senate Bill S5473D

2021-2022 Legislative Session

Relates to the rights of parties involved in foreclosure actions

download bill text pdf

Sponsored By

Current Bill Status Via A7737 - 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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 returned to assembly
passed senate
3rd reading cal.704
substituted for s5473d
May 03, 2022 substituted by a7737b
Mar 21, 2022 advanced to third reading
Mar 15, 2022 2nd report cal.
Mar 14, 2022 1st report cal.704
Feb 14, 2022 print number 5473d
Feb 14, 2022 amend (t) and recommit to judiciary
Jan 05, 2022 referred to judiciary
May 28, 2021 print number 5473c
May 28, 2021 amend and recommit to judiciary
May 21, 2021 print number 5473b
May 21, 2021 amend (t) and recommit to judiciary
Apr 28, 2021 print number 5473a
Apr 28, 2021 amend and recommit to judiciary
Mar 08, 2021 referred to judiciary

Co-Sponsors

S5473 - Details

See Assembly Version of this Bill:
A7737
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

S5473 - 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.

S5473 - Sponsor Memo

S5473 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5473
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law  and  rules,  the  general  obli-
   gations  law,  the  real property actions and proceedings law, and the
   real property law, 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. Short title. This act shall be known and may  be  cited  as
 the "Foreclosure Process Abuse Prevention Act".
   §  2.  Section  203  of the civil practice law and rules is amended by
 adding a new subdivision (h) to read as follows:
   (H) CLARIFICATION. ONCE A CAUSE OF ACTION HAS ACCRUED,  NO  PARTY  MAY
 UNILATERALLY  WAIVE,  POSTPONE, CANCEL, OR RESET THE ACCRUAL THEREOF, OR
 OTHERWISE EFFECTUATE A UNILATERAL EXTENSION OF  THE  LIMITATIONS  PERIOD
 PRESCRIBED  BY LAW TO INTERPOSE THE CLAIM, UNLESS EXPRESSLY PERMITTED BY
 LAW.
   § 3. Subdivision (a) of section 205 of  the  civil  practice  law  and
 rules, as amended by chapter 156 of the laws of 2008, is amended to read
 as follows:
   (a)  New  action by plaintiff. If an action is timely commenced and is
 terminated in any other manner than by  a  voluntary  discontinuance,  a
 failure  to obtain personal jurisdiction over the defendant, a dismissal
 of the complaint for [neglect to  prosecute  the  action]  ANY  FORM  OF
 NEGLECT,  INCLUDING  THOSE SPECIFIED IN SUBDIVISION (C) OF SECTION THIR-
 TY-TWO HUNDRED FIFTEEN, AND RULES THIRTY-TWO HUNDRED SIXTEEN  AND  THIR-
 TY-FOUR  HUNDRED  FOUR  OF THIS CHAPTER, OR SECTIONS 202.27 OR 202.48 OF
 PART TWO HUNDRED OF TITLE TWENTY-TWO OF THE NEW YORK CODES,  RULES,  AND
 REGULATIONS,  or  a  final judgment upon the merits, the ORIGINAL plain-
 tiff, or, if the ORIGINAL  plaintiff  dies,  and  the  cause  of  action
 survives,  his  or  her  executor  or  administrator, may commence a new
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5473A - Details

See Assembly Version of this Bill:
A7737
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

S5473A - 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.

S5473A - Sponsor Memo

S5473A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5473--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS, KAVANAGH, SALAZAR, SKOUFIS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  civil practice law and rules, the general obli-
   gations law, the real property actions and proceedings  law,  and  the
   real  property  law,  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.  Short  title. This act shall be known and may be cited as
 the "Foreclosure Process Abuse Prevention Act".
   § 2. Section 203 of the civil practice law and  rules  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H) CLARIFICATION. ONCE A CAUSE OF ACTION UPON AN INSTRUMENT DESCRIBED
 UNDER  SUBDIVISION  FOUR OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
 HAS ACCRUED, NO PARTY MAY UNILATERALLY WAIVE, POSTPONE, CANCEL, OR RESET
 THE ACCRUAL THEREOF, OR OTHERWISE EFFECTUATE A UNILATERAL  EXTENSION  OF
 THE  LIMITATIONS PERIOD PRESCRIBED BY LAW TO INTERPOSE THE CLAIM, UNLESS
 EXPRESSLY PERMITTED BY LAW.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 205-a to read as follows:
   §  205-A.  TERMINATION  OF  SPECIFIC ACTIONS RELATED TO REAL PROPERTY.
 (A) IF AN ACTION UPON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR  OF
 SECTION  TWO HUNDRED THIRTEEN OF THIS ARTICLE IS TIMELY COMMENCED AND IS
 TERMINATED IN ANY OTHER MANNER THAN BY  A  VOLUNTARY  DISCONTINUANCE,  A
 FAILURE  TO OBTAIN PERSONAL JURISDICTION OVER THE DEFENDANT, A DISMISSAL
 OF THE COMPLAINT FOR ANY FORM OF NEGLECT, INCLUDING, BUT NOT LIMITED TO,
 THOSE  SPECIFIED  IN  SUBDIVISION  (C)  OF  SECTION  THIRTY-TWO  HUNDRED
 FIFTEEN,  RULES  THIRTY-TWO HUNDRED SIXTEEN AND THIRTY-FOUR HUNDRED FOUR
 OF THIS CHAPTER, OR SECTIONS 202.27 AND 202.48 OF PART  TWO  HUNDRED  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5473B - Details

See Assembly Version of this Bill:
A7737
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

S5473B - 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.

