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NY A06558

Bill

Status

Introduced

3/11/2019

Primary Sponsor

Tremaine Wright

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Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Prohibits mortgage brokers and bankers from engaging in home improvement contracting activities unless services are fully disclosed and agreed to in writing by all parties.

  • Caps mortgage broker fees at the greater of $500 or 3% of the loan amount, and limits all loan-related fees to 6% of loan value, excluding public filing fees, title insurance, and borrower's attorney fees.

  • Bans balloon payments, negative amortization schedules, and interest rate increases after default on mortgages secured by primary residences.

  • Requires lenders to disclose whether loans will be sold to third parties and allow borrowers to designate a third party to receive all written communications about the loan.

  • Extends home improvement contract cancellation period from 3 to 15 business days and establishes affirmative defenses for foreclosure actions on refinanced properties, including when borrowers lacked financial ability to repay or lender violated banking law provisions.

Legislative Description

Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and homeowners.

Last Action

referred to banks

1/8/2020

Committee Referrals

Banks3/11/2019

Full Bill Text

No bill text available