Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 17, 2013 |
referred to judiciary |
Assembly Bill A6748
2013-2014 Legislative Session
Sponsored By
BARRON
Archive: Last Bill Status - In Assembly Committee
- 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
2013-A6748 (ACTIVE) - Details
2013-A6748 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6748 2013-2014 Regular Sessions I N A S S E M B L Y April 17, 2013 ___________ Introduced by M. of A. BARRON -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to manda- tory settlement conferences in residential foreclosure actions and requiring good faith settlement discussions in connection with such foreclosure actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of rule 3408 of the civil practice law and rules, as amended by chapter 507 of the laws of 2009, is amended to read as follows: (a) In any residential foreclosure action involving a home loan as such term is defined in section thirteen hundred four of the real prop- erty actions and proceedings law, in which the defendant is a resident of the property subject to foreclosure, the court shall hold a mandatory conference within sixty days after the date when proof of service is filed with the county clerk, or on such adjourned date as has been agreed to by the parties, for the purpose of holding settlement discussions pertaining to the relative rights and obligations of the parties under the mortgage loan documents, including, but not limited to determining whether the parties can reach a mutually agreeable resol- ution to help the defendant avoid losing his or her home, and evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to, and for whatever other purposes the court deems appropriate. BOTH THE PLAINTIFF AND THE DEFENDANT MUST MAKE GOOD FAITH EFFORTS TO REACH A MUTUALLY AGREEABLE RESOLUTION. SUCH GOOD FAITH EFFORTS MUST INCLUDE, AT A MINIMUM, FOLLOW- ING THE UNITED STATES DEPARTMENT OF TREASURY HOME AFFORDABLE MODIFICA- TION PROGRAM GUIDELINES ISSUED ON MARCH FOURTH, TWO THOUSAND NINE, AND ANY AMENDMENTS THERETO. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08021-02-3
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