senate Bill S4190

Signed By Governor
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 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 11, 2020 signed chap.269
Oct 30, 2020 delivered to governor
Jul 21, 2020 returned to senate
passed assembly
ordered to third reading rules cal.234
substituted for a6976
referred to judiciary
delivered to assembly
passed senate
Feb 13, 2020 advanced to third reading
Feb 12, 2020 2nd report cal.
Feb 11, 2020 1st report cal.417
Jan 08, 2020 referred to housing, construction and community development
Jun 20, 2019 committed to rules
Mar 14, 2019 advanced to third reading
Mar 13, 2019 2nd report cal.
Mar 12, 2019 1st report cal.276
Mar 04, 2019 referred to housing, construction and community development

Votes

view votes

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 Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 11, 2020

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 Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Mar 12, 2019

excused (1)

Co-Sponsors

S4190 (ACTIVE) - Details

See Assembly Version of this Bill:
A6976
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:
S7693, A11075

S4190 (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.

S4190 (ACTIVE) - Sponsor Memo

S4190 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.