Senate Bill S5370

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5370
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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
   county law, in  relation  to  representation  of  certain  persons  in
   private residential foreclosure actions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 1308-a to read as follows:
   § 1308-A. ASSIGNMENT OF COUNSEL. A HOMEOWNER IN A  FORECLOSURE  ACTION
 WHO  IS  FINANCIALLY UNABLE TO OBTAIN COUNSEL FOR REPRESENTATION IN SUCH
 ACTION SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT.   ASSIGNMENT
 OF COUNSEL ISSUED UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN
 ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   §  2.  Subdivision  3 of section 1303 of the real property actions and
 proceedings law, as amended by section 5 of part Q of chapter 73 of  the
 laws of 2016, is amended to read as follows:
   3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
 sion one of this section shall appear as follows:
                    Help for Homeowners in Foreclosure
   New York State Law requires that we send you  this  notice  about  the
 foreclosure process. Please read it carefully.
 Summons and Complaint
   You  are  in danger of losing your home. If you fail to respond to the
 summons and complaint in this foreclosure  action,  you  may  lose  your
 home.  Please read the summons and complaint carefully. You should imme-
 diately contact an attorney or your local legal  aid  office  to  obtain
 advice on how to protect yourself.
 Sources of Information and Assistance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09444-01-9
              

 S. 5370                             2
 
   The  State  encourages  you  to  become informed about your options in
 foreclosure. In addition to seeking assistance from an attorney or legal
 aid office, there are government agencies and  non-profit  organizations
 that  you  may contact for information about possible options, including
 trying to work with your lender during this process. YOU MAY BE ENTITLED
 TO  ASSIGNED  COUNSEL  IF YOU ARE FINANCIALLY UNABLE TO OBTAIN REPRESEN-
 TATION.
   To locate an entity near you, you  may  call  the  toll-free  helpline
 maintained  by  the  New  York State Department of Financial Services at
 (enter number) or visit the Department's website at (enter web address).
   Rights and Obligations
 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
 to stay in your  home  during  the  foreclosure  process.  You  are  not
 required  to  leave  your home unless and until your property is sold at
 auction pursuant to a judgment of foreclosure and sale.
 Regardless of whether you  choose  to  remain  in  your  home,  YOU  ARE
 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
 ance with state and local law.
 Foreclosure rescue scams
   Be careful of people who approach you with offers to "save" your home.
 There  are  individuals  who watch for notices of foreclosure actions in
 order to unfairly profit from a  homeowner's  distress.  You  should  be
 extremely  careful  about any such promises and any suggestions that you
 pay them a fee or sign over your deed. State law requires anyone  offer-
 ing  such  services  for  profit  to  enter  into a contract which fully
 describes the services they will perform and fees they will charge,  and
 which  prohibits  them  from  taking  any money from you until they have
 completed all such promised services.
   § 3. The article heading of article 18-B of the county law, as amended
 by chapter 682 of the laws of 1977, is amended to read as follows:
      REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
        FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN FORECLOSURE
                                  ACTIONS
   § 4. The opening paragraph of  section  722  of  the  county  law,  as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   The  governing  body of each county and the governing body of the city
 in which a county is wholly contained shall place in operation  through-
 out  the  county  a plan for providing counsel to persons charged with a
 crime or who are entitled to counsel pursuant  to  section  two  hundred
 sixty-two  or  section  eleven  hundred  twenty of the family court act,
 article six-C of the correction law, section four hundred seven  of  the
 surrogate's  court procedure act [or], article ten of the mental hygiene
 law OR SECTION THIRTEEN HUNDRED EIGHT-A OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW, who are financially unable to obtain counsel. Each plan
 shall also provide for investigative, expert and other  services  neces-
 sary  for  an  adequate  defense.  The  plan shall conform to one of the
 following:
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.