senate Bill S4781

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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 03, 2016 print number 4781a
Feb 03, 2016 amend (t) and recommit to housing, construction and community development
Jan 06, 2016 referred to housing, construction and community development
Apr 15, 2015 referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S4781 - Details

See Assembly Version of this Bill:
A6932
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

S4781 - 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.

S4781 - Sponsor Memo

S4781 - Bill Text download pdf

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

                                  4781

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  VALESKY,  SAVINO, CARLUCCI, AVELLA -- (at
  request of the Attorney General) -- read twice  and  ordered  printed,
  and  when  printed  to  be  committed  to  the  Committee  on Housing,
  Construction and Community Development

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09229-04-5

Co-Sponsors

view additional co-sponsors

S4781A (ACTIVE) - Details

See Assembly Version of this Bill:
A6932
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

S4781A (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.

S4781A (ACTIVE) - Sponsor Memo

S4781A (ACTIVE) - Bill Text download pdf

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

                                 4781--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sens. KLEIN, VALESKY, SAVINO, CARLUCCI, AVELLA, ADDABBO,
  COMRIE, DIAZ, ESPAILLAT, HOYLMAN, KENNEDY, LATIMER, PANEPINTO,  PERAL-
  TA,  PERKINS,  RIVERA, ROBACH, SERRANO, SQUADRON -- (at request of the
  Attorney General) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty   Development   --   recommitted   to  the  Committee  on  Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- 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.
                                                           LBD09229-10-6

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