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Assembly Bill A8244

2025-2026 Legislative Session

Grants a right of action where registration fees are imposed on mortgagors in default

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Current Bill Status - In Assembly Committee

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2025-A8244 (ACTIVE) - Details

See Senate Version of this Bill:
S7933
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1393, RPAP L

2025-A8244 (ACTIVE) - Summary

Grants a right of action where registration fees of residential mortgages in default are imposed on the mortgagor; increases fee amount authorized to be imposed on mortgagees or their agents.

2025-A8244 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8244
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  a right of action where registration fees are imposed on
   mortgagees in default
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 3 and 8 of section 1393 of the real property
 actions and proceedings law, as added by chapter  600  of  the  laws  of
 2022, are amended to read as follows:
   3.  Any  local law, ordinance or resolution that allows for the regis-
 tration of residential mortgages in default may  impose  a  registration
 fee not exceeding [seventy-five] THREE HUNDRED dollars annually. A mort-
 gagee  and/or  its agents are prohibited from passing along such fees to
 the mortgagor in default.
   8. RIGHT OF ACTION. ANY PERSON THAT HAS BEEN DAMAGED AS  A  RESULT  OF
 THE  MORTGAGEE  AND/OR  ITS AGENTS PASSING DOWN FEES TO THE MORTGAGOR IN
 DEFAULT SHALL BE ENTITLED TO BRING AN ACTION FOR RECOVERY OF DAMAGES IN:
   (A) THE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART  OF  THE  EVENTS  OR
 OMISSIONS GIVING RISE TO THE CLAIM OCCURRED;
   (B)  THE  COUNTY  OF  RESIDENCE FOR ANY ONE OF THE DEFENDANTS WHO IS A
 NATURAL PERSON AT THE TIME THE CAUSE OF ACTION ACCRUED;
   (C) THE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY ONE OF THE
 DEFENDANTS THAT IS NOT A NATURAL PERSON; OR
   (D) THE COUNTY OF RESIDENCE FOR ANY PLAINTIFF IF THE  PLAINTIFF  IS  A
 NATURAL PERSON RESIDING IN THIS STATE.
   9. The provisions of this section shall supersede any local law, ordi-
 nance,  or resolution requiring the registration of mortgages in default
 that was enacted prior to the effective date of this section.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11543-01-5

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