Docket Room
A 11257·NY·house

Relates to the scope of quasi-judicial immunity of referees in mortgage foreclosure actions

In CommitteeFiled May 4, 2026
Sponsor: Latrice Walker
Latest Action

REFERRED TO JUDICIARY

May 4, 2026

Summary

It limits a referee’s immunity to only discretionary actions that are within their statutory authority, and strips that protection for ministerial errors, actions beyond authority, bad‑faith conduct, and mishandling of surplus funds. The changes apply to court‑appointed referees in mortgage foreclosures, making them personally liable and allowing a sale to be vacated when they violate the law. The goal is to protect borrowers, former owners, and lienholders from inflated judgments and misappropriated proceeds.

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