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A01239 Summary:

BILL NOA01239B
 
SAME ASSAME AS S02614-B
 
SPONSORLancman (MS)
 
COSPNSRAlfano, Jaffee, Perry, Millman, Titus
 
MLTSPNSRPheffer, Weinstein
 
Add S282, RP L
 
Enacts the "access to justice in lending act"; relates to a mortgagor's right to recover attorney's fees in actions or proceedings arising out of foreclosures of residential property which consists of a one- to four-family residence, condominium that is occupied by the mortgagor or cooperative unit that is occupied by the mortgagor; provides reciprocal attorney's fees.
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A01239 Actions:

BILL NOA01239B
 
01/07/2009referred to banks
04/28/2009reported referred to codes
05/19/2009amend and recommit to codes
05/19/2009print number 1239a
06/02/2009reported referred to rules
06/08/2009reported
06/08/2009rules report cal.78
06/08/2009ordered to third reading rules cal.78
06/11/2009passed assembly
06/16/2009delivered to senate
06/15/2009REFERRED TO RULES
01/06/2010DIED IN SENATE
01/06/2010RETURNED TO ASSEMBLY
01/06/2010ordered to third reading cal.111
02/01/2010passed assembly
02/01/2010delivered to senate
02/01/2010REFERRED TO JUDICIARY
02/22/2010SUBSTITUTED FOR S2614A
02/22/20103RD READING CAL.53
04/07/2010SUBSTITUTION RECONSIDERED
04/07/2010RECOMMITTED TO JUDICIARY
06/15/2010recalled from senate
06/15/2010RETURNED TO ASSEMBLY
06/15/2010vote reconsidered - restored to third reading
06/15/2010amended on third reading 1239b
06/22/2010substituted by s2614b
 S02614 AMEND=B KLEIN
 02/25/2009REFERRED TO JUDICIARY
 04/21/2009REPORTED AND COMMITTED TO CODES
 05/22/2009AMEND AND RECOMMIT TO CODES
 05/22/2009PRINT NUMBER 2614A
 01/06/2010REFERRED TO JUDICIARY
 01/26/20101ST REPORT CAL.53
 02/01/20102ND REPORT CAL.
 02/02/2010ADVANCED TO THIRD READING
 02/22/2010SUBSTITUTED BY A1239A
  A01239 AMEND=B Lancman (MS)
  04/07/2010SUBSTITUTION RECONSIDERED
  04/07/2010RESTORED TO THIRD READING
  04/07/2010AMENDED ON THIRD READING 2614B
  06/15/2010PASSED SENATE
  06/15/2010DELIVERED TO ASSEMBLY
  06/15/2010referred to codes
  06/22/2010substituted for a1239b
  06/22/2010ordered to third reading cal.111
  06/22/2010passed assembly
  06/22/2010returned to senate
  10/08/2010DELIVERED TO GOVERNOR
  10/20/2010SIGNED CHAP.550
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A01239 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1239B
 
SPONSOR: Lancman (MS)
  TITLE OF BILL: An act to amend the real property law, in relation to enacting the "access to justice in lending act"   PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to allow borrowers in a foreclosure proceeding access to legal represen- tation by providing that mortgage agreements which allow a prevailing lender to recover attorneys fees in a foreclosure proceeding shall be read to allow prevailing borrowers to recover attorneys fees as well, thereby enabling borrowers with meritorious defenses to foreclosure to obtain the legal representation necessary to assert those defenses, similar to the reciprocal attorneys fees rights given tenants by Real Property Law Section 234.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Adds Real Property Law section 282 to provide that mortgage agreements which allow a prevailing lender to recover attorneys fees in a foreclosure proceeding shall be read to allow prevailing borrowers to recover attorneys fees as well.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 60 days after it shall have become law, These new provisions shall apply to all real property mortgages that are in exist- ence on or after such date, and apply to all actions and proceedings commenced on or after such date.
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A01239 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1239--B
                                                                Cal. No. 111
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  LANCMAN,  ALFANO,  JAFFEE, PERRY, MILLMAN --
          Multi-Sponsored by -- M. of A. PHEFFER, WEINSTEIN  --  read  once  and
          referred  to  the  Committee  on Banks -- reported and referred to the

          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- passed by
          Assembly and delivered to the Senate, recalled from the  Senate,  vote
          reconsidered,  bill amended, ordered reprinted, retaining its place on
          the order of third reading
 
        AN ACT to amend the real property  law,  in  relation  to  enacting  the
          "access to justice in lending act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "access  to
     2  justice in lending act".
     3    §  2.  The real property law is amended by adding a new section 282 to
     4  read as follows:
     5    § 282. Mortgagor's right to recover  attorneys'  fees  in  actions  or

     6  proceedings  arising  out  of  foreclosures of residential property.  1.
     7  Whenever a covenant contained in a mortgage on residential real property
     8  shall provide that in any action or proceeding to foreclose the mortgage
     9  that the mortgagee may recover attorneys' fees and/or expenses  incurred
    10  as the result of the failure of the mortgagor to perform any covenant or
    11  agreement  contained in such mortgage, or that amounts paid by the mort-
    12  gagee therefor shall be paid by the  mortgagor  as  additional  payment,
    13  there  shall  be implied in such mortgage a covenant by the mortgagee to
    14  pay to the mortgagor the  reasonable  attorneys'  fees  and/or  expenses
    15  incurred  by the mortgagor as the result of the failure of the mortgagee

    16  to perform any covenant or agreement on its part to be  performed  under
    17  the  mortgage  or  in the successful defense of any action or proceeding
    18  commenced by the mortgagee against the  mortgagor  arising  out  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01064-11-0

        A. 1239--B                          2
 
     1  contract,  and an agreement that such fees and expenses may be recovered
     2  as provided by law in an action commenced against the  mortgagee  or  by
     3  way of counterclaim in any action or proceeding commenced by the mortga-

     4  gee  against  the mortgagor. Any waiver of this section shall be void as
     5  against public policy.
     6    2.   For the purposes of this  section,  "residential  real  property"
     7  means  real  property  improved  by  a  one- to four-family residence, a
     8  condominium that is occupied by the mortgagor or a cooperative unit that
     9  is occupied by the mortgagor.
    10    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    11  have become a law, shall apply to residential real property mortgages in
    12  existence  on  or  after  such  date  and  shall  apply  to  actions and
    13  proceedings commenced on or after such date.
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