|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|
senate Bill S315
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S315 - Details
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
BILL NUMBER:S315 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF THE BILL: Requires a signed affidavit prior to the commencement of any foreclosure proceeding. Establishes a class E felony for knowingly violating the provisions of this section. SUMMARY OF PROVISIONS: Section 1. Amends the real property actions and proceedings law by adding a new section, 1304a. Requires a lender, assignee or a mortgage loan servicer to provide the court a signed affidavit that such lender, assignee or mortgage loan servicer has a bond or note secured by a mortgage on such real property. Provides that any person who knowingly violates this section shall be guilty of a class E felony. Section 2. Effective Date EXISTING LAW:
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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