Assembly Bill A6932A

2015-2016 Legislative Session

"Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A6932 - Details

See Senate Version of this Bill:
S4781
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §§1307-a & 1308, RPAP L; add §91-g, St Fin L

2015-A6932 - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2015-A6932 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6932

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by  M.  of  A. WEINSTEIN -- (at request of the Department of
  Law) -- read once and referred to the Committee on Judiciary

AN ACT establishing the "New York state abandoned property  neighborhood
  relief  act  of  2015";  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
  and in relation to special foreclosure proceedings  for  vacant  aban-
  doned  property;  and  to  amend the state finance law, in relation to
  establishing the abandoned property neighborhood relief fund

  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 2015".
  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.
                                                           LBD09229-04-5
              

co-Sponsors

multi-Sponsors

2015-A6932A (ACTIVE) - Details

See Senate Version of this Bill:
S4781
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §§1307-a & 1308, RPAP L; add §91-g, St Fin L

2015-A6932A (ACTIVE) - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2015-A6932A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6932--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, WOERNER, BRINDISI, SKARTADOS, KAMIN-
  SKY, RUSSELL, MAGNARELLI, SKOUFIS, LAVINE, SOLAGES, ROBINSON,  CAHILL,
  BARRETT,  PEOPLES-STOKES,  MAYER, SANTABARBARA, HOOPER, SCHIMEL, FAHY,
  WOZNIAK, TITONE -- Multi-Sponsored by -- M.  of  A.  CERETTO,  CURRAN,
  GALEF,  KEARNS,  McDONALD,  MURRAY -- (at request of the Department of
  Law) -- read once and referred to the Committee on Judiciary -- recom-
  mitted to the Committee on Judiciary in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT establishing the "New York state abandoned property  neighborhood
  relief  act  of  2016";  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
  and in relation to special foreclosure proceedings  for  vacant  aban-
  doned  property;  and  to  amend the state finance law, in relation to
  establishing the abandoned property neighborhood relief fund

  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 2016".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09229-09-6
              

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