|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|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|
senate Bill S4190
Current Bill Status - On Floor Calendar
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4190 (ACTIVE) - Details
S4190 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4190 SPONSOR: KENNEDY TITLE OF BILL: 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 mortgage foreclosure action on certain documents pertain- ing to such action PURPOSE: The purpose of this bill is to require the loan servicer's name and phone number be included at multiple points in mortgage foreclosu re proceedings. SUMMARY OF PROVISIONS: Section 1 amends section 1321 of the real property actions and proceedings law to have the name and telephone number of the mortgage servicer added to the order of reference for plaintiffs who are involved in a mortgage foreclosure of a one- to four-family residenti al proper-
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.
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