The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD14602-01-8

S. 7693                             2

separately without material injury to the parties interested, be sold by
or under the direction of the sheriff of the county, or a referee within
ninety days of the date of the judgment. THE JUDGMENT 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.
  § 3. Subdivision (b) of rule 6511 of the civil practice law and rules,
such  rule  as renumbered by chapter 318 of the laws of 1962, is amended
to read as follows:
  (b) Content; designation of index. A notice of  pendency  shall  state
the names of the parties to the action, INCLUDING THE NAME AND TELEPHONE
NUMBER  OF  THE  MORTGAGE  SERVICER  FOR A FORECLOSING PARTY INVOLVING A
MORTGAGE FORECLOSURE OF A ONE- TO FOUR-FAMILY RESIDENTIAL PROPERTY,  the
object  of  the  action  and  a  description of the property affected. A
notice of pendency filed with a clerk who maintains a block index  shall
contain a designation of the number of each block on the land map of the
county  which  is affected by the notice. Except in an action for parti-
tion a notice of pendency filed with a clerk who  does  not  maintain  a
block  index  shall contain a designation of the names of each defendant
against whom the notice is directed to be indexed.
  § 4. This act shall take effect immediately.