assembly Bill A6976

2019-2020 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

Current Bill Status Via S4190 - Passed Senate & Assembly

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2020 returned to senate
passed assembly
ordered to third reading rules cal.234
substituted for a6976
Jul 21, 2020 substituted by s4190
rules report cal.234
reported
Jul 14, 2020 reported referred to rules
Jan 08, 2020 referred to judiciary
Mar 29, 2019 referred to judiciary

Votes

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Jul 21, 2020 - floor Vote

S4190
60
0
floor
60
Aye
0
Nay
0
Absent
0
Excused
0
Abstained
show floor vote details

Floor Vote: Jul 21, 2020

aye (60)

Feb 11, 2020 - Housing, Construction and Community Development committee Vote

S4190
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 11, 2020

aye (11)

Mar 12, 2019 - Housing, Construction and Community Development committee Vote

S4190
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 12, 2019

aye (9)
excused (1)

Co-Sponsors

A6976 (ACTIVE) - Details

See Senate Version of this Bill:
S4190
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§1321 & 1351, RPAP L; amd R6511, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A11075, S7693

A6976 (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.

A6976 (ACTIVE) - Bill Text download pdf 

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6976
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Judiciary
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00376-01-9