Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 20, 2016 |
print number 741a |
Jan 20, 2016 |
amend and recommit to local government |
Jan 06, 2016 |
referred to local government |
Jan 07, 2015 |
referred to local government |
Senate Bill S741A
2015-2016 Legislative Session
Sponsored By
(D, WF) 63rd Senate District
Archive: Last Bill Status - In Senate Committee Local Government 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
2015-S741 - Details
- See Assembly Version of this Bill:
- A474
- Current Committee:
- Senate Local Government
- Law Section:
- Real Property Taxation
- Versions Introduced in 2013-2014 Legislative Session:
-
S6681, A9245
2015-S741 - Sponsor Memo
BILL NUMBER: S741 TITLE OF BILL : An act relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo PURPOSE : To allow the City of Buffalo to obtain the proceeds of the sale of any property obtained through foreclosure without having to hold the title, for the benefit of the city's Urban Renewal Agency. SUMMARY OF PROVISIONS : Section 1: exempts the City of Buffalo from Section 1136 of the real property tax law which relates to the entry of final judgment by a court in a foreclosure of a tax lien through an in rem proceeding. Subdivision 2: provides that upon final judgment in its favor, the City of Buffalo shall receive "the right to convey title" to the affected parcel(s). Current law grants the City of Buffalo "possession" of such parcel. Also, existing paragraphs (c) and (d) are deleted. Subdivision 3: provides that a judgment may be entered, upon request
2015-S741 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 741 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Final judgment; proceedings in the city of Buffalo. Notwithstanding the provisions of section 1136 of the real property tax law, the following provisions shall apply to final judgments in in rem proceedings taken in the city of Buffalo. 1. Generally. The court shall have full power to determine and enforce in all respects the priorities, rights, claims and demands of the several parties to the proceeding, as the same exist according to law, including the priorities, rights, claims and demands of the respondents as between themselves. The court shall further determine upon proof and shall make findings upon such proof whether there has been due compliance by the tax district with the provisions of article 11 of the real property tax law. 2. When an answer has been interposed. (a) When an answer has been interposed by a party other than a tax district as to any parcel of real property included in the petition described in section 1123 of the real property tax law and the court determines that the answer is meritori- ous, the court shall dismiss the petition of foreclosure, with or with- out prejudice, as to the affected parcel or parcels, unless an agreement is executed pursuant to subdivision 2 of section 1150 of the real prop- erty tax law. If the court determines that the answer is not meritori- ous, the court shall make a final judgment awarding to such tax district the right to convey title to the affected parcel or parcels in the same manner as provided by subdivision three of this section. (b) When an answer has been interposed by another tax district as to any parcel and the court shall determine that such other tax district has an interest in such parcel, then and in that event the tax districts having an interest in such parcel may by agreement between themselves pursuant to subdivision 1 of section 1150 of the real property tax law
2015-S741A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A474
- Current Committee:
- Senate Local Government
- Law Section:
- Real Property Taxation
- Versions Introduced in 2013-2014 Legislative Session:
-
S6681, A9245
2015-S741A (ACTIVE) - Sponsor Memo
BILL NUMBER: S741A TITLE OF BILL : An act relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo PURPOSE : To allow the City of Buffalo to obtain the proceeds of the sale of any property obtained through foreclosure without having to hold the title, for the benefit of the city's Urban Renewal Agency. SUMMARY OF PROVISIONS : Section 1: exempts the City of Buffalo from Section 1136 of the real property tax law which relates to the entry of final judgment by a court in a foreclosure of a tax lien through an in rem proceeding. Subdivision 2: provides that upon final judgment in its favor, the City of Buffalo shall receive "the right to convey title" to the affected parcel(s). Current law grants the City of Buffalo "possession" of such parcel. Also, existing paragraphs (c) and (d) are deleted. Subdivision 3: provides that a judgment may be entered, upon request of the City of Buffalo, without the City taking title to the property. New language specifically authorizes the City to sell any property
2015-S741A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 741--A 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Final judgment; proceedings in the city of Buffalo. Notwithstanding the provisions of section 1136 of the real property tax law, the following provisions shall apply to final judgments in in rem proceedings taken in the city of Buffalo. 1. Generally. The court shall have full power to determine and enforce in all respects the priorities, rights, claims and demands of the several parties to the proceeding, as the same exist according to law, including the priorities, rights, claims and demands of the respondents as between themselves. The court shall further determine upon proof and shall make findings upon such proof whether there has been due compliance by the tax district with the provisions of article 11 of the real property tax law. 2. When an answer has been interposed. (a) When an answer has been interposed by a party other than a tax district as to any parcel of real property included in the petition described in section 1123 of the real property tax law and the court determines that the answer is meritori- ous, the court shall dismiss the petition of foreclosure, with or with- out prejudice, as to the affected parcel or parcels, unless an agreement is executed pursuant to subdivision 2 of section 1150 of the real prop- erty tax law. If the court determines that the answer is not meritori- ous, the court shall make a final judgment awarding to such tax district EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00616-03-5
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.