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Bill > S03077


NY S03077

NY S03077
Requires plaintiffs to furnish official proof of delivery demonstrating that notice of possible foreclosure was delivered to the defendant.


summary

Introduced
01/23/2025
In Committee
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)

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