Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to banks |
Jan 26, 2023 |
print number 2131a |
Jan 26, 2023 |
amend and recommit to banks |
Jan 23, 2023 |
referred to banks |
Assembly Bill A2131A
2023-2024 Legislative Session
Sponsored By
DINOWITZ
Current 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
Bill Amendments
co-Sponsors
Rebecca Seawright
Jo Anne Simon
Inez E. Dickens
Deborah Glick
multi-Sponsors
David McDonough
2023-A2131 - Details
2023-A2131 - Summary
Provides that any person who has been injured by reason of any violation of any such rules, regulations or policies as the superintendent may promulgate may bring an action in his or her own name; assert a counterclaim; or, if an action is commenced by the mortgagee or anyone acting on its behalf, bring a third party claim, against either the mortgagee and/or the mortgage servicer to enjoin any violations thereof; authorizes damages
2023-A2131 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2131 2023-2024 Regular Sessions I N A S S E M B L Y January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, SIMON, DICKENS, GLICK, TAPIA, FORREST -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Banks AN ACT to amend the banking law, in relation to mortgage loan servicers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 595-b of the banking law is amended by adding two new subdivisions 3 and 4 to read as follows: 3. ACTIONS AND DAMAGES. (A) ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTI- CLE, INCLUDING BUT NOT LIMITED TO 3 NYCRR 419 OR ANY SUBSEQUENTLY PROMULGATED MORTGAGE SERVICING RULES PURSUANT TO THIS SUBDIVISION, MAY: (I) BRING AN ACTION IN HIS OR HER OWN NAME; (II) ASSERT A COUNTERCLAIM; OR (III) IF AN ACTION IS COMMENCED BY THE MORTGAGEE OR ANYONE ACTING ON ITS BEHALF, BRING A THIRD PARTY CLAIM, AGAINST EITHER THE MORTGAGEE AND/OR THE MORTGAGE SERVICER TO ENJOIN ANY VIOLATIONS THEREOF. (B) THE PERSON INJURED PURSUANT TO THIS SECTION: (I) MAY RECOVER STATUTORY DAMAGES OF ONE THOUSAND DOLLARS PER VIOLATION; (II) MAY RECOVER TREBLE ACTUAL DAMAGES; AND (III) IF AWARDED DAMAGES OR INJUNCTIVE RELIEF, SHALL ALSO BE ENTITLED TO RECOVER COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. (C) THE MORTGAGEE AND THE MORTGAGE SERVICER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY RECOVERIES BY AN INJURED MORTGAGOR IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION. 4. COMPLIANCE WITH RULES, REGULATIONS OR POLICIES. COMPLIANCE WITH ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00882-01-3
co-Sponsors
Rebecca Seawright
Jo Anne Simon
Inez E. Dickens
Deborah Glick
multi-Sponsors
David McDonough
2023-A2131A (ACTIVE) - Details
2023-A2131A (ACTIVE) - Summary
Provides that any person who has been injured by reason of any violation of any such rules, regulations or policies as the superintendent may promulgate may bring an action in his or her own name; assert a counterclaim; or, if an action is commenced by the mortgagee or anyone acting on its behalf, bring a third party claim, against either the mortgagee and/or the mortgage servicer to enjoin any violations thereof; authorizes damages
2023-A2131A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2131--A 2023-2024 Regular Sessions I N A S S E M B L Y January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, SIMON, DICKENS, GLICK, TAPIA, FORREST -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Banks -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the banking law, in relation to mortgage loan servicers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 595-b of the banking law is amended by adding two new subdivisions 3 and 4 to read as follows: 3. ACTIONS AND DAMAGES. (A) ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF ANY SUCH RULES, REGULATIONS OR POLICIES AS THE SUPERINTENDENT MAY PROMULGATE TO EFFECTUATE THE PURPOSES OF THIS ARTI- CLE, INCLUDING BUT NOT LIMITED TO 3 NYCRR 419 OR ANY SUBSEQUENTLY PROMULGATED MORTGAGE SERVICING RULES PURSUANT TO THIS SUBDIVISION, MAY: (I) BRING AN ACTION IN HIS OR HER OWN NAME; (II) ASSERT A COUNTERCLAIM; OR (III) IF AN ACTION IS COMMENCED BY THE MORTGAGEE OR ANYONE ACTING ON ITS BEHALF, BRING A THIRD PARTY CLAIM, AGAINST EITHER THE MORTGAGEE AND/OR THE MORTGAGE SERVICER TO ENJOIN ANY VIOLATIONS THEREOF. (B) THE PERSON INJURED PURSUANT TO THIS SECTION: (I) MAY RECOVER STATUTORY DAMAGES OF ONE THOUSAND DOLLARS PER VIOLATION; (II) MAY RECOVER TREBLE ACTUAL DAMAGES; AND (III) IF AWARDED DAMAGES OR INJUNCTIVE RELIEF, SHALL ALSO BE ENTITLED TO RECOVER COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. (C) THE MORTGAGEE AND THE MORTGAGE SERVICER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY RECOVERIES BY AN INJURED MORTGAGOR IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00882-04-3 A. 2131--A 2
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.