assembly Bill A3081

Signed By Governor
2021-2022 Legislative Session

Relates to prohibiting the registration of mortgages in default prior to the filing of a notice of pendency

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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2022 signed chap.600
delivered to governor
May 24, 2022 returned to assembly
passed senate
3rd reading cal.1179
substituted for s3933
May 05, 2022 referred to judiciary
delivered to senate
passed assembly
Jan 05, 2022 ordered to third reading cal.113
Jun 02, 2021 ordered to third reading rules cal.299
rules report cal.299
reported
May 26, 2021 reported referred to rules
Jan 22, 2021 referred to judiciary

A3081 (ACTIVE) - Details

See Senate Version of this Bill:
S3933
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1393, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
A10898, S8915

A3081 (ACTIVE) - Summary

Prohibits the registration of mortgages in default prior to the filing of a notice of pendency.

A3081 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3081
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to prohibiting the registration of mortgages in default prior
   to the filing of a notice of pendency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 1393 to read as follows:
   § 1393. MORTGAGES IN DEFAULT. 1. NO LOCAL LAW, ORDINANCE OR RESOLUTION
 SHALL ALLOW FOR THE REGISTRATION OF  RESIDENTIAL  MORTGAGES  IN  DEFAULT
 PRIOR TO A MORTGAGEE FILING A NOTICE OF PENDENCY IN A COURT OF COMPETENT
 JURISDICTION.
   2. NO SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL REQUIRE A HOMEOWN-
 ER OR OCCUPANT TO REGISTER.
   3.  ANY  LOCAL LAW, ORDINANCE OR RESOLUTION THAT ALLOWS FOR THE REGIS-
 TRATION OF RESIDENTIAL MORTGAGES IN DEFAULT MAY  IMPOSE  A  REGISTRATION
 FEE  NOT EXCEEDING SEVENTY-FIVE DOLLARS ANNUALLY. A MORTGAGEE AND/OR ITS
 AGENTS ARE PROHIBITED FROM PASSING ALONG SUCH FEES TO THE  MORTGAGOR  IN
 DEFAULT.
   4.  FOR THE PURPOSES OF THIS SECTION, A MORTGAGE DEFAULT OCCURS WHEN A
 MORTGAGOR FAILS TO FULFILL ITS OBLIGATIONS UNDER A MORTGAGE AGREEMENT.
   5. "REGISTRATION" SHALL MEAN THE COLLECTION, PUBLICATION  OR  POSTING,
 PUBLIC  OR  OTHERWISE,  OF  RESIDENTIAL  MORTGAGES IN DEFAULT BY A LOCAL
 GOVERNING BODY OR AN AGENCY THEREOF,  OR  ANY  THIRD-PARTY  ENTITY  THAT
 CONTRACTS WITH SUCH LOCAL GOVERNING BODY.
   6.  "NOTICE  OF  PENDENCY"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SECTION SIXTY-FIVE HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES.
   7. A LOCAL GOVERNING BODY, THROUGH A LOCAL LAW,  ORDINANCE  OR  RESOL-
 UTION,  MAY  IMPOSE  A  FINE  ON A MORTGAGEE FOR NONCOMPLIANCE WITH THIS
 SECTION OR ANY LOCAL LAW, ORDINANCE OR RESOLUTION THAT  ALLOWS  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.