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S4190Senate2019-2020 SessionSame asA6976

List Mortgage Servicer Contact Info

Official title

“Relates to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action on certain documents pertaining to such action”

Sponsor Timothy M. KennedySD-63+4 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill requires the name and telephone number of the mortgage servicer to be included in key foreclosure documents for one- to four-family residential properties.

Why it matters

  1. Increases transparency for homeowners. By requiring foreclosure documents to include the name and phone number of the mortgage servicer, homeowners facing foreclosure will know exactly whom to contact for questions, negotiations, or to resolve disputes.

  2. Improves accountability of mortgage servicers. Clearly identifying the servicer in official documents makes it harder for servicers to evade responsibility, as borrowers will have a direct line of communication and a record of who is managing their account.

  3. May help prevent unnecessary foreclosures. Easier access to servicer information could allow homeowners to address misunderstandings or payment issues more quickly, potentially reducing the number of foreclosures that occur due to miscommunication.

  4. Standardizes foreclosure process documentation. By mandating this information be present in key documents (order of reference, judgment, notice of pendency), the bill ensures consistency across foreclosure proceedings, which can help courts, attorneys, and property owners navigate the process more efficiently.

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Who cares

Headline styles

List Mortgage Servicer Contact Info

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

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

History

  1. Signed chap.269
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.234
  6. Substituted for A6976
  7. Referred to judiciary
  8. Delivered to assembly
  9. Passed senateVote 60–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.417
Show 6 earlier actions
  1. Referred to housing, construction and community development
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.276
  6. 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.

A6976Assembly

List Mortgage Servicer Contact Info

Assembly Floor Calendar · Sponsor Monica P. Wallace

Impact 3 · Low0% to pass

Full text

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

STATE OF NEW YORK

4190

2019-2020 Regular Sessions

IN SENATE

March 4, 2019

Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development

AN ACT to amend the real property actions and proceedings law and the civil practice law and rules, in relation to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action on certain documents pertaining to such action

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

Section 1. Subdivision 1 of section 1321 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended to read as follows:

1. If the defendant fails to answer within the time allowed or the right of the plaintiff is admitted by the answer, upon motion of the plaintiff, the court shall ascertain and determine the amount due, or direct a referee to compute the amount due to the plaintiff and to such of the defendants as are prior incumbrancers of the mortgaged premises, and to examine and report whether the mortgaged premises can be sold in parcels and, if the whole amount secured by the mortgage has not become due, to report the amount thereafter to become due. Where the defendant is an infant, and has put in a general answer by his guardian, or if any of the defendants be absentees, the order of reference also shall direct the referee to take proof of the facts and circumstances stated in the complaint and to examine the plaintiff or his agent, on oath, as to any payments which have been made. The order of reference shall also include the name and telephone number of the mortgage servicer for a plaintiff involving a mortgage foreclosure of a one- to four-family residential property.

§ 2. Subdivision 1 of section 1351 of the real property actions and proceedings law, as amended by section 8 of part Q of chapter 73 of the laws of 2016, is amended to read as follows:

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

[ ] is old law to be omitted.

LBD00376-01-9

S. 4190 2

1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of the action, and which may be sold separately without material injury to the parties interested, be sold by or under the direction of the sheriff of the county, or a referee within ninety days of the date of the judgment. The judgment shall also include the name and telephone number of the mortgage servicer for a plaintiff involving a mortgage foreclosure of a one- to four-family residential property.

§ 3. Subdivision (b) of rule 6511 of the civil practice law and rules, such rule as renumbered by chapter 318 of the laws of 1962, is amended to read as follows:

(b) Content; designation of index. A notice of pendency shall state the names of the parties to the action, including the name and telephone number of the mortgage servicer for a foreclosing party involving a mortgage foreclosure of a one- to four-family residential property, the object of the action and a description of the property affected. A notice of pendency filed with a clerk who maintains a block index shall contain a designation of the number of each block on the land map of the county which is affected by the notice. Except in an action for partition a notice of pendency filed with a clerk who does not maintain a block index shall contain a designation of the names of each defendant against whom the notice is directed to be indexed.

§ 4. This act shall take effect immediately.

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 actions and proceedings law and the civil practice law and rules, in relation to including the name and telephone number of the mortgage servicer for a plaintiff in a mortgage foreclosure action on certain documents pertain- ing to such action

Purpose

The purpose of this bill is to require the loan servicer's name and phone number be included at multiple points in mortgage foreclosu re proceedings.

Summary of provisions

Section 1 amends section 1321 of the real property actions and proceedings law to have the name and telephone number of the mortgage servicer added to the order of reference for plaintiffs who are involved in a mortgage foreclosure of a one- to four-family residenti al proper- ty.

Section 2 amends section 1351 of the real property actions and proceedings law to have the name and telephone number of the mortgage servicer added to the judgement for plaintiffs who are involved in a mortgage foreclosure of a one- to four-family residential proper ty.

Section 3 amends rule 6511 of the civil practice law and rules to require the name and telephone number of the mortgage servicer adde d to the notice of pendency for plaintiffs who are involved in a mortgage foreclosure of a one-to four-family residential property.

Section 4 sets the effective date.

Justification

Zombie properties put all neighborhoods at risk because abandoned homes invite crime, lower property values and place an undue burden on local governments. The New York State Abandoned Property Neighborhood Relief Act of 2016 addressed many of these problems by requiring a loan servi- cer, whether a bank or other entity, to maintain the residential proper- ty on a delinquent mortgage.

This proposed legislation will fill in some of the gaps by requiring that a mortgage servicer's name and telephone number be listed f or any mortgage foreclosure of a one- to four-family residential property in a Notice of Pendency (Lis Pendens), the Order of Reference, and the Judge- ment of Sale.

With this information listed, local municipal officials will have an efficient way to contact the loan servicer to ensure that mainte nance obligations are enforced.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

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