Bill Text: NY S04882 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court at least thirty days before commencing foreclosure proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04882 Detail]

Download: New_York-2017-S04882-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4882
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced  by  Sen.  DIAZ  --  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, in
          relation to requiring lenders, assignees and mortgage  loan  servicers
          to  submit  an  affidavit to the court prior to commencing foreclosure
          proceedings
          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 1304-a to read as follows:
     3    §  1304-a.  Required affidavit. 1. Notwithstanding any other provision
     4  of law, at least thirty days before a lender, an assignee or a  mortgage
     5  loan  servicer commences a mortgage foreclosure proceeding, such lender,
     6  assignee or mortgage loan servicer shall provide the court in which they
     7  are bringing such action, a signed affidavit that such lender,  assignee
     8  or  mortgage  loan  servicer has a bond or note secured by a mortgage on
     9  such real property.
    10    2. A false statement contained in such affidavit  shall  constitute  a
    11  violation  of  this  section.  Any  person  who  knowingly  violates the
    12  provisions of this section shall be guilty of a class E felony.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07242-01-7