|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 28, 2020||committed to rules|
|Feb 13, 2020||advanced to third reading|
|Feb 12, 2020||2nd report cal.|
|Feb 11, 2020||1st report cal.416|
|Jan 08, 2020||referred to housing, construction and community development|
|Jun 20, 2019||committed to rules|
|May 13, 2019||advanced to third reading|
|May 08, 2019||2nd report cal.|
|May 07, 2019||1st report cal.644|
|Feb 04, 2019||referred to housing, construction and community development|
senate Bill S3216
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3216 (ACTIVE) - Details
S3216 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3216 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to foreclosure of mortgages SUMMARY OF PROVISIONS OF BILL: Section 1: Amends section 1302 of RPAPL to require that foreclosing plaintiffs plead ownership of the note and mortgage applicable to all homeowners instead of limited to only homeowners with subprime and high- cost home loans. It also ensures that RPAPL 1302 defenses are applicable to all homeown- ers instead of limited to just homeowners with subprime and high-cost home loans. Section 2: Sets the effective date on the first of January after it shall have become law.
S3216 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3216 2019-2020 Regular Sessions I N S E N A T E February 4, 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, in relation to foreclosure of mortgages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: § 1302. Foreclosure of [high-cost home loans and subprime home loans] MORTGAGES. 1. Any complaint served in a proceeding initiated pursuant to this article [relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the bank- ing law, respectively,] must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b) has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and section thirteen hundred four of this article. 2. It shall be a defense to an action to foreclose a mortgage [for a high-cost home loan or subprime home loan] that the terms of the home loan or the actions of the lender violate any provision of section six-l or six-m of the banking law or section thirteen hundred four of this article. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law and shall apply to actions commenced on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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