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NY A03066

Bill

Status

Introduced

1/23/2013

Primary Sponsor

Barbara Clark

Click for details

Origin

Assembly

2013-2014 General Assembly

AI Summary

  • Mortgage servicers cannot obtain force-placed insurance unless there is reasonable basis to believe the borrower failed to maintain required hazard, flood, or homeowner's insurance.

  • Mortgage servicers must send two written notices by first-class mail (the second at least 30 days after the first) before obtaining force-placed insurance, and must wait 15 days after the second notice for borrower response.

  • Written notices must inform borrowers of their insurance obligation, state the servicer lacks evidence of coverage, explain procedures to demonstrate existing coverage, and warn that the servicer may obtain insurance at the borrower's expense.

  • Mortgage servicers must terminate force-placed insurance and refund all premiums and related fees within 15 days of receiving evidence of the borrower's existing insurance coverage for any overlap period.

  • Mortgage servicers cannot obtain force-placed insurance from affiliated entities, cannot split fees, and cannot give or accept referral fees in connection with obtaining force-placed insurance; insurance coverage cannot exceed the greater of the last known coverage amount or the outstanding loan balance.

Legislative Description

Prohibits a mortgage servicer from obtaining force-placed insurance in certain circumstances; requires a mortgage servicer to provide written notices prior to obtaining force-placed insurance; regulates the cost of coverage a mortgage servicer may obtain for force-placed insurance.

Last Action

referred to banks

1/8/2014

Committee Referrals

Banks1/23/2013

Full Bill Text

No bill text available