S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11075
 
                           I N  A S S E M B L Y
 
                               June 4, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the real property actions and proceedings  law  and  the
   civil  practice  law  and rules, in relation to including the name and
   telephone number of the mortgage servicer for a plaintiff in  a  mort-
   gage foreclosure action on certain documents pertaining to such action

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1321 of the real property  actions
 and  proceedings  law,  as  added by chapter 312 of the laws of 1962, is
 amended to read as follows:
   1. If the defendant fails to answer within the  time  allowed  or  the
 right  of  the  plaintiff  is admitted by the answer, upon motion of the
 plaintiff, the court shall ascertain and determine the  amount  due,  or
 direct  a referee to compute the amount due to the plaintiff and to such
 of the defendants as are prior incumbrancers of the mortgaged  premises,
 and  to examine and report whether the mortgaged premises can be sold in
 parcels and, if the whole amount secured by the mortgage has not  become
 due,  to report the amount thereafter to become due. Where the defendant
 is an infant, and has put in a general answer by his guardian, or if any
 of the defendants be absentees, the order of reference also shall direct
 the referee to take proof of the facts and circumstances stated  in  the
 complaint  and to examine the plaintiff or his agent, on oath, as to any
 payments which have been made. THE ORDER OF REFERENCE SHALL ALSO INCLUDE
 THE NAME AND TELEPHONE NUMBER OF THE MORTGAGE SERVICER FOR  A  PLAINTIFF
 INVOLVING  A  MORTGAGE  FORECLOSURE OF A ONE- TO FOUR-FAMILY RESIDENTIAL
 PROPERTY.
   § 2. Subdivision 1 of section 1351 of the real  property  actions  and
 proceedings  law, as amended by section 8 of part Q of chapter 73 of the
 laws of 2016, is amended to read as follows:
   1. The judgment shall direct that the mortgaged premises, or  so  much
 thereof  as  may  be  sufficient  to  discharge  the  mortgage debt, the
 expenses of the sale and the costs of the action, and which may be  sold
 separately without material injury to the parties interested, be sold by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14602-01-8

 A. 11075                            2
 
 or under the direction of the sheriff of the county, or a referee within
 ninety days of the date of the judgment. THE JUDGMENT SHALL ALSO INCLUDE
 THE  NAME  AND TELEPHONE NUMBER OF THE MORTGAGE SERVICER FOR A PLAINTIFF
 INVOLVING  A  MORTGAGE  FORECLOSURE OF A ONE- TO FOUR-FAMILY RESIDENTIAL
 PROPERTY.
   § 3. Subdivision (b) of rule 6511 of the civil practice law and rules,
 such rule as renumbered by chapter 318 of the laws of 1962,  is  amended
 to read as follows:
   (b)  Content;  designation  of index. A notice of pendency shall state
 the names of the parties to the action, INCLUDING THE NAME AND TELEPHONE
 NUMBER OF THE MORTGAGE SERVICER FOR  A  FORECLOSING  PARTY  INVOLVING  A
 MORTGAGE  FORECLOSURE OF A ONE- TO FOUR-FAMILY RESIDENTIAL PROPERTY, the
 object of the action and a  description  of  the  property  affected.  A
 notice  of pendency filed with a clerk who maintains a block index shall
 contain a designation of the number of each block on the land map of the
 county which is affected by the notice. Except in an action  for  parti-
 tion  a  notice  of  pendency filed with a clerk who does not maintain a
 block index shall contain a designation of the names of  each  defendant
 against whom the notice is directed to be indexed.
   § 4. This act shall take effect immediately.