|SAME AS||No Same As|
|Amd S1307, RPAP L|
|Requires notice in foreclosure actions; requires notice to municipalities by the mortgagee and requires notice to mortgagor of their right to remain on the property until final judgment.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 8478 2015-2016 Regular Sessions IN ASSEMBLY October 9, 2015 ___________ Introduced by M. of A. WOZNIAK -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to establishing a duty for a plaintiff in a mortgage foreclo- sure action, and/or a mortgagee or its loan servicing agent to provide written notice to both the mortgagor and the municipality in which such residential real property is located The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 7 and 8 of section 1307 of the real property 2 actions and proceedings law are renumbered subdivisions 8 and 9 and a 3 new subdivision 7 is added to read as follows: 4 7. (a) Where a plaintiff in a mortgage foreclosure action, and/or a 5 mortgagee or its loan servicing agent has filed lis pendens due to a 6 mortgagor's past due payments on a mortgage loan secured by residential 7 real property, the plaintiff in the mortgage foreclosure action, and/or 8 a mortgagee or its loan servicing agent shall provide written notice to 9 the county clerks of the county in which such residential real property 10 is located, including, but not limited to the address of the residential 11 real property and the mortgagee or loan servicing agent's telephone 12 number and address. 13 (b) Where a plaintiff in a mortgage foreclosure action, and/or a mort- 14 gagee or its loan servicing agent has filed lis pendens due to a 15 mortgagor's past due payments on a mortgage loan secured by residential 16 real property, the plaintiff in the mortgage foreclosure action, and/or 17 a mortgagee or its loan servicing agent shall provide written notice to 18 the mortgagor stating that the mortgagor has the right to remain on the 19 residential real property until he or she is ordered to leave the prop- 20 erty by a court of competent jurisdiction. 21 (c) Wherever a plaintiff in a mortgage foreclosure action, and/or a 22 mortgagee or its loan servicing agent, violates this subdivision, an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11900-01-5A. 8478 2 1 application may be made by the attorney general in the name of the 2 people of the state of New York to a court or justice having jurisdic- 3 tion by a special proceeding to issue an injunction, and upon notice to 4 the defendant of not less than ten days, to enjoin or restrain the 5 continuance of such violation; and if it shall appear to the satisfac- 6 tion of the court or justice that the defendant has, in fact, violated 7 this subdivision, an injunction may be issued by such court or justice, 8 enjoining and restraining any further violation. Whenever the court 9 shall determine that there has been a violation of this subdivision by a 10 plaintiff in a mortgage foreclosure action, and/or a mortgagee or its 11 loan servicing agent, the court may impose a civil penalty of up to five 12 hundred dollars for each violation. The provisions of this subdivision 13 may also be enforced by any municipality in which the vacant property is 14 located, provided that the locality or municipality provides the attor- 15 ney general with written notice at least ten day prior to commencing 16 such an action under this subdivision. Any civil penalty imposed pursu- 17 ant to this subdivision in an action brought by a municipality shall be 18 retained by such municipality. This subdivision shall not preempt, 19 reduce or limit any rights or obligations imposed by any local law with 20 respect to property maintenance and the locality's ability to enforce 21 those laws. 22 § 2. This act shall take effect immediately.