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S475Senate2017-2018 SessionSame asA1387

Require Mortgage Ownership Document

Official title

“Requires a recording officer not to record or accept a transfer or assignment of interest in a mortgage unless accompanied with a mortgage ownership assignment”

Sponsor José PeraltaSD-13Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires non-natural persons to file a specific mortgage ownership assignment document when recording mortgage transfers or assignments, imposing penalties for non-compliance.

Why it matters

  1. Increases transparency and accountability. By requiring non-natural persons (such as corporations, LLCs, or trusts) to file a detailed mortgage ownership assignment document, this bill makes it easier for the public, regulators, and homeowners to identify who actually owns or controls a mortgage.

  2. Aims to reduce confusion in foreclosure and property disputes. The clear documentation of mortgage ownership may help prevent legal challenges and delays that often arise in foreclosure proceedings when ownership is unclear or contested.

  3. Imposes a financial penalty for non-compliance. A $250 civil penalty for failing to file the required document within 90 days creates a tangible incentive for timely and accurate reporting, potentially leading to better record-keeping industry-wide.

  4. Supports local government operations. The money collected from penalties is directed to fund the operations of local recording offices, potentially improving public services and administrative efficiency.

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Who cares

Headline styles

Require Mortgage Ownership Document

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
José Peralta

Senator · Senate District 13

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A1387Assembly

Require Proof for Mortgage Transfers

Assembly Floor Calendar · Sponsor Helene Weinstein

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

475

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to the recording of a transfer or assignment of a mortgage interest

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The real property law is amended by adding a new section 291-k to read as follows:

§ 291-k. Recording of transfers and assignments of mortgages; mortgage ownership assignment document. 1. A recording officer shall not record or accept for recording any mortgage or assignment of mortgage made by a non-natural person affecting land in this state unless accompanied by a mortgage ownership assignment document in a form prescribed by this section and the fee prescribed pursuant to section eight thousand twenty-one of the civil practice law and rules. Such form shall be recorded no later than ninety days after the date of the acknowledgment or proof of such instrument.

2. The form of the Mortgage Ownership Assignment Document shall be as follows:

Mortgage Ownership Assignment Document

Name of mortgagee or assignee:

________________________________________________________________________

Address:

________________________________________________________________________

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00075-01-7

S. 475 2

Phone number:

________________________________________________________________________

Date that mortgage or assignment was acknowledged or proved:

________________________________________________________________________

Authorized representative of mortgagee or assignee:

________________________________________________________________________

3. Failure to record a mortgage or assignment of mortgage made by a non-natural person affecting land in this state by the date specified in subdivision one of this section, shall subject the mortgagee or assignee who fails to comply with this section to a civil penalty of two hundred fifty dollars. The penalty shall be assessed by, and payable to, the recording officer. Penalties collected pursuant to this subdivision shall be used to support recording officer operations.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all mortgages or assignments of mortgages executed on or after such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property law, in relation to the recording of a transfer or assignment of a mortgage interest

Purpose of bill

To require parties to record an ownership transfer document with the County Clerk or City Register when there is an assignment or transfer of the ownership of the mortgage note which convey the right to receive mortgage payments.

Summary of provisions of bill

This bill amends the Real Property Law by adding a new section 291-n. This bill requires any recording of a mortgage or assignment of a mortgage made to a non-natural person affecting land in the state to be accompanied by a mortgage ownership transfer document. Further, this bill contains the "mortgage ownership transfer document" and creates a civil penalty of $250 for failure to record a mortgage or assignment.

Justification

The recording statutes have been eclipsed by the passage of time and no longer contain a complete public record of the ownership of real property. The changing business practices of the mortgage industry have led to the free trading of the legal instruments which represent the right to collect the stream of mortgage payments from real property borrowers. Private record keeping entities keep a real time record of such transactions to facilitate real time trading. However, the recording statutes have been interpreted by the courts as not requiring parties to record ownership interests. Thus, borrowers can no longer ascertain the identity of the owner{s) of their promissory notes through simple access to the public record. This prevents ready communication between the homeowner and the owner of their legal instruments. In this time of turmoil in housing and mortgage lending, this inability to contact the actual owner of their mortgage note leaves a distressed borrower unable to contact their note owner. This situation requires an update to the recording statutes so they can once again perform their purpose of recording the ownership interests of real property.

In order for these amendments to be meaningful, each new owner of the legal instruments will be required to record their name - whether business or personal, the address and current phone number on the transferor assignment form. Any agent of such new owner who physically records such interest must record the assignment or transfer in the name of the actual owner.

Legislative history

2015-2016-S.1278 2013-2014 -S.44 2011-12: S.667-B 2009 - Referred to Judiciary

Fiscal implications for state and local governments

Undetermined.

Effective date

Ninety days after becoming law.

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