Provides that the judgment of sale in a mortgage foreclosure action shall direct that in the event such premises is purchased collectively by more than one individual, the names of each individual purchaser shall be disclosed in writing to the sheriff of the county or referee conducting the sale.
Sponsor: LAVALLE / Committee: JUDICIARY
Law Section: Real Property Actions and Proceedings Law / Law: Amd S1351, RPAP L
Sponsor: LAVALLE / Committee: JUDICIARY
Law Section: Real Property Actions and Proceedings Law / Law: Amd S1351, RPAP L
S3148-2011 Actions
- Apr 17, 2012: referred to judiciary
- Apr 17, 2012: DELIVERED TO ASSEMBLY
- Apr 17, 2012: PASSED SENATE
- Mar 21, 2012: ADVANCED TO THIRD READING
- Mar 20, 2012: 2ND REPORT CAL.
- Mar 19, 2012: 1ST REPORT CAL.370
- Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
- Jun 24, 2011: COMMITTED TO RULES
- May 24, 2011: ADVANCED TO THIRD READING
- May 23, 2011: 2ND REPORT CAL.
- May 18, 2011: 1ST REPORT CAL.763
- Feb 9, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
S3148-2011 Meetings
Housing, Construction and Community Development: Mar 19, 2012, Housing, Construction and Community Development: May 18, 2011S3148-2011 Calendars
Active List: Apr 17, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011S3148-2011 Votes
VOTE: COMMITTEE VOTE:
- Housing, Construction and Community Development
- May 18, 2011
Ayes (8): Young, Bonacic, Gallivan, Grisanti, Ritchie, Espaillat, Diaz, Krueger
VOTE: COMMITTEE VOTE:
- Housing, Construction and Community Development
- Mar 19, 2012
Ayes (8): Young, Bonacic, Gallivan, Grisanti, Ritchie, Espaillat, Diaz, Krueger
VOTE: FLOOR VOTE:
- Apr 16, 2012
Ayes (55): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Parker
Excused (5): Breslin, Hannon, Huntley, Oppenheimer, Serrano
VOTE: FLOOR VOTE:
- Apr 17, 2012
Ayes (55): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Parker
Excused (5): Breslin, Hannon, Huntley, Oppenheimer, Serrano
S3148-2011 Memo
BILL NUMBER:S3148 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to the purchase of the premises at a mortgage foreclosure sale by a group PURPOSE: To require that in the event real property is purchased at a foreclosure sale collectively by more than one individual, the names of each individual purchaser shall be disclosed to the sheriff or referee conducting the sale. SUMMARY OF PROVISIONS: This bill amends subdivision I of section 1351 of the Real Property Actions and Proceedings Law to require that in the event real property is purchased at a foreclosure sale collectively by more than one individual, the names of each individual purchaser shall be disclosed to the sheriff or referee conducting the sale. EXISTING LAW: Currently, the RPAPL does not require that in the event real property is purchased at a foreclosure sale collectively by more than one individual, the names of each individual purchaser be disclosed to the sheriff or referee conducting the sale. JUSTIFICATION: In situations where real property is purchased at a foreclosure sale collectively by more than one individual, customarily, the referee conducting the sale or the attorney for the foreclosing mortgagee will ask the names of each individual purchaser. This bill would simply codify this existing practice. LEGISLATIVE HISTORY: 2009-10, S.1771; S.4850, 2007-08; S.1412, 2005-06; S.1793, 2003-04; S.3980, 2001-02 FISCAL IMPLICATIONS: None. LOCAL FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the 30th day after it shall have become a law.
S3148-2011 Text
S T A T E O F N E W Y O R K
3148 2011-2012 Regular Sessions I N SENATE February 9, 2011
Introduced by Sen. LAVALLE -- 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, in relation to the purchase of the premises at a mortgage foreclosure sale by a group
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1351 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended to read as follows:
1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of the action, and which may be sold separately without material injury to the parties interested, be sold by or under the direction of the sheriff of the county, or a referee. THE JUDGMENT SHALL DIRECT THAT IN THE EVENT SUCH PREMISES IS PURCHASED COLLECTIVELY BY MORE THAN ONE INDIVIDUAL, THE NAMES OF EACH INDIVIDUAL PURCHASER SHALL BE DISCLOSED IN WRITING TO SUCH SHERIFF OR REFEREE.
S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07676-01-1
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