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NY A06083

Bill

Status

Introduced

3/10/2021

Primary Sponsor

Stefani Zinerman

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Establishes the "Home Equity Fraud Act" to prevent predatory lending practices targeting senior citizens and minority homeowners through high-cost, high-interest mortgages secured by home equity.

  • Prohibits mortgage brokers from charging fees exceeding $500 or 3% of the loan amount, caps total service fees at 6% of loan value, and restricts refinancing fees unless the rate reduction exceeds costs and is recovered within two years.

  • Bans certain mortgage provisions on primary residences including balloon payments, negative amortization schedules, and interest rate increases after default.

  • Extends home improvement contract cancellation period from 3 to 15 business days and requires contractors to fully disclose financing activities and obtain written consent from all parties.

  • Establishes affirmative defenses in foreclosure actions for mortgagors who refinanced property owned for 5+ years, allowing courts to award attorney fees if lender violated lending laws or borrower lacked financial ability to repay.

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

1/5/2022

Committee Referrals

Banks3/10/2021

Full Bill Text

No bill text available