Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
May 08, 2015 |
referred to judiciary |
Senate Bill S5242
2015-2016 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) 21st Senate District
2015-S5242 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1298
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3408, CPLR
2015-S5242 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5242 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to mandatory settlement conferences in residential foreclosure actions PURPOSE OF BILL: To clarify mandatory settlement conference provisions in residential foreclosure actions. SUMMARY OF PROVISIONS OF BILL Section 1. Subdivisions (a), (c), (e)-(g) of Rule 3408 of the civil practice law and rules (CPLR) are amended and subdivisions (i)-(k) are added to make some clarifications to the mandatory settlement conference provisions in residential foreclosure actions. Subdivision (a) is amended to clarify that all settlement options short of judgments of foreclosure and sale, including loan modifications, short sales and deeds in lieu of foreclosure are encompassed within the purposes of the mandatory settlement conferences in residential foreclo- sure actions and that all such settlement options can be considered during these settlement conferences. Subdivision (c) is amended to clarify that the Plaintiff's represen- tative that appears at the mandatory settlement conferences shall be fully authorized to dispose of the case, and that similar to the plain-
2015-S5242 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5242 2015-2016 Regular Sessions I N S E N A T E May 8, 2015 ___________ Introduced by Sen. SAVINO -- 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 manda- tory settlement conferences in residential foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 3408 of the civil practice law and rules, as added by chapter 472 of the laws of 2008, subdivision (a) as amended by chapter 306 of the laws of 2013, subdivisions (d), (e), (f), (g) and (h) as added by chapter 507 of the laws of 2009, is amended to read as follows: Rule 3408. Mandatory settlement conference in 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, plaintiff shall file proof of service within twenty days of such service, however service is made, and the court shall hold a mandatory conference within sixty days after the date when proof of service upon such defendant is filed with the county clerk, or on such adjourned date as has been agreed to by the parties, for the purpose of holding settlement discussions pertaining to the relative rights and obligations of the parties under the mortgage loan documents, including, but not limited to determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home, and evaluating the potential for a resol- ution in which payment schedules or amounts may be modified or other workout options may be agreed to INCLUDING, BUT NOT LIMITED TO, LOAN MODIFICATIONS, "SHORT SALES" AND "DEEDS IN LIEU OF FORECLOSURE", and for whatever other purposes the court deems appropriate. (b) At the initial conference held pursuant to this section, any defendant currently appearing pro se, shall be deemed to have made a motion to proceed as a poor person under section eleven hundred one of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00119-01-5
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