Bill Text: NY A06976 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action involving a one- to four-family residential property on certain documents pertaining to such action.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2020-11-11 - SIGNED CHAP.269 [A06976 Detail]

Download: New_York-2019-A06976-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6976
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 29, 2019
                                       ___________
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Judiciary
        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

        A. 6976                             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.
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