|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 18, 2022||signed chap.145|
delivered to governor
|Feb 07, 2022||returned to senate|
ordered to third reading cal.380
substituted for a8854
|Jan 11, 2022||referred to judiciary|
delivered to assembly
|Jan 10, 2022||ordered to third reading cal.26|
|Jan 07, 2022||referred to rules|
senate Bill S7698Signed By Governor
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S7698 (ACTIVE) - Details
- See Assembly Version of this Bill:
- 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.
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