S5473B - Sponsor Memo

S5473B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5473--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS,  GOUNARDES,  KAMINSKY,  KAVANAGH, MYRIE,
   REICHLIN-MELNICK, SALAZAR, SKOUFIS -- read twice and ordered  printed,
   and  when  printed  to  be  committed to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law  and  rules,  the  general  obli-
   gations  law,  and  the  real property actions and proceedings law, 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.  Short  title. This act shall be known and may be cited as
 the "Foreclosure Process Abuse Prevention Act".
   § 2. Section 203 of the civil practice law and  rules  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H) CLARIFICATION. ONCE A CAUSE OF ACTION UPON AN INSTRUMENT DESCRIBED
 UNDER  SUBDIVISION  FOUR OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
 HAS ACCRUED, NO PARTY MAY UNILATERALLY WAIVE, POSTPONE, CANCEL, OR RESET
 THE ACCRUAL THEREOF, OR OTHERWISE EFFECTUATE A UNILATERAL  EXTENSION  OF
 THE  LIMITATIONS PERIOD PRESCRIBED BY LAW TO INTERPOSE THE CLAIM, UNLESS
 EXPRESSLY PERMITTED BY LAW.
   § 3. Subdivision (c) of section 205 of  the  civil  practice  law  and
 rules, as amended by chapter 216 of the laws of 1992, is amended to read
 as follows:
   (c)  Application.  This  section  also applies to a proceeding brought
 under  the  workers'  compensation  law  BUT  SHALL  NOT  APPLY  TO  ANY
 PROCEEDINGS GOVERNED BY SECTION TWO HUNDRED FIVE-A OF THIS ARTICLE.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 205-a to read as follows:
   § 205-A. TERMINATION OF CERTAIN ACTIONS RELATED TO REAL PROPERTY.  (A)
 IF AN ACTION UPON AN INSTRUMENT  DESCRIBED  UNDER  SUBDIVISION  FOUR  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5473C - Details

See Assembly Version of this Bill:
A7737
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

S5473C - 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.

S5473C - Sponsor Memo

S5473C - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5473--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS,  COMRIE,  GOUNARDES, KAMINSKY, KAVANAGH,
   MYRIE, REICHLIN-MELNICK, SALAZAR, SKOUFIS -- read  twice  and  ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the civil practice law  and  rules,  the  general  obli-
   gations  law,  and  the  real property actions and proceedings law, 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.  Short  title. This act shall be known and may be cited as
 the "Foreclosure Process Abuse Prevention Act".
   § 2. Section 203 of the civil practice law and  rules  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H) CLARIFICATION. ONCE A CAUSE OF ACTION UPON AN INSTRUMENT DESCRIBED
 UNDER  SUBDIVISION  FOUR OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
 HAS ACCRUED, NO PARTY MAY UNILATERALLY WAIVE, POSTPONE, CANCEL, OR RESET
 THE ACCRUAL THEREOF, OR OTHERWISE EFFECTUATE A UNILATERAL  EXTENSION  OF
 THE  LIMITATIONS PERIOD PRESCRIBED BY LAW TO INTERPOSE THE CLAIM, UNLESS
 EXPRESSLY PERMITTED BY LAW.
   § 3. Subdivision (c) of section 205 of  the  civil  practice  law  and
 rules, as amended by chapter 216 of the laws of 1992, is amended to read
 as follows:
   (c)  Application.  This  section  also applies to a proceeding brought
 under  the  workers'  compensation  law  BUT  SHALL  NOT  APPLY  TO  ANY
 PROCEEDINGS GOVERNED BY SECTION TWO HUNDRED FIVE-A OF THIS ARTICLE.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 205-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5473D (ACTIVE) - Details

See Assembly Version of this Bill:
A7737
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

S5473D (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.

S5473D (ACTIVE) - Sponsor Memo

S5473D (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5473--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sens. SANDERS, THOMAS, SALAZAR, ADDABBO, BAILEY, BIAGGI,
   BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GOUNARDES, HARCKHAM, HINCHEY,
   HOYLMAN, JACKSON, KAMINSKY, KAVANAGH, KENNEDY, KRUEGER, LIU,  MANNION,
   MAY,  MYRIE, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SAVINO, SEPULVE-
   DA, SKOUFIS, STAVISKY -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Judiciary -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Judiciary  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09373-13-2

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