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S4954Senate2017-2018 SessionSame asA5376

Require Acceptance of Partial Payments

Official title

“Prohibits mortgagee from refusing to accept partial mortgage payments”

Sponsor Ruben DiazSD-32Affects Legal
Status
In Senate Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill prohibits mortgage lenders in New York from refusing to accept partial mortgage payments from borrowers.

Why it matters

  1. Helps struggling homeowners avoid immediate foreclosure. by allowing them to make partial payments, which may reduce late fees, default notices, and the risk of losing their homes when they cannot pay the full amount due.

  2. Limits lender power and increases borrower leverage. by preventing mortgage holders from rejecting partial payments, effectively giving borrowers more flexibility in managing temporary financial hardships.

  3. Protects existing legal rights of borrowers. since the bill explicitly states that it does not limit any other contractual or statutory remedies available to mortgagors, ensuring this new protection works alongside other consumer safeguards.

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Who cares

  • Mortgage borrowers behind on payments

    The bill would require mortgagees to accept partial payments even when those payments do not bring borrowers current on their mortgage debt.

  • Banks and other mortgage lenders

    Mortgagees would be barred from refusing partial payments that leave an outstanding amount due.

  • Borrower advocates and legal aid attorneys

    The bill would preserve borrowers’ other contractual and statutory rights and remedies alongside the partial-payment requirement.

Headline styles

Require Acceptance of Partial Payments

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

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

No co-sponsors yet.

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.

A5376Assembly

Require Partial Mortgage Payments

In Assembly Committee · Judiciary · Sponsor Michele Titus

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4954

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sen. DIAZ -- 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 prohibiting mortgagee from refusing to accept partial mortgage payments

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 254-e to read as follows:

§ 254-e. Refusal by mortgagee to accept partial mortgage payments. 1. No mortgagee shall refuse to accept a partial payment of an entire amount due from a mortgagor which does not bring the mortgagor current on his or her mortgage debt.

2. The provisions of this section shall not bar any other contractual or statutory rights or remedies available to a mortgagor.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

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

[ ] is old law to be omitted.

LBD02620-01-7

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 prohibiting mortgagee 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

Section 1. Amends the Real Property Tax law by adding a new section 254-e. Provides that no mortgagee shall refuse to accept partial payment on a mortgage which does not bring the mortgagor current on the mortgage debt.

Section 2. Effective Date

Existing law

None

Justification

Due to the state of the economy, many people may find themselves in dire straits, due to loss of employment, under-employment, or illness. Despite these circumstances, many people 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 mortgagors an incentive and opportunity to redeem their property; and limit the destructive effects of foreclosure and its concomitant societal concerns.

Legislative history

2016: S.233 -REFERRED TO JUDICIARY/A.1226 - referred to judiciary 2015: S.233- REFERRED TO JUDICIARY/A.1226 - referred to judiciary 2014: S.317- Referred to Judiciary/A.2069 - Enacting Clause Stricken /A.9276 Referred to Judiciary 2013: S.317 -Referred to Judiciary/A.2069- Referred to Judiciary 2012: S.6541- Referred to Judiciary/A.8040 - Referred to Judiciary 2011: A.8040-Referred to Judiciary Banks, Reference changed to Judiciary

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.