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NY S06971

Bill

Status

Introduced

3/27/2025

Primary Sponsor

Brian Kavanagh

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Requires plaintiffs in home loan foreclosure actions to maintain and possess a complete payment history of the mortgage loan from origination to present, including all escrow and suspense account transactions

  • Mandates plaintiffs claiming possession of original notes to maintain custodial files documenting the chain of possession, including names and dates of all entities that physically held the note

  • Limits recovery for plaintiffs who purchase defaulted subordinate loans to the amount they paid for the loan plus interest at the maximum rate under Banking Law section 14-a from the purchase date

  • Establishes a 3-year statute of limitations beginning January 1, 2027 for actions on subordinate bonds or notes purchased when in default, or the standard 6-year period, whichever is shorter

  • Makes statute of limitations and lack of standing defenses non-waivable in home loan foreclosure proceedings, even if defendants fail to raise them in initial responsive pleadings

Legislative Description

Relates to actions upon a subordinate bond or note; provides a statute of limitations for such actions.

Last Action

REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

1/7/2026

Committee Referrals

Housing, Construction, and Community Development1/7/2026
Rules6/13/2025
Housing, Construction, and Community Development3/27/2025

Full Bill Text

No bill text available