Assembly Bill A8457

2019-2020 Legislative Session

Relates to requiring plaintiffs to furnish proof that notice of possible foreclosure was delivered to the defendant

download bill text pdf

Sponsored By

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

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2019-A8457 (ACTIVE) - Details

See Senate Version of this Bill:
S8777
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1304, RPAP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3734
2023-2024: S1841

2019-A8457 (ACTIVE) - Summary

Requires plaintiffs to furnish official proof of delivery demonstrating that notice of possible foreclosure was delivered to the defendant.

2019-A8457 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8457
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 8, 2019
                                ___________
 
 Introduced  by  M.  of A. WRIGHT, TAYLOR, SAYEGH, WILLIAMS, GOTTFRIED --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  requiring  plaintiffs  to  furnish  proof that notice of
   possible foreclosure was delivered to the defendant

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 1304 of the real property actions
 and proceedings law, as amended by section 4 of part HH of chapter 58 of
 the laws of 2018, is amended to read as follows:
   2. The notices required by this section shall be sent by such  lender,
 assignee  (including  purchasing  investor) or mortgage loan servicer to
 the borrower, by registered or certified mail and  also  by  first-class
 mail  WITH  A  REQUEST FOR OFFICIAL PROOF OF DELIVERY, to the last known
 address of the borrower, and to the residence that is the subject of the
 mortgage. The notices required by this section  shall  be  sent  by  the
 lender,  assignee  or mortgage loan servicer in a separate envelope from
 any other mailing or notice. Notice is considered given as of  the  date
 it is mailed, PROVIDED THAT THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVI-
 CER  IS ABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OF SUCH NOTICE, OR IF
 ACCEPTANCE WAS REFUSED BY THE BORROWER, THE  ORIGINAL  ENVELOPE  WITH  A
 NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IT SHALL
 BE AN AFFIRMATIVE DEFENSE IN A FORECLOSURE PROCEEDING THAT THE PLAINTIFF
 IS UNABLE TO FURNISH OFFICIAL PROOF OF DELIVERY OR THE ORIGINAL ENVELOPE
 WITH  A  NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED,
 AS REQUIRED BY THIS SUBDIVISION. The notices required  by  this  section
 shall  contain  a current list of at least five housing counseling agen-
 cies serving the county where the property  is  located  from  the  most
 recent listing available from department of financial services. The list
 shall  include  the  counseling agencies' last known addresses and tele-
 phone numbers. The department of financial services shall make available
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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