|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 04, 2018||referred to judiciary|
assembly Bill A11075
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A11075 (ACTIVE) - Details
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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