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Assembly Bill A7105

2009-2010 Legislative Session

Requires a foreclosing party to designate an agent to accept service in the event a property becomes vacant during the foreclosure process

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Archive: Last Bill Status - In Assembly Committee

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2009-A7105 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง1305, RPAP L

2009-A7105 (ACTIVE) - Summary

Amends the real property actions and proceedings law, in relation to designating a party to accept service in the event a property becomes vacant during the foreclosure process.

2009-A7105 (ACTIVE) - Bill Text download pdf 

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

                                  7105

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to designating a party to accept service in the event a prop-
  erty becomes vacant during the foreclosure process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1305 to read as follows:
  S 1305. DESIGNATION OF AGENT  FOR  SERVICE.  PRIOR  TO  INITIATING  AN
ACTION TO FORECLOSE A MORTGAGE, THE FORECLOSING PARTY SHALL DESIGNATE AN
AGENT  TO  ACCEPT  SERVICE FOR ALL ACTIONS IN THE EVENT THAT THE SUBJECT
PROPERTY BECOMES VACANT DURING THE FORECLOSURE  PROCEEDING.  ANY  PERSON
MAY  BE DESIGNATED BY THE FORECLOSING PARTY AS AN AGENT FOR SERVICE IN A
WRITING, EXECUTED AND ACKNOWLEDGED IN THE SAME MANNER AS  A  DEED,  WITH
THE CONSENT OF THE AGENT ENDORSED THEREON. THE WRITING SHALL BE FILED IN
THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE MORTGAGE AND DEED ARE
FILED.  THE  WRITING  SHALL ALSO INCLUDE THE ADDRESS AT WHICH THE DESIG-
NATED AGENT WILL ACCEPT SERVICE; SUCH ADDRESS MUST BE LOCATED WITHIN THE
COUNTY IN WHICH THE WRITING IS FILED.  THE DESIGNATION SHALL  REMAIN  IN
EFFECT  FOR  THREE  YEARS FROM SUCH FILING UNLESS IT HAS BEEN REVOKED BY
THE FILING OF A REVOCATION, OR BY THE  DEATH,  JUDICIAL  DECLARATION  OF
INCOMPETENCY OR LEGAL TERMINATION OF THE AGENT OR PRINCIPAL.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07934-01-9

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