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A08478 Summary:

BILL NOA08478
 
SAME ASNo Same As
 
SPONSORWozniak
 
COSPNSR
 
MLTSPNSR
 
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.
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A08478 Text:



 
                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.
                                                                   LBD11900-01-5

        A. 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.
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