senate Bill S315

2013-2014 Legislative Session

Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court prior to commencing foreclosure proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

S315 - Details

See Assembly Version of this Bill:
A162
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง1304-a, RPAP L
Versions Introduced in 2011-2012 Legislative Session:
S6017, A9109

S315 - Summary

Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court at least thirty days before commencing foreclosure proceedings.

S315 - Sponsor Memo

S315 - Bill Text download pdf

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

                                   315

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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, in
  relation to requiring lenders, assignees and mortgage  loan  servicers
  to  submit  an  affidavit to the court prior to commencing foreclosure
  proceedings

  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 1304-a to read as follows:
  S  1304-A.  REQUIRED AFFIDAVIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AT LEAST THIRTY DAYS BEFORE A LENDER, AN ASSIGNEE OR A  MORTGAGE
LOAN  SERVICER COMMENCES A MORTGAGE FORECLOSURE PROCEEDING, SUCH LENDER,
ASSIGNEE OR MORTGAGE LOAN SERVICER SHALL PROVIDE THE COURT IN WHICH THEY
ARE BRINGING SUCH ACTION, A SIGNED AFFIDAVIT THAT SUCH LENDER,  ASSIGNEE
OR  MORTGAGE  LOAN  SERVICER HAS A BOND OR NOTE SECURED BY A MORTGAGE ON
SUCH REAL PROPERTY.
  2. A FALSE STATEMENT CONTAINED IN SUCH AFFIDAVIT  SHALL  CONSTITUTE  A
VIOLATION  OF  THIS  SECTION.  ANY  PERSON  WHO  KNOWINGLY  VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00967-01-3

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