Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2022 |
returned to assembly passed senate 3rd reading cal.704 substituted for s5473d |
Mar 23, 2022 |
referred to judiciary delivered to senate passed assembly |
Feb 14, 2022 |
amended on third reading (t) 7737b |
Jan 05, 2022 |
ordered to third reading cal.274 |
Jun 07, 2021 |
ordered to third reading rules cal.511 rules report cal.511 reported |
May 26, 2021 |
amend and recommit to rules 7737a |
May 26, 2021 |
reported referred to rules |
May 20, 2021 |
referred to judiciary |
Assembly Bill A7737B
2021-2022 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - Passed Senate & Assembly
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2021-A7737 - Details
2021-A7737 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7737 2021-2022 Regular Sessions I N A S S E M B L Y May 20, 2021 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law and the civil practice law and rules, in relation to the rights of parties involved in foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 1301 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended and a new subdivision 4 is added to read as follows: 3. While the action is pending or after final judgment for the plain- tiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, without leave of the court in which the former action was brought. THIS SUBDIVISION SHALL BE TREATED AS A STAY OR STATUTORY PROHIBITION FOR PURPOSES OF CALCULATING THE TIME WITHIN WHICH AN ACTION SHALL BE COMMENCED PURSUANT TO SECTIONS TWO HUNDRED FOUR AND TWO HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES. 4. IF AN ACTION TO COLLECT ANY PART OF THE MORTGAGE DEBT IS ADJUDI- CATED TO BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS, ANY OTHER ACTION SEEKING TO RECOVER ANY PART OF THE SAME MORTGAGE DEBT SHALL ALSO BE BARRED BY THE STATUTE OF LIMITATIONS. § 2. Rule 3217 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: (E) EFFECT OF DISCONTINUANCE UPON CERTAIN INSTRUMENTS. IN ANY ACTION ON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED THIRTEEN OF THIS CHAPTER IN WHICH THE UNDERLYING INDEBTEDNESS WAS ACCEL- ERATED BY THE COMMENCEMENT OF SUCH ACTION, THE VOLUNTARY DISCONTINUANCE OF SUCH ACTION, WHETHER ON MOTION OR BY STIPULATION, SHALL NOT HAVE THE EFFECT OF REVOKING ACCELERATION UNLESS SUCH DISCONTINUANCE IS EFFECTED WITHIN SIX YEARS OF THE COMMENCEMENT OF THE ACTION AND EXPLICITLY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Stefani Zinerman
Michaelle C. Solages
Rebecca Seawright
William Colton
2021-A7737A - Details
2021-A7737A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7737--A 2021-2022 Regular Sessions I N A S S E M B L Y May 20, 2021 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the real property actions and proceedings law and the civil practice law and rules, in relation to the rights of parties involved in foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 1301 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended and a new subdivision 4 is added to read as follows: 3. While the action is pending or after final judgment for the plain- tiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, without leave of the court in which the former action was brought. THIS SUBDIVISION SHALL NOT BE TREATED AS A STAY OR STATUTORY PROHIBITION FOR PURPOSES OF CALCULATING THE TIME WITHIN WHICH AN ACTION SHALL BE COMMENCED PURSUANT TO SECTIONS TWO HUNDRED FOUR AND TWO HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES. 4. IF AN ACTION TO COLLECT ANY PART OF THE MORTGAGE DEBT IS ADJUDI- CATED TO BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS, ANY OTHER ACTION SEEKING TO RECOVER ANY PART OF THE SAME MORTGAGE DEBT SHALL ALSO BE BARRED BY THE STATUTE OF LIMITATIONS. § 2. Rule 3217 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: (E) EFFECT OF DISCONTINUANCE UPON CERTAIN INSTRUMENTS. IN ANY ACTION ON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED THIRTEEN OF THIS CHAPTER IN WHICH THE UNDERLYING INDEBTEDNESS WAS ACCEL- ERATED BY THE COMMENCEMENT OF SUCH ACTION, THE VOLUNTARY DISCONTINUANCE OF SUCH ACTION, WHETHER ON MOTION OR BY STIPULATION, SHALL NOT HAVE THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Stefani Zinerman
Rebecca Seawright
William Colton
Jo Anne Simon
2021-A7737B (ACTIVE) - Details
2021-A7737B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7737--B Cal. No. 274 2021-2022 Regular Sessions I N A S S E M B L Y May 20, 2021 ___________ Introduced by M. of A. WEINSTEIN, ZINERMAN, SOLAGES, SEAWRIGHT, COLTON, SIMON, ZEBROWSKI, PRETLOW, BURDICK, BRONSON, DAVILA, ENGLEBRIGHT, DINOWITZ, GLICK, SAYEGH -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property actions and proceedings law, the general obligations law and the civil practice law and rules, in relation to the rights of parties involved in actions commenced upon real property related instruments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "foreclosure abuse prevention act". § 2. Subdivision 3 of section 1301 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended and a new subdivision 4 is added to read as follows: 3. While the action is pending or after final judgment for the plain- tiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, INCLUDING AN ACTION TO FORECLOSE THE MORTGAGE, without leave of the court in which the former action was brought. THE PROCUREMENT OF SUCH LEAVE SHALL BE A CONDITION PRECEDENT TO THE COMMENCEMENT OF SUCH OTHER ACTION AND THE FAILURE TO PROCURE SUCH LEAVE SHALL BE A DEFENSE TO SUCH OTHER ACTION. FOR PURPOSES OF THIS SUBDIVISION, IN THE EVENT SUCH OTHER ACTION IS COMMENCED WITHOUT LEAVE OF THE COURT, THE FORMER ACTION SHALL BE DEEMED DISCONTINUED UPON THE COMMENCEMENT OF THE OTHER ACTION, UNLESS PRIOR TO THE ENTRY OF A FINAL JUDGMENT IN SUCH OTHER ACTION, A DEFENDANT RAISES THE FAILURE TO COMPLY WITH THIS CONDITION PRECEDENT THEREIN, OR SEEKS DISMISSAL THEREOF BASED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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