New York A 9352: Directs how certain valuations and computations of the amount due are calculated in certain foreclosure actions

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A09352 Summary:

BILL NOA09352 

&nbsp

SAME ASSAME AS S08595

&nbsp

SPONSORAnderson

&nbsp

COSPNSRRaga, Meeks

&nbsp

MLTSPNSR

&nbsp

Amd §1321, add §1351-a, RPAP L

&nbsp

Directs how certain valuations and computations of the amount due are calculated in certain foreclosure actions.

Go to top A09352 Actions:

BILL NOA09352 

&nbsp

12/19/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA09352 Committee&nbspVotes:

Go to topA09352 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09352 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9352

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 19, 2025
 ___________

 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
 tee on Judiciary

 AN ACT to amend the real property actions and proceedings law, in
 relation to directing how certain valuations and computations of the
 amount due are calculated in certain foreclosure actions

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

 1 Section 1. Section 1321 of the real property actions and proceedings
 2 law is amended by adding a new subdivision 3 to read as follows:
 3 3. Where a referee is directed to compute the amount due under this
 4 section, the referee shall:
 5 (a) reflect all sums owing under the note and mortgage as of the date
 6 of the proposed judgment amount, except as otherwise ordered by the
 7 court for good cause shown.
 8 (b) itemize the computation in a form prescribed by the chief adminis-
 9 trative judge, including, but not limited to, any:
 10 (i) unpaid principal balance;
 11 (ii) accrued interest with applicable rates and date ranges;
 12 (iii) advances for taxes, insurance, and property preservation;
 13 (iv) contractual fees and charges; and
 14 (v) court-approved costs and disbursements.
 15 (c) only include items supported by documentation submitted by the
 16 foreclosing plaintiff that would be admissible as evidence; provided,
 17 however, where there is an absence of adequate documentation for an
 18 item, the referee shall refer the issue to the court.
 19 § 2. The real property actions and proceedings law is amended by
 20 adding a new section 1351-a to read as follows:
 21 § 1351-a. Valuation date standard for sale and deficiency calcu-
 22 lations. For all foreclosure sales under this article, the amount due
 23 on the debt, and any subsequent calculation for deficiency or surplus
 24 distribution pursuant to sections thirteen hundred sixty-one or thirteen

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14164-02-5

 A. 9352 2

 1 hundred seventy-one of this article, shall be computed using the valu-
 2 ation date of the date the property is bid on at public auction;
 3 provided, however, where the court expressly orders a different valu-
 4 ation date upon application of any party for good cause shown, such date
 5 shall be used as the valuation date.
 6 § 3. This act shall take effect on the ninetieth day after it shall
 7 have become a law. Effective immediately, the addition, amendment and/or
 8 repeal of any rule or regulation necessary for the implementation of
 9 this act on its effective date are authorized to be made and completed
 10 on or before such effective date.

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