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Bill > S03077
NY S03077
NY S03077Requires plaintiffs to furnish official proof of delivery demonstrating that notice of possible foreclosure was delivered to the defendant.
summary
Introduced
01/23/2025
01/23/2025
In Committee
01/23/2025
01/23/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 General Assembly
Bill Summary
AN ACT to amend the real property actions and proceedings law, in relation to requiring plaintiffs to furnish proof that notice of possible foreclosure was delivered to the defendant
AI Summary
This bill amends the Real Property Actions and Proceedings Law to strengthen notice requirements in potential foreclosure situations by mandating that lenders, mortgage assignees, or mortgage loan servicers provide official proof of delivery when sending foreclosure notices to borrowers. Specifically, the bill requires that notices be sent by registered or certified mail with a request for official proof of delivery to the borrower's last known address and the property's address. The notices must be sent in a separate envelope and include a current list of at least five housing counseling agencies serving the county where the property is located. Importantly, the bill introduces an affirmative defense in foreclosure proceedings if the plaintiff (lender) cannot furnish official proof of delivery or show evidence that the borrower refused acceptance of the notice. This change aims to provide additional protection for borrowers by ensuring they have received critical information about potential foreclosure and have access to housing counseling resources, while also creating a legal mechanism to challenge foreclosure proceedings if proper notice cannot be demonstrated.
Committee Categories
Housing and Urban Affairs
Sponsors (1)
Last Action
REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT (on 01/23/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.nysenate.gov/legislation/bills/2025/S3077 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S03077&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S03077 |
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