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NY A01597

Bill

Status

Introduced

1/11/2011

Primary Sponsor

Hakeem Jeffries

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Establishes the "Foreclosure Diversion Act of 2011" to help homeowners avoid foreclosure through counseling and settlement conferences, addressing the housing crisis caused by unaffordable mortgages and interest rate resets.

  • Requires foreclosing parties to notify mortgagors of foreclosure prevention counseling availability, including a hotline number and list of approved nonprofit counselors, with this information included in all foreclosure notices.

  • Mandates courts to hold mandatory settlement conferences within 90 days in residential foreclosure actions where the defendant resides in the property, requiring foreclosing party representatives to have full settlement authority.

  • Allows courts to postpone foreclosures for up to one year (with potential nine-month extension if homeowner completes counseling and settlement conference) to permit parties to negotiate payment schedules and loan modifications.

  • Establishes that homeowners appearing pro se may be deemed to have moved to proceed as poor persons, waiving court fees and filing fees for foreclosure relief motions; requires assignment of foreclosure cases to the same judge when practicable.

Legislative Description

Enacts the "foreclosure diversion act of 2011"; provides for a one-year moratorium on foreclosures; requires a homeowner to attend a counseling session; requires courts to meet with parties at a mandatory settlement conference.

Last Action

referred to banks

1/4/2012

Committee Referrals

Banks1/11/2011

Full Bill Text

No bill text available