S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8630

                              2007-2008 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 22, 2007
                                      ___________

       Introduced  by M. of A. TITUS, WEINSTEIN, CLARK -- Multi-Sponsored by --
         M. of A. DESTITO, D. GORDON, JAFFEE, JEFFRIES, JOHN, LANCMAN,  LAVINE,
         MILLMAN, SWEENEY, YOUNG -- (at request of the Office of Court Adminis-
         tration) -- read once and referred to the Committee on Judiciary

       AN  ACT  to  amend the real property actions and proceedings law and the
         civil practice law and rules,  in  relation  to  providing  additional
         notice to mortgagors that a foreclosure action has been commenced

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The real property actions and proceedings law is amended by
    2  adding a new section 1320 to read as follows:
    3    S 1320. SPECIAL SUMMONS REQUIREMENT IN PRIVATE RESIDENCE CASES.  IN AN
    4  ACTION TO FORECLOSE A MORTGAGE ON A RESIDENTIAL PROPERTY CONTAINING  NOT
    5  MORE  THAN THREE UNITS, IN ADDITION TO THE USUAL REQUIREMENTS APPLICABLE
    6  TO A SUMMONS IN THE COURT, THE SUMMONS SHALL CONTAIN A NOTICE  IN  BOLD-
    7  FACE IN THE FOLLOWING FORM:
    8                                   NOTICE
    9                    YOU ARE IN DANGER OF LOSING YOUR HOME
   10    IF  YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY
   11  OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY  WHO  FILED  THIS
   12  FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT,
   13  A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME.
   14    SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR
   15  FURTHER  INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROP-
   16  ERTY.
   17    SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLO-
   18  SURE ACTION.
   19    YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE  ATTORNEY  FOR
   20  THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD10538-01-7

       A. 8630                             2

    1    S  2.  Subparagraph (iii) of paragraph 3 of subdivision (g) of section
    2  3215 of the civil practice law and rules, as added by chapter 77 of  the
    3  laws of 1986, is amended to read as follows:
    4    (iii)  This  requirement  shall not apply to cases in the small claims
    5  part of any court, or to any summary proceeding to recover possession of
    6  real property, or to actions affecting title to  real  property,  EXCEPT
    7  RESIDENTIAL MORTGAGE FORECLOSURE ACTIONS.
    8    S 3. This act shall take effect immediately.