BILL NUMBER: S3077
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to requiring plaintiffs to furnish proof that notice of possi-
ble foreclosure was delivered to the defendant
 
PURPOSE:
To require plaintiffs to furnish proof that notice of possible foreclo-
sure was delivered to defendant in a mortgage foreclosure.
 
SUMMARY OF PROVISIONS:
Section 1304 of the real property actions and proceedings law is amended
by section 4 of part HH of chapter 58 of the laws of 2018.
 
JUSTIFICATION:
Due to many New Yorkers struggling financially, a financial crisis
emerged causing citizens to fall behind on their mortgages and in many
instances leave or abandon their homes. This law would obligate plain-
tiffs to act in good faith and furnish an official proof of delivery
notice to borrowers in a foreclosure proceeding. If the plaintiff is
unable to furnish proof it is considered an affirmative defense in the
proceedings.
 
LEGISLATIVE HISTORY:
2024: S1841 Comrie
2022: S3734 Comrie
 
FISCAL & LOCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately after the bill has become law.

Statutes affected:
S3077: 1304 real property actions and proceedings law, 1304(2) real property actions and proceedings law