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Assembly Bill A8244A

2025-2026 Legislative Session

Relates to registrations of residential mortgages in default

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Bill Amendments

2025-A8244 - 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 - Summary

Increases fee amount authorized to be imposed on mortgagees or their agents.

2025-A8244 - 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

2025-A8244A (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-A8244A (ACTIVE) - Summary

Increases fee amount authorized to be imposed on mortgagees or their agents.

2025-A8244A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8244--A
 
                        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 -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to registrations of residential mortgages in default
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 1393 of the real property  actions
 and  proceedings  law,  as  added by chapter 600 of the laws of 2022, is
 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.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11543-02-6

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