New York S 126: Relates to legal representation in certain mortgage foreclosure actions

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S00126 Summary:

BILL NOS00126 

&nbsp

SAME ASSAME AS A07188

&nbsp

SPONSORCOMRIE

&nbsp

COSPNSRBRISPORT, CLEARE, GIANARIS

&nbsp

MLTSPNSR

&nbsp

Add §1308-a, amd §1303, RPAP L; amd Art 18-B Art Head, §722, County L

&nbsp

Provides for free legal representation in certain mortgage foreclosure actions where the homeowner is financially unable to obtain counsel; requires notice of such availability.

Go to top S00126 Actions:

BILL NOS00126 

&nbsp

01/08/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS00126 Committee&nbspVotes:

Go to topS00126 Floor&nbspVotes:

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

Go to topS00126 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 126

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. COMRIE, CLEARE, GIANARIS -- read twice and ordered
 printed, and when printed to be committed to the Committee on Housing,
 Construction and Community Development

 AN ACT to amend the real property actions and proceedings law and the
 county law, in relation to representation of certain persons in
 private residential foreclosure actions

 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 1308-a to read as follows:
 3 § 1308-a. Assignment of counsel. A homeowner in a foreclosure action
 4 who is financially unable to obtain counsel for representation in such
 5 action shall have a right to assigned counsel by the court. Assignment
 6 of counsel issued under this section shall be implemented as provided in
 7 article eighteen-B of the county law.
 8 § 2. Subdivision 3 of section 1303 of the real property actions and
 9 proceedings law, as amended by section 5 of part Q of chapter 73 of the
 10 laws of 2016, is amended to read as follows:
 11 3. The notice to any mortgagor required by paragraph (a) of subdivi-
 12 sion one of this section shall appear as follows:
 13 Help for Homeowners in Foreclosure
 14 New York State Law requires that we send you this notice about the
 15 foreclosure process. Please read it carefully.
 16 Summons and Complaint
 17 You are in danger of losing your home. If you fail to respond to the
 18 summons and complaint in this foreclosure action, you may lose your
 19 home. Please read the summons and complaint carefully. You should imme-
 20 diately contact an attorney or your local legal aid office to obtain
 21 advice on how to protect yourself.
 22 Sources of Information and Assistance

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00717-01-5

 S. 126 2

 1 The State encourages you to become informed about your options in
 2 foreclosure. In addition to seeking assistance from an attorney or legal
 3 aid office, there are government agencies and non-profit organizations
 4 that you may contact for information about possible options, including
 5 trying to work with your lender during this process. You may be entitled
 6 to assigned counsel if you are financially unable to obtain represen-
 7 tation.
 8 To locate an entity near you, you may call the toll-free helpline
 9 maintained by the New York State Department of Financial Services at
 10 (enter number) or visit the Department's website at (enter web address).
 11 Rights and Obligations
 12 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
 13 to stay in your home during the foreclosure process. You are not
 14 required to leave your home unless and until your property is sold at
 15 auction pursuant to a judgment of foreclosure and sale.
 16 Regardless of whether you choose to remain in your home, YOU ARE
 17 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
 18 ance with state and local law.
 19 Foreclosure rescue scams
 20 Be careful of people who approach you with offers to "save" your home.
 21 There are individuals who watch for notices of foreclosure actions in
 22 order to unfairly profit from a homeowner's distress. You should be
 23 extremely careful about any su