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Assembly Bill A8559B

2015-2016 Legislative Session

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the conclusion of the foreclosure action

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Archive: Last Bill Status - On Floor Calendar

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A8559 - Details

See Senate Version of this Bill:
S6656
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L

2015-A8559 - Summary

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

2015-A8559 - Bill Text download pdf 

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

                                  8559

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2015
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to providing notice to a homeowner whose  property  is  being
  foreclosed  that  they  do  not have to abandon the property until the
  foreclosure process is complete

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

  Section  1. Subdivision 3 of section 1303 of the real property actions
and proceedings law, as amended by chapter 507 of the laws of  2009  and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  PLEASE NOTE:   YOU LEGALLY OWN YOUR PROPERTY UNTIL THE DAY OF THE
FORECLOSURE SALE AND MAY REMAIN THERE UNTIL THIS TIME. IF  YOU  LIVE  IN
THE  PROPERTY  BEING  FORECLOSED  UPON, YOU ARE ENTITLED TO A SETTLEMENT
CONFERENCE TO HELP YOU TO TRY AND SAVE YOUR HOME.
  Please read the summons and complaint carefully. You should immediate-
ly contact an attorney or your local legal aid office to  obtain  advice
on how to protect yourself.
Sources of Information and Assistance
  The  State  encourages  you  to  become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and  non-profit  organizations

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11954-03-5

co-Sponsors

multi-Sponsors

2015-A8559A - Details

See Senate Version of this Bill:
S6656
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L

2015-A8559A - Summary

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

2015-A8559A - Bill Text download pdf 

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

                                 8559--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2015
                               ___________

Introduced  by  M. of A. KEARNS, ABINANTI, GOTTFRIED, CERETTO, DiPIETRO,
  McDONOUGH, SKOUFIS, JAFFEE, TEDISCO,  SIMON,  COLTON,  PEOPLES-STOKES,
  FAHY,  McDONALD,  CORWIN,  SANTABARBARA,  ORTIZ,  JEAN-PIERRE, HOOPER,
  ROBINSON, HYNDMAN, BICHOTTE, MOSLEY, GIGLIO, RICHARDSON, MAGNARELLI --
  Multi-Sponsored by -- M.  of  A.  GALEF,  HAWLEY,  MAGEE,  McLAUGHLIN,
  RAMOS,  STECK  -- read once and referred to the Committee on Judiciary
  -- recommitted to the Committee on Judiciary in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to providing notice to a homeowner whose  property  is  being
  foreclosed  that  they  do  not have to abandon the property until the
  foreclosure process is complete

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

  Section  1. Subdivision 3 of section 1303 of the real property actions
and proceedings law, as amended by chapter 507 of the laws of  2009  and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  PLEASE  NOTE: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL YOU
RECEIVE A COURT ORDER TELLING YOU TO LEAVE THE PROPERTY. THIS IS NOT  AN
EVICTION NOTICE AND YOU STILL HAVE THE RIGHT TO REMAIN IN THE HOME UNTIL
A COURT ORDERS YOU TO LEAVE. YOU LEGALLY REMAIN THE THE OWNER OF AND ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11954-04-6

co-Sponsors

multi-Sponsors

2015-A8559B (ACTIVE) - Details

See Senate Version of this Bill:
S6656
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L

2015-A8559B (ACTIVE) - Summary

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

2015-A8559B (ACTIVE) - Bill Text download pdf 

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

                                 8559--B
                                                        Cal. No. 797

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2015
                               ___________

Introduced  by  M. of A. KEARNS, ABINANTI, GOTTFRIED, CERETTO, DiPIETRO,
  McDONOUGH, SKOUFIS, JAFFEE, TEDISCO,  SIMON,  COLTON,  PEOPLES-STOKES,
  FAHY,  McDONALD,  CORWIN,  SANTABARBARA,  ORTIZ,  JEAN-PIERRE, HOOPER,
  ROBINSON, HYNDMAN, BICHOTTE, MOSLEY, GIGLIO,  RICHARDSON,  MAGNARELLI,
  SEPULVEDA  --  Multi-Sponsored  by  --  M. of A. GALEF, HAWLEY, MAGEE,
  McLAUGHLIN, RAMOS, STECK -- read once and referred to the Committee on
  Judiciary -- recommitted to the Committee on Judiciary  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  providing  notice to a homeowner whose property is being
  foreclosed that they do not have to abandon  the  property  until  the
  foreclosure process is complete

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

  Section 1. Subdivision 3 of section 1303 of the real property  actions
and  proceedings  law, as amended by chapter 507 of the laws of 2009 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
  3. The notice to any mortgagor required by paragraph (a)  of  subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New  York  State  Law  requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
  You are in danger of losing your home. If you fail to respond  to  the
summons  and  complaint  in  this  foreclosure action, you may lose your
home. PLEASE NOTE: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME  UNTIL  YOU
RECEIVE  A COURT ORDER TELLING YOU TO LEAVE THE PROPERTY. THIS IS NOT AN

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

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