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NY S06971
Bill
Status
3/27/2025
Primary Sponsor
Brian Kavanagh
Click for details
AI Summary
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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
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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
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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
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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
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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