New York A 4455: Requires a stay of certain foreclosure proceedings

Bill Text

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A04455 Summary:

BILL NOA04455 

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SAME ASNo Same As

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SPONSORO'Pharrow

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Requires a stay of certain foreclosure proceedings where the mortgagor has applied for coverage under the New York state homeowner assistance fund or any local program administering federal emergency mortgage assistance program funds; allows such foreclosure proceedings to proceed against a mortgagor who has caused significant damage to the property.

Go to top A04455 Actions:

BILL NOA04455 

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02/04/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA04455 Committee&nbspVotes:

Go to topA04455 Floor&nbspVotes:

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

Go to topA04455 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4455

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. O'PHARROW -- read once and referred to the
 Committee on Judiciary

 AN ACT to stay certain foreclosure proceedings

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

 1 Section 1. Except as provided in section two of this act, foreclosure
 2 proceedings for non-payment of mortgage payments that would be eligible
 3 for coverage under the New York state homeowner assistance fund adminis-
 4 tered by the division of housing and community renewal shall not be
 5 commenced against a mortgagor who has applied for such coverage or any
 6 local program administering federal emergency mortgage assistance
 7 program funds unless or until a determination of ineligibility is made.
 8 Except as provided in section two of this act, in any pending foreclo-
 9 sure proceeding, whether filed prior to, on, or after the effective date
 10 of this act, against a mortgagor who has applied or subsequently applies
 11 for benefits under the New York state homeowner assistance fund or any
 12 local program administering federal emergency mortgage assistance
 13 program funds to cover all or part of the arrears claimed by the peti-
 14 tioner, all proceedings shall be stayed pending a determination of
 15 eligibility. Evidence of a payment received pursuant to the New York
 16 state homeowner assistance fund or a local program administering federal
 17 emergency mortgage assistance program funds may be presented in such
 18 proceeding and create a presumption that the mortgagor's obligation for
 19 the time period covered by the payment has been fully satisfied.
 20 § 2. Section one of this act shall not apply if a mortgagor inten-
 21 tionally causes significant damage to the property that is the subject
 22 of the mortgage agreement, provided:
 23 1. If a foreclosure proceeding is not pending on the effective date of
 24 this act, the petitioner shall file an affidavit under penalty of perju-
 25 ry with the petition attesting that the respondent intentionally caused

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08800-01-5

 A. 4455 2

 1 significant damage to the property, with a specific description of the
 2 damages alleged.
 3 2. If a foreclosure proceeding is pending on the effective date of
 4 this act, but the petitioner has not previously alleged that the mortga-
 5 gor intentionally caused significant damage to the property, the peti-
 6 tioner shall be required to submit a new petition with such allegations
 7 and comply with all notice and service requirements under article thir-
 8 teen of the real property actions and proceedings law.
 9 3. For the purposes of this act, a mere allegation of the behavior by
 10 the petitioner or an agent of the petitioner alleging such behavior
 11 shall not be sufficient evidence to establish that the mortgagor has
 12 intentionally caused significant damage to the property.
 13 4. If the petitioner fails to establish that the mortgagor inten-
 14 tionally caused significant damage to the property: (i) if the
 15 mortgagor's application is still pending, the court shall stay or
 16 continue to stay any further proceedings pending a determination of
 17 eligibility pursuant to section one of this act; or (ii) if the mortga-
 18 gee has accepted payment of mortgage arrears and agreed not