Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 08, 2018 | referred to housing, construction and community development |
senate Bill S7693
2017-2018 Legislative Session
Sponsored By
Timothy M. Kennedy
(D, IP, WF) 63rd Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
S7693 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11075
- Current Committee:
- Senate Housing, Construction And Community Development
- 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:
-
S4190, A6976
S7693 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7693 SPONSOR: KENNEDY TITLE OF BILL: 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 mortgage foreclosure action on certain documents pertain- ing to such action PURPOSE: The purpose of this bill is to require the loan servicer's name and phone number be included at multiple points in mortgage foreclosure proceedings. SUMMARY OF PROVISIONS: Section 1 amends section 1321 of the real property actions and proceedings law to have the name and telephone number of the mortgage servicer added to the order of reference for plaintiffs who are involved in a mortgage foreclosure of a one- to four-family residential property.
S7693 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7693 I N S E N A T E February 8, 2018 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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