| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 18, 2022 | signed chap.145 delivered to governor |
| Feb 07, 2022 | returned to senate passed assembly ordered to third reading cal.380 substituted for a8854 |
| Jan 11, 2022 | referred to judiciary delivered to assembly passed senate |
| Jan 10, 2022 | ordered to third reading cal.26 |
| Jan 07, 2022 | referred to rules |
senate Bill S7698
Signed By Governor2021-2022 Legislative Session
Sponsored 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
S7698 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8854
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1302, RPAP L (as proposed in S.5785-A & A.2502-A)
S7698 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7698 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to complaints served in a proceeding initiated on a residential mortgage covering a one to four family dwelling PURPOSE: This is a chapter amendment that makes changes to the provisions of L.2021, c.395, to clarify provisions relating to compliance of sections of the banking law to mortgage loans and provisions related to applica- ble defenses against foreclosure. SUMMARY OF PROVISIONS: This legislation amends the underlying chapter by clarifying applicable provisions, and expanding compliance of the provisions to all residen- tial mortgage loans covering a one to four family dwelling.
S7698 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7698
I N S E N A T E
January 7, 2022
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property actions and proceedings law, in
relation to complaints served in a proceeding initiated on a residen-
tial mortgage covering a one to four family dwelling
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 a chapter of the laws of 2021, amending the real
property actions and proceedings law relating to foreclosure of residen-
tial mortgages covering one to four family dwellings, as proposed in
legislative bills numbers S. 5785-A and A. 2502-A, is amended to read as
follows:
§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint
served in a proceeding initiated on a residential mortgage covering a
one to four family dwelling pursuant to this article 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, AND section six-l or six-m of the banking law, for
loans governed by [those provisions] SECTION SIX-L OR SIX-M OF THE BANK-
ING LAW, and section thirteen hundred four of this article FOR ALL RESI-
DENTIAL MORTGAGE LOANS COVERING A ONE TO FOUR FAMILY DWELLING.
2. It shall be a defense to an action to foreclose a mortgage 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 thir-
teen hundred four of this article, FOR LOANS GOVERNED BY THESE
PROVISIONS.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021, amending the real property
actions and proceedings law relating to foreclosure of residential mort-
gages covering one to four family dwellings, as proposed in legislative
bills numbers S. 5785-A and A. 2502-A, takes effect.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.