Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 30, 2012 |
amended on third reading 629d |
Mar 05, 2012 |
amended on third reading 629c |
Jan 04, 2012 |
ordered to third reading cal.36 returned to assembly died in senate |
Jun 22, 2011 |
referred to rules delivered to senate passed assembly |
May 23, 2011 |
amended on third reading 629b |
May 02, 2011 |
amended on third reading 629a |
Feb 24, 2011 |
advanced to third reading cal.46 |
Feb 15, 2011 |
reported |
Jan 05, 2011 |
referred to judiciary |
Assembly Bill A629
2011-2012 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Barbara Clark
Peter Rivera
William Colton
Charles Lavine
multi-Sponsors
Thomas Abinanti
2011-A629 - Details
2011-A629 - Summary
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
2011-A629 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 629 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to standing to commence an action to foreclose a mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: 1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively, must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff[: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b)] has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and SUBDI- VISION TWO OF SECTION THIRTEEN HUNDRED TWO-A AND section thirteen hundred four of this article. S 2. The real property actions and proceedings law is amended by adding a new section 1302-a to read as follows: S 1302-A. STANDING TO COMMENCE AN ACTION. 1. NO PERSON SHALL HAVE STANDING TO COMMENCE AN ACTION PURSUANT TO THIS ARTICLE UNLESS IT IS THE OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE, OR HAS BEEN DELEGATED THE AUTHORITY TO INSTITUTE A MORTGAGE FORECLOSURE ACTION BY THE OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E) OF RULE THIRTY-TWO HUNDRED ELEVEN OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Barbara Clark
Peter Rivera
William Colton
Charles Lavine
multi-Sponsors
Thomas Abinanti
Michelle Schimel
2011-A629A - Details
2011-A629A - Summary
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
2011-A629A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 629--A Cal. No. 46 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE, M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI -- read once and referred to the Committee on Judiciary -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property actions and proceedings law, in relation to standing to commence an action to foreclose a mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: 1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively, must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff[: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b)] has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and SUBDI- VISION TWO OF SECTION THIRTEEN HUNDRED TWO-A AND section thirteen hundred four of this article. S 2. The real property actions and proceedings law is amended by adding a new section 1302-a to read as follows: S 1302-A. STANDING TO COMMENCE AN ACTION. 1. NO PERSON SHALL HAVE STANDING TO COMMENCE AN ACTION PURSUANT TO THIS ARTICLE UNLESS IT IS THE OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE, OR HAS BEEN DELEGATED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
Barbara Clark
Peter Rivera
William Colton
Charles Lavine
multi-Sponsors
Thomas Abinanti
Michelle Schimel
2011-A629B - Details
2011-A629B - Summary
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
2011-A629B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 629--B Cal. No. 46 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE, M. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, SCHIMEL -- read once and referred to the Committee on Judiciary -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property actions and proceedings law, in relation to standing to commence an action to foreclose a mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: 1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively, must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff[: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b)] has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and SUBDI- VISION TWO OF SECTION THIRTEEN HUNDRED TWO-A AND section thirteen hundred four of this article. S 2. The real property actions and proceedings law is amended by adding a new section 1302-a to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Barbara Clark
Peter Rivera
William Colton
Charles Lavine
multi-Sponsors
Thomas Abinanti
Michelle Schimel
Robert Sweeney
2011-A629C - Details
2011-A629C - Summary
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
2011-A629C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 629--C Cal. No. 36 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE, M. MILLER, ROBINSON, V. LOPEZ -- Multi-Sponsored by -- M. of A. ABINANTI, SCHIMEL -- read once and referred to the Committee on Judi- ciary -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third read- ing -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property actions and proceedings law, in relation to standing to commence an action to foreclose a mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: 1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively, must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff[: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b)] has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and SUBDI- VISION TWO OF SECTION THIRTEEN HUNDRED TWO-A AND section thirteen hundred four of this article. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Barbara Clark
Peter Rivera
William Colton
Charles Lavine
multi-Sponsors
Thomas Abinanti
N. Nick Perry
Michelle Schimel
Robert Sweeney
2011-A629D (ACTIVE) - Details
2011-A629D (ACTIVE) - Summary
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale; requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
2011-A629D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 629--D Cal. No. 36 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. WEINSTEIN, CLARK, P. RIVERA, COLTON, LAVINE, M. MILLER, ROBINSON, V. LOPEZ, WEPRIN, ROSENTHAL, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. ABINANTI, SCHIMEL, SWEENEY -- read once and referred to the Committee on Judiciary -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retain- ing its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property actions and proceedings law, in relation to standing to commence an action to foreclose a mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1302 of the real property actions and proceedings law, as amended by chapter 472 of the laws of 2008, is amended to read as follows: 1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such terms are defined in section six-l and six-m of the banking law, respectively, must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff[: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b)] has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promul- gated thereunder, section six-l or six-m of the banking law, and SUBDI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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