Senate Bill S1841

2023-2024 Legislative Session

Relates to requiring plaintiffs to furnish proof that notice of possible foreclosure was delivered to the defendant

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-S1841 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1304, RPAP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8777
2021-2022: S3734

2023-S1841 (ACTIVE) - Summary

Requires plaintiffs to furnish official proof of delivery demonstrating that notice of possible foreclosure was delivered to the defendant.

2023-S1841 (ACTIVE) - Sponsor Memo

2023-S1841 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1841
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 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 requiring plaintiffs  to  furnish  proof  that  notice  of
   possible foreclosure was delivered to the defendant
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1304 of the real property  actions
 and proceedings law, as amended by section 4 of part HH of chapter 58 of
 the laws of 2018, is amended to read as follows:
   2.  The notices required by this section shall be sent by such lender,
 assignee (including purchasing investor) or mortgage  loan  servicer  to
 the  borrower,  by  registered or certified mail and also by first-class
 mail WITH A REQUEST FOR OFFICIAL PROOF OF DELIVERY, to  the  last  known
 address of the borrower, and to the residence that is the subject of the
 mortgage.  The  notices  required  by  this section shall be sent by the
 lender, assignee or mortgage loan servicer in a separate  envelope  from
 any  other  mailing or notice. Notice is considered given as of the date
 it is mailed, PROVIDED THAT THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVI-
 CER IS ABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OF SUCH NOTICE, OR  IF
 ACCEPTANCE  WAS  REFUSED  BY  THE BORROWER, THE ORIGINAL ENVELOPE WITH A
 NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IT SHALL
 BE AN AFFIRMATIVE DEFENSE IN A FORECLOSURE PROCEEDING THAT THE PLAINTIFF
 IS UNABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OR THE ORIGINAL ENVELOPE
 WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE  WAS  REFUSED,
 AS  REQUIRED  BY  THIS SUBDIVISION. The notices required by this section
 shall contain a current list of at least five housing  counseling  agen-
 cies  serving  the  county  where  the property is located from the most
 recent listing available from department of financial services. The list
 shall include the counseling agencies' last known  addresses  and  tele-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03555-01-3

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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.