions Introduced in 2011-2012 Legislative Session:
A10395

A5582 - Summary

Provides for the filing of a certificate of merit in any residential foreclosure action involving a home loan in which the defendant is a resident of the property subject to the foreclosure.

A5582 - Bill Text download pdf

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

                                  5582

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, ROBINSON, COLTON, PERRY -- Multi-Spon-
  sored  by -- M. of A.  CLARK, GALEF, GOTTFRIED, JAFFEE, LENTOL, MARKEY
  -- (at request of the Office  of  Court  Administration)  --  (at  the
  request  of  the  Department  of Law) -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation  to  resi-
  dential foreclosure actions

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

  Section 1. The civil practice law and rules is amended by adding a new
section 3012-b to read as follows:
  S 3012-B. CERTIFICATE OF  MERIT  IN  CERTAIN  RESIDENTIAL  FORECLOSURE
ACTIONS.  (A)  IN  ANY  RESIDENTIAL  FORECLOSURE ACTION INVOLVING A HOME
LOAN, AS SUCH TERM IS DEFINED IN SECTION THIRTEEN HUNDRED  FOUR  OF  THE
REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW, IN WHICH THE DEFENDANT IS A
RESIDENT OF THE PROPERTY SUBJECT TO FORECLOSURE, THE COMPLAINT SHALL  BE
ACCOMPANIED  BY  A  CERTIFICATE, EXECUTED BY THE ATTORNEY FOR THE PLAIN-
TIFF, CERTIFYING THAT THE ATTORNEY HAS REVIEWED THE FACTS  OF  THE  CASE
AND  THAT,  BASED ON CONSULTATION WITH AUTHORIZED REPRESENTATIVES OF THE
PLAINTIFF AND THE ATTORNEY'S REVIEW OF  PERTINENT  DOCUMENTS,  INCLUDING
THE  MORTGAGE,  SECURITY AGREEMENT AND NOTE OR BOND UNDERLYING THE MORT-
GAGE EXECUTED BY  THE  RESIDENTIAL  DEFENDANT  AND  ALL  INSTRUMENTS  OF
ASSIGNMENT,  IF ANY, OR ANY OTHER INSTRUMENT OF INDEBTEDNESS, THERE IS A
REASONABLE BASIS FOR THE COMMENCEMENT OF SUCH ACTION AND THAT THE PLAIN-
TIFF IS CURRENTLY THE CREDITOR ENTITLED TO  ENFORCE  RIGHTS  UNDER  SUCH
DOCUMENTS. SUCH CERTIFICATE SHALL ATTACH A COPY OF THE MORTGAGE, SECURI-
TY  AGREEMENT  AND  NOTE OR BOND UNDERLYING THE MORTGAGE EXECUTED BY THE
RESIDENTIAL DEFENDANT AND ALL INSTRUMENTS OF ASSIGNMENT.
  (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
CERTIFICATE SHALL BE FILED FOR EACH ACTION EVEN IF MORE THAN ONE DEFEND-
ANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD08975-01-3

Co-Sponsors

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Multi-Sponsors

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A5582A (ACTIVE) - Details

See Senate Version of this Bill:
S4530A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §3012-b, amd R3408, CPLR & Department of Law
Versions Introduced in 2011-2012 Legislative Session:
A10395

A5582A (ACTIVE) - Summary

Provides for the filing of a certificate of merit in any residential foreclosure action involving a home loan in which the defendant is a resident of the property subject to the foreclosure.

A5582A (ACTIVE) - Bill Text download pdf

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

                                 5582--A
                                                        Cal. No. 109

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by  M.  of A. WEINSTEIN, ROBINSON, COLTON, PERRY, O'DONNELL,
  STEVENSON, BARRETT, STECK, CRESPO, McDONALD, FAHY  --  Multi-Sponsored
  by  --  M.  of  A.  CLARK,  GALEF,  GOTTFRIED, JAFFEE, LENTOL, MARKEY,
  PEOPLES-STOKES, SCHIMEL, WRIGHT -- (at request of the Office of  Court
  Administration)  -- (at request of the Department of Law) -- read once
  and referred to the Committee on Judiciary -- passed by  Assembly  and
  delivered  to the Senate, recalled from the Senate, vote reconsidered,
  bill amended, ordered reprinted, retaining its place on the  order  of
  third reading

AN  ACT  to amend the civil practice law and rules, in relation to resi-
  dential foreclosure actions

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

  Section 1. The civil practice law and rules is amended by adding a new
section 3012-b to read as follows:
  S  3012-B.  CERTIFICATE  OF  MERIT  IN CERTAIN RESIDENTIAL FORECLOSURE
ACTIONS. (A) IN ANY RESIDENTIAL  FORECLOSURE  ACTION  INVOLVING  A  HOME
LOAN,  AS  SUCH  TERM IS DEFINED IN SECTION THIRTEEN HUNDRED FOUR OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN WHICH THE DEFENDANT  IS  A
RESIDENT  OF THE PROPERTY WHICH IS SUBJECT TO FORECLOSURE, THE COMPLAINT
SHALL BE ACCOMPANIED BY A CERTIFICATE, SIGNED BY THE  ATTORNEY  FOR  THE
PLAINTIFF,  CERTIFYING  THAT  THE ATTORNEY HAS REVIEWED THE FACTS OF THE
CASE AND THAT, BASED ON CONSULTATION WITH REPRESENTATIVES OF THE  PLAIN-
TIFF  IDENTIFIED  IN THE CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTI-
NENT DOCUMENTS, INCLUDING THE MORTGAGE, SECURITY AGREEMENT AND  NOTE  OR
BOND  UNDERLYING  THE MORTGAGE EXECUTED BY DEFENDANT AND ALL INSTRUMENTS
OF ASSIGNMENT, IF ANY, AND ANY OTHER INSTRUMENT OF INDEBTEDNESS  INCLUD-
ING  ANY MODIFICATION, EXTENSION, AND CONSOLIDATION, TO THE BEST OF SUCH
ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A REASONABLE BASIS
FOR THE COMMENCEMENT OF SUCH ACTION AND THAT THE PLAINTIFF IS  CURRENTLY
THE  CREDITOR  ENTITLED  TO ENFORCE RIGHTS UNDER SUCH DOCUMENTS.  IF NOT

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