Assembly Bill A9655A

2015-2016 Legislative Session

Enacts the "zombie property remediation act of 2016"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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-A9655 - Details

See Senate Version of this Bill:
S7295
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1563
2019-2020: A1859

2015-A9655 - Summary

Permits a municipality to compel a mortgagee to either complete a mortgage foreclosure proceeding or to issue a certificate of discharge of the mortgage for any property which has been certified abandoned pursuant to section 1971 of the real property actions and proceedings law.

2015-A9655 - Bill Text download pdf 

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

                                  9655

                          I N  A S S E M B L Y

                             March 24, 2016
                               ___________

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

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to authorizing municipalities to compel mortgagees either  to
  complete  a  mortgage foreclosure proceeding pursuant to article 13 of
  the real property actions and proceedings law or to  issue  a  certif-
  icate  of  discharge  of  the mortgage for any property which has been
  certified abandoned pursuant to real property actions and  proceedings
  law section 1971

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "zombie property remediation act of 2016".
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1392 to read as follows:
  S 1392. FORECLOSURE ACTIONS INVOLVING ABANDONED PROPERTIES.   1. IF  A
PROPERTY  HAS  BEEN  CERTIFIED  ABANDONED  PURSUANT  TO SECTION NINETEEN
HUNDRED SEVENTY-ONE OF THIS CHAPTER, THE CITY, VILLAGE, OR TOWN IN WHICH
THE PROPERTY IS LOCATED MAY COMMENCE A PROCEEDING IN A COURT  OF  COMPE-
TENT  JURISDICTION  IN  THE  COUNTY  IN WHICH THE PROPERTY IS LOCATED TO
COMPEL ANY OR ALL MORTGAGEES TO EITHER: (A) COMPLETE A MORTGAGE FORECLO-
SURE PROCEEDING PURSUANT TO ARTICLE THIRTEEN OF THIS  CHAPTER  WITHIN  A
REASONABLE  TIME  PERIOD  AS  DETERMINED  BY  THE  COURT; OR (B) ISSUE A
CERTIFICATE OF DISCHARGE OF THE MORTGAGE.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14744-01-6

co-Sponsors

multi-Sponsors

2015-A9655A (ACTIVE) - Details

See Senate Version of this Bill:
S7295
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1563
2019-2020: A1859

2015-A9655A (ACTIVE) - Summary

Permits a municipality to compel a mortgagee to either complete a mortgage foreclosure proceeding or to issue a certificate of discharge of the mortgage for any property which has been certified abandoned pursuant to section 1971 of the real property actions and proceedings law.

2015-A9655A (ACTIVE) - Bill Text download pdf 

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

                                 9655--A

                          I N  A S S E M B L Y

                             March 24, 2016
                               ___________

Introduced  by  M.  of  A. MAGNARELLI, McDONALD, FAHY, BUCHWALD, MILLER,
  JAFFEE, BRINDISI, GUNTHER, OTIS, STECK, ORTIZ -- Multi-Sponsored by --
  M. of A. BRENNAN, COOK, ENGLEBRIGHT, SKARTADOS, THIELE  --  read  once
  and  referred  to  the Committee on Judiciary -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to authorizing municipalities to compel mortgagees either  to
  complete  a  mortgage foreclosure proceeding pursuant to article 13 of
  the real property actions and proceedings law or to  issue  a  certif-
  icate  of  discharge  of  the mortgage for any property which has been
  certified abandoned pursuant to real property actions and  proceedings
  law section 1971

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "zombie property remediation act of 2016".
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1392 to read as follows:
  S 1392. FORECLOSURE ACTIONS INVOLVING  ABANDONED  PROPERTIES.    IF  A
PROPERTY  HAS  BEEN  CERTIFIED  ABANDONED  PURSUANT  TO SECTION NINETEEN
HUNDRED SEVENTY-ONE OF THIS CHAPTER, THE CITY, VILLAGE, OR TOWN IN WHICH
THE PROPERTY IS LOCATED MAY COMMENCE A PROCEEDING IN A COURT  OF  COMPE-
TENT  JURISDICTION  IN  THE  COUNTY  IN WHICH THE PROPERTY IS LOCATED TO
COMPEL ANY OR ALL MORTGAGEES TO EITHER: (A) COMPLETE A MORTGAGE FORECLO-
SURE PROCEEDING PURSUANT TO ARTICLE THIRTEEN OF THIS  CHAPTER  WITHIN  A
REASONABLE  TIME  PERIOD  AS  DETERMINED  BY  THE  COURT; OR (B) ISSUE A
CERTIFICATE OF DISCHARGE OF THE MORTGAGE.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14744-03-6

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