assembly Bill A7737

2021-2022 Legislative Session

Relates to the rights of parties involved in foreclosure actions

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (15)
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

A7737 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737 - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

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

view additional co-sponsors

A7737A - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737A - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

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

view additional co-sponsors

A7737B (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737B (ACTIVE) - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

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.