Bill Text: NY A00162 | 2013-2014 | 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) 2014-01-08 - referred to judiciary [A00162 Detail]

Download: New_York-2013-A00162-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          162
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Judiciary
       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    S  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    S 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.
                                                                  LBD00967-01-3