New York S 10086: Relates to residential foreclosure actions

Bill Text

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S10086 Summary:

BILL NOS10086 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMYRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd R3408, §205-a, CPLR; add §1394, RPAP L

&nbsp

Clarifies provisions governing when foreclosure actions are deemed abandoned for failure of a plaintiff to timely seek a default judgment; governs when foreclosure actions are deemed terminated for purposes of the savings clause permitting actions to be recommenced following termination of a prior action and be deemed timely; governs the finality of dismissed or discontinued residential foreclosure actions.

Go to top S10086 Actions:

BILL NOS10086 

&nbsp

04/27/2026REFERRED TO JUDICIARY

Go to topS10086 Committee&nbspVotes:

Go to topS10086 Floor&nbspVotes:

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

Go to topS10086 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10086

 IN SENATE

 April 27, 2026
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules and the real property
 actions and proceedings law, in relation to residential foreclosure
 actions

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

 1 Section 1. This act shall be known and may be cited as the "finality
 2 in foreclosure act".
 3 § 2. Subdivisions (d) and (n) of rule 3408 of the civil practice law
 4 and rules, subdivision (d) as amended and subdivision (n) as added by
 5 section 2 of part Q of chapter 73 of the laws of 2016, are amended to
 6 read as follows:
 7 (d) Upon the filing of a request for judicial intervention in any
 8 action pursuant to this section, the court shall send either a copy of
 9 such request or the defendant's name, address and telephone number (if
 10 available) to a housing counseling agency or agencies on a list desig-
 11 nated by the division of housing and community renewal for the judicial
 12 district in which the defendant resides. Such information shall be used
 13 by the designated housing counseling agency or agencies exclusively for
 14 the purpose of making the homeowner aware of housing counseling and
 15 foreclosure prevention services and options available to them. The
 16 filing of a request for judicial intervention in any residential fore-
 17 closure action shall not constitute taking proceedings for the entry of
 18 judgment in such action for purposes of section three thousand two
 19 hundred fifteen of this chapter.
 20 (n) While the settlement conference process is ongoing, the following
 21 shall be held in abeyance:
 22 1. Any motions submitted by the plaintiff or defendant [shall be held
 23 in abeyance while the settlement conference process is ongoing,] except
 24 for motions concerning compliance with this rule and its implementing
 25 rules.
 26 2. The time period specified by section three thousand two hundred
 27 fifteen of this chapter to take proceedings for the entry of default

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15697-01-6

 S. 10086 2

 1 judgment, which shall resume running upon the removal of the case from
 2 the conference calendar.
 3 § 3. Subdivision (a) of section 205-a of the civil practice law and
 4 rules, as added by chapter 821 of the laws of 2022, is amended to read
 5 as follows:
 6 (a) If an action upon an instrument described under subdivision four
 7 of section two hundred thirteen of this article is timely commenced and
 8 is terminated in any manner other than a voluntary discontinuance, a
 9 failure to obtain personal jurisdiction over the defendant, a dismissal
 10 of the complaint for any form of neglect, including, but not limited to
 11 those specified in subdivision three of section thirty-one hundred twen-
 12 ty-six, section thirty-two hundred fifteen, rule thirty-two hundred
 13 sixteen and rule thirty-four hundred four of this chapter, for violation
 14 of any court rules or individual part rules, for failure to comply with
 15 any court scheduling orders, or by default due to nonappearance for
 16 conference or at a calendar call, or by failure to timely submit any
 17 order or judgment, or upon a f