Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 13, 2014 |
print number 7350a |
Jun 13, 2014 |
amend and recommit to judiciary |
May 13, 2014 |
referred to judiciary |
Senate Bill S7350A
2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) 15th Senate District
(D) Senate District
(D, WF) 46th Senate District
(D) Senate District
2013-S7350 - Details
- See Assembly Version of this Bill:
- A9341
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1307, add §1307-a, RPAP L
2013-S7350 - Sponsor Memo
BILL NUMBER:S7350 TITLE OF BILL: An act establishing the "New York state abandoned property neighborhood relief act of 2014"; and to amend the real property actions and proceedings law, in relation to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage PURPOSE: To help community residents and municipalities throughout the State better address the growing problem of vacant and abandoned residential properties by creating a statewide registry of such properties and imposing a duty on mortgagees and their loan servicing agents to report these properties to the registry and take earlier (pre-foreclosure) action to identify, secure and maintain them. SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes the title of the Act as the "New York State Abandoned Property Neighborhood Relief Act of 2014." Section 2 amends section 1307 of the Real Property Actions and Proceedings Law to: create a definition of "vacant and abandoned" residential real property; expand the existing duty of a mortgagee to maintain vacant residential real property to include pre-foreclosure
2013-S7350 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7350 I N S E N A T E May 13, 2014 ___________ Introduced by Sen. KLEIN -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT establishing the "New York state abandoned property neighborhood relief act of 2014"; and to amend the real property actions and proceedings law, in relation to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "New York state abandoned property neighborhood relief act of 2014". S 2. Section 1307 of the real property actions and proceedings law, as added by chapter 507 of the laws of 2009, is amended to read as follows: S 1307. Duty to maintain [foreclosed] property SECURED BY DELINQUENT MORTGAGE. 1. [A plaintiff in a mortgage foreclosure action who obtains a judgment of foreclosure and sale pursuant to section thirteen hundred fifty-one of this article, involving residential real property, as defined in section thirteen hundred five of this article, that is vacant, or becomes vacant after the issuance of such judgment, or is abandoned by the mortgagor but occupied by a tenant] (A) WITH RESPECT TO A MORTGAGE LOAN SECURED BY RESIDENTIAL REAL PROPERTY, as defined under section thirteen hundred five of this article, WHERE THE PROPERTY IS "VACANT AND ABANDONED" AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION OR A FORECLOSURE ACTION HAS BEEN COMMENCED AGAINST THE PROPERTY BECAUSE THE MORTGAGOR HAS FAILED TO MAINTAIN THE PROPERTY OR WHERE A JUDGMENT OF FORECLOSURE UNDER SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE HAS BEEN OBTAINED ON THE PROPERTY THAT HAS BEEN ABANDONED BY THE MORTGAGOR BUT REMAINS OCCUPIED BY A TENANT LAWFULLY IN POSSESSION, THE MORTGAGEE OR ITS LOAN SERVICING AGENT shall maintain such property until such time as ownership has been transferred through the closing of title in fore- closure, or other disposition, and the deed for such property has been duly recorded; provided, however, that if a municipality or governmental entity holds a mortgage subordinate to one or more mortgages on the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13184-07-4
co-Sponsors
(D) 15th Senate District
(D) Senate District
(D, WF) 46th Senate District
(D) Senate District
2013-S7350A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9341
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1307, add §1307-a, RPAP L
2013-S7350A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7350A TITLE OF BILL: An act establishing the "New York state abandoned property neighborhood relief act of 2014"; and to amend the real property actions and proceedings law, in relation to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage PURPOSE: To help community residents and municipalities throughout the State better address the growing problem of vacant and abandoned residential properties by creating a statewide registry of such properties and imposing a duty on mortgagees and their loan servicing agents to report these properties to the registry and take earlier (pre-foreclosure) action to identify, secure and maintain them. SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes the title of the Act as the "New York State Abandoned Property Neighborhood Relief Act of 2014." Section 2 amends section 1307 of the Real Property Actions and Proceedings Law to: create a definition of "vacant and abandoned" residential real property; expand the existing duty of a mortgagee to maintain vacant residential real property to include pre-foreclosure "vacant and abandoned" residential property as defined in the bill, and to expand such duty to the mortgagee's loan servicing agent;
2013-S7350A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7350--A I N S E N A T E May 13, 2014 ___________ Introduced by Sens. KLEIN, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DIAZ, DILAN, ESPAILLAT, GIPSON, HASSELL-THOMPSON, HOYLMAN, KENNEDY, LARKIN, LATIMER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SAVINO, SERRA- NO, SQUADRON, STAVISKY, TKACZYK, VALESKY -- (at request of the Attor- ney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT establishing the "New York state abandoned property neighborhood relief act of 2014"; and to amend the real property actions and proceedings law, in relation to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "New York state abandoned property neighborhood relief act of 2014". S 2. Section 1307 of the real property actions and proceedings law, as added by chapter 507 of the laws of 2009, is amended to read as follows: S 1307. Duty to maintain [foreclosed] property SECURED BY DELINQUENT MORTGAGE. 1. [A plaintiff in a mortgage foreclosure action who obtains a judgment of foreclosure and sale pursuant to section thirteen hundred fifty-one of this article, involving residential real property, as defined in section thirteen hundred five of this article, that is vacant, or becomes vacant after the issuance of such judgment, or is abandoned by the mortgagor but occupied by a tenant] (A) WITH RESPECT TO A MORTGAGE LOAN SECURED BY RESIDENTIAL REAL PROPERTY, as defined under section thirteen hundred five of this article, WHERE THE PROPERTY IS "VACANT AND ABANDONED" AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION OR A FORECLOSURE ACTION HAS BEEN COMMENCED AGAINST THE PROPERTY BECAUSE THE MORTGAGOR HAS FAILED TO MAINTAIN THE PROPERTY OR WHERE A JUDGMENT OF FORECLOSURE UNDER SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE HAS BEEN OBTAINED ON THE PROPERTY THAT HAS BEEN ABANDONED BY THE MORTGAGOR BUT REMAINS OCCUPIED BY A TENANT LAWFULLY IN POSSESSION, THE MORTGAGEE OR ITS LOAN SERVICING AGENT shall maintain such property until such time EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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