S T A T E   O F   N E W   Y O R K
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                                   4190
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00376-01-9

 S. 4190                             2
 
   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
 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.