Bill Text: NY A08457 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires plaintiffs to furnish official proof of delivery demonstrating that notice of possible foreclosure was delivered to the defendant.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-07-08 - referred to judiciary [A08457 Detail]

Download: New_York-2019-A08457-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8457

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      July 8, 2019
                                       ___________

        Introduced  by  M.  of A. WRIGHT, TAYLOR, SAYEGH, WILLIAMS, GOTTFRIED --
          read once and referred to the Committee on Judiciary

        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  requiring  plaintiffs  to  furnish  proof that notice of
          possible foreclosure was delivered to the defendant

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 2 of section 1304 of the real property actions
     2  and proceedings law, as amended by section 4 of part HH of chapter 58 of
     3  the laws of 2018, is amended to read as follows:
     4    2. The notices required by this section shall be sent by such  lender,
     5  assignee  (including  purchasing  investor) or mortgage loan servicer to
     6  the borrower, by registered or certified mail and  also  by  first-class
     7  mail  with  a  request for official proof of delivery, to the last known
     8  address of the borrower, and to the residence that is the subject of the
     9  mortgage. The notices required by this section  shall  be  sent  by  the
    10  lender,  assignee  or mortgage loan servicer in a separate envelope from
    11  any other mailing or notice. Notice is considered given as of  the  date
    12  it is mailed, provided that the lender, assignee or mortgage loan servi-
    13  cer  is able to furnish official proof of delivery of such notice, or if
    14  acceptance was refused by the borrower, the  original  envelope  with  a
    15  notation by the postal authorities that acceptance was refused. It shall
    16  be an affirmative defense in a foreclosure proceeding that the plaintiff
    17  is unable to furnish official proof of delivery or the original envelope
    18  with  a  notation by the postal authorities that acceptance was refused,
    19  as required by this subdivision. The notices required  by  this  section
    20  shall  contain  a current list of at least five housing counseling agen-
    21  cies serving the county where the property  is  located  from  the  most
    22  recent listing available from department of financial services. The list
    23  shall  include  the  counseling agencies' last known addresses and tele-
    24  phone numbers. The department of financial services shall make available

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11913-01-9

        A. 8457                             2

     1  on its websites a listing, by county,  of  such  agencies.  The  lender,
     2  assignee  or  mortgage  loan  servicer  shall use such lists to meet the
     3  requirements of this section.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.
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