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A07708 Summary:

BILL NOA07708A
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSR
 
MLTSPNSR
 
Amd §333, RP L; amd §§6-n & 14, Bank L
 
Relates to preventing fraudulent deed transfers; protects home owners from being misled into transferring their home to mortgage servicers.
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A07708 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7708--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 8, 2025
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the real property law and the banking law,  in  relation
          to preventing fraudulent deed transfers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 333 of the real property law is amended by adding a
     2  new subdivision 4 to read as follows:
     3    4. (a) A recording officer shall not record or  accept  for  recording
     4  any  conveyance of real property affecting land in New York state unless
     5  such conveyance contains, or is accompanied by an  addendum  containing,
     6  explicit  and  bold language that reads, "YOU ARE HEREBY MADE AWARE THAT
     7  BY SIGNING THIS DEED YOU ARE TRANSFERRING  OWNERSHIP  OF  YOUR  LAND  OR
     8  HOME",  with  a signature line under such language which shall contain a
     9  notarized signature of the transferor.  Failure of a  person  or  corpo-
    10  ration  to use a deed without such warning language or if the transferor
    11  does not sign the acknowledgement to complete such deed transfer  pursu-
    12  ant to this section shall be subject to civil penalties as follows:
    13    (i) two hundred fifty dollars for a first violation;
    14    (ii) five hundred dollars for a second violation; or
    15    (iii) one thousand dollars for a third or subsequent violation.
    16    (b) Each deed or addendum that fails to comply with this section shall
    17  constitute  a  separate violation. Civil penalties may be imposed by the
    18  secretary of state following notice and an opportunity to be  heard,  or
    19  may  be  recovered  in  a  civil action brought by the attorney general.
    20  Nothing in this section shall limit existing remedies  to  void  or  set
    21  aside fraudulent conveyances under any other law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07911-04-6

        A. 7708--A                          2
 
     1    §  2. Section 6-n of the banking law is amended by adding a new subdi-
     2  vision 3 to read as follows:
     3    3.  No  deed  transfer  from a borrower to a mortgage servicer that is
     4  transferred as part of a modification of mortgage terms shall be consid-
     5  ered a valid deed transfer. The department shall have the  authority  to
     6  investigate any deed transfer that is in violation of this subdivision.
     7    §  3.  Subdivision  1  of  section 14 of the banking law is amended by
     8  adding a new paragraph (t) to read as follows:
     9    (t) To prescribe the methods and standards under which the  department
    10  shall  receive  and  investigate  claims  of  fraudulent deed transfers,
    11  including, but not limited to deed transfers that are  in  violation  of
    12  subdivision three of section six-n of this chapter.
    13    § 4. This act shall take effect immediately.
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