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S2614Senate2009-2010 SessionSame asA1239

Enacts the "access to justice in lending act"

Sponsor Jeffrey D. KleinSD-34+8 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Why it matters

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Who cares

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History

  1. Signed chap.550
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.111
  6. Substituted for A1239B
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 32–28
  10. Amended on third reading 2614b
  11. Restored to third reading
  12. Substitution reconsidered
Show 9 earlier actions
  1. Substituted by A1239A
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.53
  5. Referred to judiciary
  6. Print number 2614a
  7. Amend and recommit to codes
  8. Reported and committed to codes
  9. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1239Assembly

Enacts the "access to justice in lending act"

Assembly Floor Calendar · Sponsor Rory Lancman

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the real property law, in relation to enacting the "access to justice in lending act"

Purpose or general idea of the bill

The purpose of this bill is to allow borrowers in a foreclosure proceeding access to legal representation by providing that mortgage agreements which allow a prevailing lender to recover attorneys fees in a foreclosure proceeding shall be read to allow prevailing borrowers to recover attorneys fees as well, thereby enabling borrowers with meritorious defenses to foreclosure to obtain the legal representation necessary to assert those defenses, similar to the reciprocal attorneys fees rights given tenants by Real Property Law Section 234.

Summary of specific provisions

Section 1: Adds Real Property Law section 282 to provide that mortgage agreements which allow a prevailing lender to recover attorneys fees in a foreclosure proceeding shall be read to allow prevailing borrowers to recover attorneys fees as well.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

60 days after it shall have become law. These new provisions shall apply to all real property mortgages that are in existence on or after such date, and apply to all actions and proceedings commenced on or after such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.