Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to housing, construction and community development |
Jan 30, 2021 |
referred to housing, construction and community development |
Senate Bill S3734
2021-2022 Legislative Session
Sponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- 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
2021-S3734 (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1304, RPAP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S8777
2023-2024: S1841
2021-S3734 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3734 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to requiring plaintiffs to furnish proof that notice of possi- ble foreclosure was delivered to the defendant PURPOSE: To require plaintiffs to furnish proof that notice of possible foreclo- sure was delivered to defendant in a mortgage foreclosure. SUMMARY OF PROVISIONS: Section 1304 of the real property actions and proceedings law is amended by section 4 of part HH of chapter 58 of the laws of 2018. JUSTIFICATION:
2021-S3734 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3734 2021-2022 Regular Sessions I N S E N A T E January 30, 2021 ___________ Introduced by Sen. COMRIE -- 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, in relation to requiring plaintiffs to furnish proof that notice of possible foreclosure was delivered to the defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1304 of the real property actions and proceedings law, as amended by section 4 of part HH of chapter 58 of the laws of 2018, is amended to read as follows: 2. The notices required by this section shall be sent by such lender, assignee (including purchasing investor) or mortgage loan servicer to the borrower, by registered or certified mail and also by first-class mail WITH A REQUEST FOR OFFICIAL PROOF OF DELIVERY, to the last known address of the borrower, and to the residence that is the subject of the mortgage. The notices required by this section shall be sent by the lender, assignee or mortgage loan servicer in a separate envelope from any other mailing or notice. Notice is considered given as of the date it is mailed, PROVIDED THAT THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVI- CER IS ABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OF SUCH NOTICE, OR IF ACCEPTANCE WAS REFUSED BY THE BORROWER, THE ORIGINAL ENVELOPE WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IT SHALL BE AN AFFIRMATIVE DEFENSE IN A FORECLOSURE PROCEEDING THAT THE PLAINTIFF IS UNABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OR THE ORIGINAL ENVELOPE WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED, AS REQUIRED BY THIS SUBDIVISION. The notices required by this section shall contain a current list of at least five housing counseling agen- cies serving the county where the property is located from the most recent listing available from department of financial services. The list shall include the counseling agencies' last known addresses and tele- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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