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NY S03216

Bill

Status

Introduced

2/4/2019

Primary Sponsor

Leroy Comrie

Click for details

Origin

Senate

2019-2020 General Assembly

AI Summary

  • Amends Section 1302 of the Real Property Actions and Proceedings Law to expand foreclosure requirements from only high-cost and subprime home loans to all mortgages.

  • Requires any foreclosure complaint to include an affirmative allegation that the plaintiff is the owner and holder of the mortgage and note, or has been delegated authority to institute the foreclosure action.

  • Requires plaintiffs to comply with Banking Law Sections 595-a, 6-l, and 6-m, and Real Property Actions and Proceedings Law Section 1304.

  • Establishes that violations of Banking Law Sections 6-l or 6-m, or Real Property Actions and Proceedings Law Section 1304, constitute a defense to mortgage foreclosure actions.

  • Takes effect January 1 following enactment and applies to foreclosure actions commenced on or after that date.

Legislative Description

Makes the affirmative allegation provisions for high-cost loans and subprime home loans, applicable to all mortgage foreclosures.

Last Action

COMMITTED TO RULES

12/28/2020

Committee Referrals

Rules12/28/2020
Housing, Construction, and Community Development1/8/2020
Rules6/20/2019
Housing, Construction, and Community Development2/4/2019

Full Bill Text

No bill text available