Add S1305, amd S1303, RPAP L; amd Art 18-B Art head & S722, County L
Provides for free legal representation in certain mortgage foreclosure actions where the homeowner is financially unable to obtain counsel; requires notice of such availability.
STATE OF NEW YORK
________________________________________________________________________
464
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the real property actions and proceedings law and the
county law, in relation to representation of certain persons in
private residential foreclosure actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property actions and proceedings law is amended by
2 adding a new section 1305 to read as follows:
3 § 1305. Assignment of counsel. A homeowner in a foreclosure action who
4 is financially unable to obtain counsel for representation in such
5 action shall have a right to assigned counsel by the court. Assignment
6 of counsel issued under this section shall be implemented as provided in
7 article eighteen-B of the county law.
8 § 2. Subdivision 3 of section 1303 of the real property actions and
9 proceedings law, as amended by chapter 472 of the laws of 2008, is
10 amended to read as follows:
11 3. The notice required by this section shall appear as follows:
12 Help for Homeowners in Foreclosure
13 New York State Law requires that we send you this notice about the
14 foreclosure process. Please read it carefully.
15 Summons and Complaint
16 You are in danger of losing your home. If you fail to respond to the
17 summons and complaint in this foreclosure action, you may lose your
18 home. Please read the summons and complaint carefully. You should imme-
19 diately contact an attorney or your local legal aid office to obtain
20 advice on how to protect yourself.
21 Sources of Information and Assistance
22 The State encourages you to become informed about your options in
23 foreclosure. In addition to seeking assistance from an attorney or legal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00171-01-9
A. 464 2
1 aid office, there are government agencies and non-profit organizations
2 that you may contact for information about possible options, including
3 trying to work with your lender during this process. You may be entitled
4 to assigned counsel if you are financially unable to obtain represen-
5 tation.
6 To locate an entity near you, you may call the toll-free helpline
7 maintained by the New York State Banking Department at _____________
8 (enter number) or visit the Department's website at _______________
9 (enter web address).
10 Foreclosure rescue scams
11 Be careful of people who approach you with offers to "save" your home.
12 There are individuals who watch for notices of foreclosure actions in
13 order to unfairly profit from a homeowner's distress. You should be
14 extremely careful about any such promises and any suggestions that you
15 pay them a fee or sign over your deed. State law requires anyone offer-
16 ing such services for profit to enter into a contract which fully
17 describes the services they will perform and fees they will charge, and
18 which prohibits them from taking any money from you until they have
19 completed all such promised services.
20 § 3. The article heading of article 18-B of the county law, as amended
21 by chapter 682 of the laws of 1977, is amended to read as follows:
22 REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
23 FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN FORECLOSURE
24 ACTIONS
25 § 4. The opening paragraph of section 722 of the county law, as
26 amended by chapter 7 of the laws of 2007, is amended to read as follows:
27 The governing body of each county and the governing body of the city
28 in which a county is wholly contained shall place in operation through-
29 out the county a plan for providing counsel to persons charged with a
30 crime or who are entitled to counsel pursuant to section two hundred
31 sixty-two or section eleven hundred twenty of the family court act,
32 article six-C of the correction law, section four hundred seven of the
33 surrogate's court procedure act [or], article ten of the mental hygiene
34 law or section thirteen hundred five of the real property actions and
35 proceedings law, who are financially unable to obtain counsel. Each plan
36 shall also provide for investigative, expert and other services neces-
37 sary for an adequate defense. The plan shall conform to one of the
38 following:
39 § 5. This act shall take effect on the first of January next succeed-
40 ing the date on which it shall have become a law.
