senate Bill S3818

2013-2014 Legislative Session

Requires the provision of notice to mortgagors in default for thirty days or more

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • 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 08, 2014 referred to housing, construction and community development
Feb 21, 2013 referred to housing, construction and community development

S3818 - Details

See Assembly Version of this Bill:
A5009
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง1304-a, RPAP L

S3818 - Summary

Requires the provision of notice to mortgagors in default for thirty days or more regarding assistance and the necessity of maintaining their residences.

S3818 - Sponsor Memo

S3818 - Bill Text download pdf

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

                                  3818

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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 the provision of notice to mortgagors in default
  for thirty days or more

  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. NOTICE TO MORTGAGORS IN DEFAULT FOR THIRTY DAYS OR MORE. 1.
WHEN A MORTGAGOR OF RESIDENTIAL REAL PROPERTY, INCLUDING  OWNER-OCCUPIED
ONE-TO-FOUR-FAMILY  DWELLINGS, DEFAULTS ON SUCH MORTGAGE FOR THIRTY DAYS
OR MORE, THE LENDER, ASSIGNEE OR MORTGAGE LOAN  SERVICER  SHALL  PROVIDE
NOTICE  TO  THE MORTGAGOR REGARDING INFORMATION AND ASSISTANCE ABOUT THE
FORECLOSURE PROCESS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  2. THE NOTICE REQUIRED BY THIS SECTION SHALL BE DELIVERED TO THE MORT-
GAGOR BY REGISTERED OR CERTIFIED MAIL TO  THE  RESIDENCE  WHICH  IS  THE
SUBJECT  OF THE MORTGAGE NO LATER THAN FORTY-FIVE DAYS AFTER THE MORTGA-
GOR DEFAULTS ON HIS OR HER MORTGAGE. THE NOTICE REQUIRED BY THIS SECTION
SHALL BE IN BOLD, FOURTEEN-POINT TYPE AND SHALL BE  PRINTED  ON  COLORED
PAPER THAT IS OTHER THAN THE COLOR OF ANY ADDITIONAL LETTER ACCOMPANYING
THE  NOTICE.  THE  TITLE OF THE NOTICE SHALL BE BOLD, TWENTY-POINT TYPE.
THE NOTICE SHALL BE ON ITS OWN PAGE.
  3. THE NOTICE SHALL LIST THE NAME AND CONTACT INFORMATION FOR NO  LESS
THAN  ONE  LEGAL SERVICE PROVIDER THAT IS APPROVED BY THE NEW YORK STATE
ATTORNEY GENERAL THAT IS LOCATED WITHIN THE COUNTY WHERE SUCH  MORTGAGED
RESIDENTIAL REAL PROPERTY IS LOCATED. THE NOTICE SHALL LIST THE NAME AND
CONTACT INFORMATION FOR NO LESS THAN ONE HOUSING COUNSELOR LOCATED WITH-
IN THE COUNTY OF THE MORTGAGOR AND APPROVED BY THE NEW YORK STATE ATTOR-
NEY GENERAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08050-02-3

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