Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Aug 02, 2021 | approval memo.16 signed chap.395 |
Jul 21, 2021 | delivered to governor |
Jun 07, 2021 | returned to senate passed assembly ordered to third reading rules cal.82 substituted for a2502a referred to ways and means returned to assembly repassed senate |
Jun 03, 2021 | amended on third reading 5785a |
Jun 03, 2021 | vote reconsidered - restored to third reading returned to senate recalled from assembly |
Jun 01, 2021 | recommitted to judiciary substitution reconsidered |
May 24, 2021 | ordered to third reading rules cal.82 substituted for a2502 |
May 12, 2021 | referred to judiciary delivered to assembly passed senate |
May 10, 2021 | advanced to third reading |
May 05, 2021 | 2nd report cal. |
May 04, 2021 | 1st report cal.919 |
Mar 18, 2021 | referred to housing, construction and community development |
senate Bill S5785A
Signed By GovernorSponsored By
Leroy Comrie
(D) 14th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
Bill Amendments
S5785 - Details
S5785 - Sponsor Memo
BILL NUMBER: S5785 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to foreclosure of mortgages SUMMARY OF PROVISIONS OF BILL: Section 1: Amends section 1302 of RPAPL to require that foreclosing plaintiffs plead ownership of the note and mortgage applicable to all homeowners instead of limited to only homeowners with subprime and high- cost home loans. It also ensures that RPAPL 1302 defenses are applica- ble to all homeowners instead of limited to just homeowners with subprime and high-cost home loans. Section 2: Sets the effective date on the first of January after it shall have become law. JUSTIFICATION:
S5785 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5785 2021-2022 Regular Sessions I N S E N A T E March 18, 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 foreclosure of mortgages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: § 1302. Foreclosure of [high-cost home loans and subprime home loans] MORTGAGES. 1. Any complaint served in a proceeding initiated pursuant to this article [relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the bank- ing law, respectively,] must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b) has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and section thirteen hundred four of this article. 2. It shall be a defense to an action to foreclose a mortgage [for a high-cost home loan or subprime home loan] that the terms of the home loan or the actions of the lender violate any provision of section six-l or six-m of the banking law or section thirteen hundred four of this article. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law and shall apply to actions commenced on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
S5785A (ACTIVE) - Details
S5785A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5785A SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to foreclosure of residential mortgages covering one to four family dwellings SUMMARY OF PROVISIONS OF BILL: Section 1: Amends section 1302 of RPAPL to require that foreclosing plaintiffs plead ownership of the note and mortgage applicable to all homeowners instead of limited to only homeowners with subprime and high- cost home loans. It also ensures that RPAPL 1302 defenses are applicable to all homeowners instead of limited to just homeowners with subprime and high-cost home loans. Section 2: Sets the effective date on the first of January after it shall have become law.
S5785A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5785--A Cal. No. 919 2021-2022 Regular Sessions I N S E N A T E March 18, 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the real property actions and proceedings law, in relation to foreclosure of residential mortgages covering one to four family dwellings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: § 1302. Foreclosure of [high-cost home loans and subprime home loans] CERTAIN RESIDENTIAL MORTGAGES. 1. Any complaint served in a proceeding initiated ON A RESIDENTIAL MORTGAGE COVERING A ONE TO FOUR FAMILY DWELL- ING pursuant to this article [relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively,] must contain an affirmative allega- tion that at the time the proceeding is commenced, the plaintiff: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b) has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, FOR LOANS GOVERNED BY THOSE PROVISIONS, and section thirteen hundred four of this article. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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