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

Sponsored By

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2018 referred to housing, construction and community development

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) - 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.

S7693 (ACTIVE) - Sponsor Memo

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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