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S6541Senate2011-2012 SessionSame asA8040

Prohibits mortgagee from refusing to accept partial mortgage payments

Sponsor Ruben DiazSD-32+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

1 Co-sponsor

History

  1. 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.

A8040Assembly

Prohibits mortgagee from refusing to accept partial mortgage payments

In Assembly Committee · Judiciary · Sponsor Eric Stevenson

Full text

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

Sponsor's memo

BILL NUMBER:S6541

Title of bill

An act to amend the real property law, in relation to prohibiting mort- gagee from refusing to accept partial mortgage payments

Purpose

To require that banks, lenders and mortgagees accept partial mortgage payments which represent at a minimum a mortgage payment but not the total arrearages that may be due and owing.

Summary of provisions

It has become apparent that banks, lenders and mortgagees have taken the position that they will not accept mortgage payments under circumstances where those payments fail to bring the mortgage current.

In some instances they accept payments but do not apply them to the outstanding arrearages and place them in a suspension account where they hold the funds but do not apply them to the arrearages.

Justification

Due to the state of the economy many people may find themselves in dire straits, due to lost of employment, under employment, or illness and despite these circumstances are still attempting to pay their mortgage obligations and many may fall into arrears.

The banks, lenders or mortgagees have taken the position that they will only accept the total amount of the arrearages or if they do take a payment they will not apply it to the outstanding indebtedness while placing it into a special account which gains interest; but neither the payment or interest is credited to the mortgagor's arrearages on their mortgage.

The provisions of this proposed section will allow payments to be received and credited and will not act as a bar to any procedural rights of the banks, lenders or mortgagees.

The aim of this bill is to forestall foreclosures and give mortgagor's an incentive and opportunity to redeem their property; and limit the destructive effects of foreclosure and its concomitant societal concerns.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

Takes effect on the thirtieth day after it shall become a law.

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