Legislation that would give property owners, as well as lenders, attorney’s fees if they prevail in a residential foreclosure action is “unnecessary and would create uncertainty in the foreclosure process” in New York, the Bankers Association is contending.

The measure, A1239/S2614, by Assemblyman Rory I. Lancman, D-Queens, has passed both houses of the Legislature but has not yet been forwarded to Governor David A. Paterson. It was dubbed the Access to Justice in Lending Act by its sponsors.