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History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
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.
Provides for legal representation in certain mortgage foreclosure actions
In Assembly Committee · Judiciary · Sponsor Walter T. Mosley
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3751
Title of bill
An act to amend the real property actions and proceedings law and the county law, in relation to representation of certain persons in private residential foreclosure actions
Purpose
This amendment would provide a home owner in a foreclosure preceding who is financially unable to obtain counsel with the right to assigned counsel by the court.
Summary of provisions
Section 1308 of the real property Actions and Proceedings Law is amended to assign counsel to homeowners in a foreclosure proceeding who are financially unable to obtain counsel.
Justification
Present law provides a right to court-appointed counsel in limited civil litigation matters, including certain family or surrogate court cases. However, no such right exists when a New York State resident is threatened with the loss of his or her home. The overwhelming majority of homeowners in foreclosure proceeding have no legal representation. As the subprime lending crisis sweeps across New York State, it is estimated that tens of thousands of state residents may face foreclosure in the near future. This bill will confront this crisis and prevent dramatic declines in home ownership by providing a right to legal representation for those who cannot afford it.
Legislative history
01/06/10: A.464 - Referred to Housing
Fiscal implications
None.
Effective date
First of January next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.