Assembly Bill A4895A

2017-2018 Legislative Session

Relates to required notices in a residential mortgage foreclosure action

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A4895 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9394
2019-2020: A1725
2021-2022: A1437
2023-2024: A177

2017-A4895 - Summary

Relates to required notices in a residential mortgage foreclosure action.

2017-A4895 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4895
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KEARNS  --  Multi-Sponsored  by  -- M. of A.
   BICHOTTE, BRABENEC, DiPIETRO, GIGLIO, GOTTFRIED, GRAF, HAWLEY, HOOPER,
   HYNDMAN, MAGNARELLI, MOSLEY,  ORTIZ,  RAIA,  SANTABARBARA,  SEPULVEDA,
   SKOUFIS -- read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to requiring banks to notify a  municipality  when  the  bank
   files a lis pendens for a foreclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1303 of the real property actions  and  proceedings
 law is amended by adding a new subdivision 8 to read as follows:
   8.  IF  THE  FORECLOSING  PARTY IN A FORECLOSURE ACTION IS A BANK, THE
 BANK SHALL NOTIFY THE MUNICIPALITY WHERE THE REAL  PROPERTY  IS  LOCATED
 WHEN THE BANK FILES A LIS PENDENS FOR THE FORECLOSURE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09342-01-7



              

co-Sponsors

multi-Sponsors

2017-A4895A (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9394
2019-2020: A1725
2021-2022: A1437
2023-2024: A177

2017-A4895A (ACTIVE) - Summary

Relates to required notices in a residential mortgage foreclosure action.

2017-A4895A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4895--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. KEARNS, JEAN-PIERRE, LAVINE, HUNTER, VANEL, SIMA-
   NOWITZ, SCHIMMINGER, SANTABARBARA, McDONALD, LAWRENCE, GIGLIO, JAFFEE,
   GJONAJ,  NIOU,  GALEF,  DiPIETRO,  MORINELLO,  STECK, HYNDMAN, HARRIS,
   WRIGHT, SKOUFIS, SEPULVEDA,  ORTIZ,  D'URSO,  FAHY,  BRABENEC,  WALSH,
   WALTER, RIVERA -- Multi-Sponsored by -- M. of A. BICHOTTE, COOK, GOTT-
   FRIED,  GRAF,  HAWLEY,  HOOPER,  MAGNARELLI,  B. MILLER, MOSLEY, RAIA,
   THIELE -- read once and referred to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  required  notices  in a residential mortgage foreclosure
   action
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1303 of the real property actions and proceedings
 law is amended by adding a new subdivision 8 to read as follows:
   8. IF THE PLAINTIFF IN A RESIDENTIAL MORTGAGE  FORECLOSURE  ACTION  IS
 OTHER  THAN  A  NATURAL PERSON, THE PLAINTIFF SHALL NOTIFY THE MUNICIPAL
 CLERK OF THE MUNICIPALITY IN WHICH THE REAL PROPERTY IS  LOCATED  WITHIN
 FIVE CALENDAR DAYS OF THE FILING OF THE NOTICE OF PENDENCY FOR THE FORE-
 CLOSURE ACTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09342-02-7



              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.