NY A07264 | 2011-2012 | General Assembly

Status

Spectrum: Partisan Bill (Democrat 38-0)
Status: Introduced on April 25 2011 - 25% progression, died in committee
Action: 2012-01-04 - referred to judiciary
Pending: Assembly Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Establishes certain proof and settlement requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding; provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time; requires the plaintiff in a foreclosure action to affirm that it is the holder and owner, or its delegated agent, of the subject mortgage and note; the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

Tracking Information

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Title

Establishes certain proof and settlement requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding; provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time; requires the plaintiff in a foreclosure action to affirm that it is the holder and owner, or its delegated agent, of the subject mortgage and note; the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

Sponsors


History

DateChamberAction
2012-01-04Assemblyreferred to judiciary
2011-05-12Assemblyadvanced to third reading cal.352
2011-05-10Assemblyreported
2011-04-25Assemblyreferred to judiciary

Same As/Similar To

S05636 (Same As) 2012-01-04 - REFERRED TO JUDICIARY

New York State Sources


Bill Comments

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