S 9309 New York Senate · 2025 Regular Session

Enacts the "deed protection act"

Summary

Enacts the "deed protection act" in relation to prohibiting a mortgage banker or mortgage loan servicer from commencing, maintaining, or proceeding with a foreclosure action on a mortgage loan where such mortgage banker or mortgage loan servicer knows or has reason to know that the mortgage securing such loan is dependent on a deed, conveyance, or other instrument affecting title to residential real property that was procured by fraud, forgery, or other unlawful means.

Issues: ✓ Housing

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 27, 2026 Last action May 12, 2026

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What changed between versions

S9309 → S9309A · 5 edits

MODERATE

The bill was amended to add a new sponsor, Salazar, and to significantly expand the law's scope by shifting focus from general 'deed theft' to specifically prohibiting foreclosures based on fraudulent title transfers. The legislative text was also updated to reflect that the bill has been reported favorably from the Banking Committee and is now being reviewed by the Judiciary Committee.

Scope change

The bill's scope was expanded to explicitly target mortgage bankers and loan servicers, prohibiting them from foreclosing on homes where the title was obtained through fraud, forgery, or other unlawful means.

ELIGIBILITY

Added Senator Salazar as a co-sponsor to the bill.

TIMELINE

Updated the committee status to show the bill was reported favorably from the Banking Committee and is now with the Judiciary Committee.

REQUIREMENT

Added a new section (595-d) that explicitly prohibits mortgage bankers and servicers from foreclosing on properties where the title was secured by fraud, forgery, or unlawful means.

Removed the previous draft language which broadly prohibited possession of property based on 'deed theft' without specifying the fraudulent nature of the title transfer.

ENFORCEMENT

Clarified that violating the new fraud-based foreclosure prohibition constitutes a violation of the banking law article.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 12, 2026

Upper · Passed

PRINT NUMBER 9309A

upper

May 12, 2026

Upper · Passed

AMEND AND RECOMMIT TO JUDICIARY

upper

May 12, 2026

Committee

REPORTED AND COMMITTED TO JUDICIARY

upper

Feb 27, 2026

Committee

REFERRED TO BANKS

upper

1 primary · 1 co-sponsor