Senate Bill S5829B

2023-2024 Legislative Session

Relates to the language which must be included in mortgage foreclosure notices

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2023-S5829 - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1304, RPAP L

2023-S5829 - Summary

Relates to the language which must be included in mortgage foreclosure notices; requires lenders, assignees, and mortgage loan servicers to evidence strict compliance with such notice requirements as pertinent.

2023-S5829 - Sponsor Memo

2023-S5829 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5829
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to notices required prior to mortgage foreclosure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 1 of section 1304 of
 the real property actions and proceedings law, as amended by  section  6
 of  part  Q  of  chapter  73 of the laws of  2016, is amended to read as
 follows:
   Notwithstanding any other provision of law,  with  regard  to  a  home
 loan,  at  least  ninety days before a lender, an assignee or a mortgage
 loan servicer commences legal action against the borrower, or  borrowers
 at the property address and any other address of record, including mort-
 gage  foreclosure, such lender, assignee or mortgage loan servicer shall
 give notice to the borrower in at least fourteen-point type which  shall
 include ONLY the following:
   §  2.  The opening paragraph of subdivision 1-a of section 1304 of the
 real property actions and proceedings law, as added by section 3 of part
 HH of chapter 58 of the laws of  2018, is amended to read as follows:
   Notwithstanding any other provision of law, with regard to  a  reverse
 mortgage home loan, at least ninety days before a lender, an assignee or
 a  mortgage loan servicer commences legal action against the borrower or
 borrowers at the property address and any  other  addresses  of  record,
 including  reverse  mortgage foreclosure, such lender, assignee or mort-
 gage loan servicer shall give notice to the borrower in at  least  four-
 teen-point  type  except  for  the  heading  which  shall be in at least
 sixteen-point type which shall include ONLY the following:
   § 3. Section 1304 of the real property actions and proceedings law  is
 amended by adding a new subdivision 8 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09739-01-3
              

co-Sponsors

2023-S5829A - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1304, RPAP L

2023-S5829A - Summary

Relates to the language which must be included in mortgage foreclosure notices; requires lenders, assignees, and mortgage loan servicers to evidence strict compliance with such notice requirements as pertinent.

2023-S5829A - Sponsor Memo

2023-S5829A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5829--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  SANDERS,  BRISPORT,  COMRIE,  GONZALEZ,
   GOUNARDES, RAMOS -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Housing, Construction and Communi-
   ty   Development   --  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 notices required prior to mortgage foreclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section  1304  of
 the  real  property actions and proceedings law, as amended by section 6
 of part Q of chapter 73 of the laws of   2016, is  amended  to  read  as
 follows:
   Notwithstanding  any  other  provision  of  law, with regard to a home
 loan, at least ninety days before a lender, an assignee  or  a  mortgage
 loan  servicer commences legal action against the borrower, or borrowers
 at the property address and any other address of record, including mort-
 gage foreclosure, such lender, assignee or mortgage loan servicer  shall
 give  notice to the borrower in at least fourteen-point type which shall
 include ONLY the following:
   § 2. The opening paragraph of subdivision 1-a of section 1304  of  the
 real property actions and proceedings law, as added by section 3 of part
 HH of chapter 58 of the laws of  2018, is amended to read as follows:
   Notwithstanding  any  other provision of law, with regard to a reverse
 mortgage home loan, at least ninety days before a lender, an assignee or
 a mortgage loan servicer commences legal action against the borrower  or
 borrowers  at  the  property  address and any other addresses of record,
 including reverse mortgage foreclosure, such lender, assignee  or  mort-
 gage  loan  servicer shall give notice to the borrower in at least four-
 teen-point type except for the  heading  which  shall  be  in  at  least
 sixteen-point type which shall include ONLY the following:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09739-02-3
              

co-Sponsors

2023-S5829B (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1304, RPAP L

2023-S5829B (ACTIVE) - Summary

Relates to the language which must be included in mortgage foreclosure notices; requires lenders, assignees, and mortgage loan servicers to evidence strict compliance with such notice requirements as pertinent.

2023-S5829B (ACTIVE) - Sponsor Memo

2023-S5829B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5829--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sens. SALAZAR, SANDERS, BAILEY, BRISPORT, COMRIE, GONZA-
   LEZ, GOUNARDES,  HARCKHAM,  JACKSON,  MANNION,  PARKER,  RAMOS,  RYAN,
   SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
   to be committed to the Committee on Housing, Construction and Communi-
   ty  Development  --  committee  discharged,  bill   amended,   ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Housing, Construction and Community Development in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to notices required prior to mortgage foreclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section  1304  of
 the  real  property actions and proceedings law, as amended by section 6
 of part Q of chapter 73 of the laws of   2016, is  amended  to  read  as
 follows:
   Notwithstanding  any  other  provision  of  law, with regard to a home
 loan, at least ninety days before a lender, an assignee  or  a  mortgage
 loan  servicer commences legal action against the borrower, or borrowers
 at the property address and any other address of record, including mort-
 gage foreclosure, such lender, assignee or mortgage loan servicer  shall
 give  notice to the borrower in at least fourteen-point type which shall
 include ONLY the following:
   § 2. The opening paragraph of subdivision 1-a of section 1304  of  the
 real property actions and proceedings law, as added by section 3 of part
 HH of chapter 58 of the laws of  2018, is amended to read as follows:
   Notwithstanding  any  other provision of law, with regard to a reverse
 mortgage home loan, at least ninety days before a lender, an assignee or
 a mortgage loan servicer commences legal action against the borrower  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09739-04-4
              

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