Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Mar 20, 2015 |
referred to judiciary |
Assembly Bill A6283
2015-2016 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
co-Sponsors
Vivian Cook
Latrice Walker
N. Nick Perry
multi-Sponsors
Jo Anne Simon
Phil Steck
2015-A6283 (ACTIVE) - Details
2015-A6283 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6283 2015-2016 Regular Sessions I N A S S E M B L Y March 20, 2015 ___________ 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 306 of the laws of 2013, 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, plaintiff shall file proof of service within twenty days of such service, however service is made, and the court shall hold a mandatory conference within sixty days after the date when proof of service upon such defendant 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 resolution 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, FOLLOWING THE UNITED STATES DEPART- MENT OF TREASURY HOME AFFORDABLE MODIFICATION 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. LBD09517-01-5
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