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S04190 Summary:

S04190 Actions:

S04190 Committee Votes:

S04190 Floor Votes:

S04190 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4190
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      March 4, 2019
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT  to  amend the real property actions and proceedings law and the
          civil practice law and rules, in relation to including  the  name  and
          telephone  number  of the mortgage servicer for a plaintiff in a mort-
          gage foreclosure action on certain documents pertaining to such action
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 1321 of the real property actions
     2  and proceedings law, as added by chapter 312 of the  laws  of  1962,  is
     3  amended to read as follows:
     4    1.  If  the  defendant  fails to answer within the time allowed or the
     5  right of the plaintiff is admitted by the answer,  upon  motion  of  the
     6  plaintiff,  the  court  shall ascertain and determine the amount due, or
     7  direct a referee to compute the amount due to the plaintiff and to  such
     8  of  the defendants as are prior incumbrancers of the mortgaged premises,
     9  and to examine and report whether the mortgaged premises can be sold  in
    10  parcels  and, if the whole amount secured by the mortgage has not become
    11  due, to report the amount thereafter to become due. Where the  defendant
    12  is an infant, and has put in a general answer by his guardian, or if any
    13  of the defendants be absentees, the order of reference also shall direct
    14  the  referee  to take proof of the facts and circumstances stated in the
    15  complaint and to examine the plaintiff or his agent, on oath, as to  any
    16  payments which have been made. The order of reference shall also include
    17  the  name  and telephone number of the mortgage servicer for a plaintiff
    18  involving a mortgage foreclosure of a one-  to  four-family  residential
    19  property.
    20    §  2.  Subdivision  1 of section 1351 of the real property actions and
    21  proceedings law, as amended by section 8 of part Q of chapter 73 of  the
    22  laws of 2016, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00376-01-9
        S. 4190                             2
 
     1    1.  The  judgment shall direct that the mortgaged premises, or so much
     2  thereof as may  be  sufficient  to  discharge  the  mortgage  debt,  the
     3  expenses  of the sale and the costs of the action, and which may be sold
     4  separately without material injury to the parties interested, be sold by
     5  or under the direction of the sheriff of the county, or a referee within
     6  ninety days of the date of the judgment. The judgment shall also include
     7  the  name  and telephone number of the mortgage servicer for a plaintiff
     8  involving a mortgage foreclosure of a one-  to  four-family  residential
     9  property.
    10    § 3. Subdivision (b) of rule 6511 of the civil practice law and rules,
    11  such  rule  as renumbered by chapter 318 of the laws of 1962, is amended
    12  to read as follows:
    13    (b) Content; designation of index. A notice of  pendency  shall  state
    14  the names of the parties to the action, including the name and telephone
    15  number  of  the  mortgage  servicer  for a foreclosing party involving a
    16  mortgage foreclosure of a one- to four-family residential property,  the
    17  object  of  the  action  and  a  description of the property affected. A
    18  notice of pendency filed with a clerk who maintains a block index  shall
    19  contain a designation of the number of each block on the land map of the
    20  county  which  is affected by the notice. Except in an action for parti-
    21  tion a notice of pendency filed with a clerk who  does  not  maintain  a
    22  block  index  shall contain a designation of the names of each defendant
    23  against whom the notice is directed to be indexed.
    24    § 4. This act shall take effect immediately.