senate Bill S4530A

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5582 - Signed by Governor


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

do you support this bill?

Actions

view actions (12)
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
Jun 21, 2013 substituted by a5582a
ordered to third reading cal.1643
committee discharged and committed to rules
Jun 14, 2013 print number 4530a
amend and recommit to judiciary
Apr 08, 2013 referred to judiciary

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S4530 - Details

See Assembly Version of this Bill:
A5582A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §3012-b, amd R3408, CPLR

S4530 - 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.

S4530 - Sponsor Memo

S4530 - Bill Text download pdf

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

                                  4530

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by Sen. KLEIN -- (at request of the Office of Court Adminis-
  tration) -- (at the request of the Department of Law)  --  read  twice
  and ordered printed, and when printed to be committed 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.
S                                                          LBD08975-01-3

Co-Sponsors

view additional co-sponsors

S4530A (ACTIVE) - Details

See Assembly Version of this Bill:
A5582A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §3012-b, amd R3408, CPLR

S4530A (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.

S4530A (ACTIVE) - Sponsor Memo

S4530A (ACTIVE) - Bill Text download pdf

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

                                 4530--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sens.  KLEIN, AVELLA, GOLDEN, HASSELL-THOMPSON, KENNEDY,
  LANZA, LATIMER, PARKER, PERALTA, TKACZYK -- (at request of the  Office
  of  Court  Administration) -- (at request of the Department of Law) --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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
ATTACHED TO THE SUMMONS AND COMPLAINT IN THE ACTION, A COPY OF THE MORT-
GAGE,  SECURITY  AGREEMENT  AND  NOTE  OR  BOND  UNDERLYING THE MORTGAGE
EXECUTED BY DEFENDANT AND ALL INSTRUMENTS OF ASSIGNMENT, IF ANY, AND ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD08975-10-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.