assembly Bill A11075

2017-2018 Legislative Session

Relates to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action on certain documents pertaining to such action

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2018 referred to judiciary

A11075 (ACTIVE) - Details

See Senate Version of this Bill:
S7693
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§1321 & 1351, RPAP L; amd R6511, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A6976, S4190

A11075 (ACTIVE) - Summary

Relates to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action involving a one- to four-family residential property on certain documents pertaining to such action.

A11075 (ACTIVE) - Bill Text download pdf


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

                                  11075

                          I N  A S S E M B L Y

                              June 4, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
  read once and referred to the Committee on Judiciary

AN ACT to amend the real property actions and proceedings  law  and  the
  civil  practice  law  and rules, in relation to including the name and
  telephone number of the mortgage servicer for a plaintiff in  a  mort-
  gage foreclosure action on certain documents pertaining to such action

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

  Section 1. Subdivision 1 of section 1321 of the real property  actions
and  proceedings  law,  as  added by chapter 312 of the laws of 1962, is
amended to read as follows:
  1. If the defendant fails to answer within the  time  allowed  or  the
right  of  the  plaintiff  is admitted by the answer, upon motion of the
plaintiff, the court shall ascertain and determine the  amount  due,  or
direct  a referee to compute the amount due to the plaintiff and to such
of the defendants as are prior incumbrancers of the mortgaged  premises,
and  to examine and report whether the mortgaged premises can be sold in
parcels and, if the whole amount secured by the mortgage has not  become
due,  to report the amount thereafter to become due. Where the defendant
is an infant, and has put in a general answer by his guardian, or if any
of the defendants be absentees, the order of reference also shall direct
the referee to take proof of the facts and circumstances stated  in  the
complaint  and to examine the plaintiff or his agent, on oath, as to any
payments which have been made. THE ORDER OF REFERENCE SHALL ALSO INCLUDE
THE NAME AND TELEPHONE NUMBER OF THE MORTGAGE SERVICER FOR  A  PLAINTIFF
INVOLVING  A  MORTGAGE  FORECLOSURE OF A ONE- TO FOUR-FAMILY RESIDENTIAL
PROPERTY.
  § 2. Subdivision 1 of section 1351 of the real  property  actions  and
proceedings  law, as amended by section 8 of part Q of chapter 73 of the
laws of 2016, is amended to read as follows:
  1. The judgment shall direct that the mortgaged premises, or  so  much
thereof  as  may  be  sufficient  to  discharge  the  mortgage debt, the
expenses of the sale and the costs of the action, and which may be  sold
separately without material injury to the parties interested, be sold by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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