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Senate Bill S7693

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2017-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

2017-S7693 (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.

2017-S7693 (ACTIVE) - Sponsor Memo

2017-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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