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Senate Bill S5863

2017-2018 Legislative Session

Relates to the elimination of the requirement of serving a notice of sale upon an owner of property

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S5863 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §201, Lien L

2017-S5863 (ACTIVE) - Summary

Relates to the elimination of the requirement of serving a notice of sale upon an owner of property if such owner resides in the same county as the lienor.

2017-S5863 (ACTIVE) - Sponsor Memo

2017-S5863 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5863
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the lien law, in relation to eliminating the requirement
   that a notice of sale must be served upon an owner of property if such
   owner resides in the same county as the lienor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of section 201 of the lien law, as
 amended by chapter 354 of the laws  of  2008,  is  amended  to  read  as
 follows:
   Before  such  sale  is  held  the lienor shall serve a notice upon the
 owner [with due diligence within such county, if such owner can be found
 where such lien arose, if not then to the person for whose  account  the
 same is then held personally, provided such service can be made with due
 diligence  within the county where such lien arose, but if such owner or
 person cannot with due diligence be found within such county, or if  the
 property  affected, other than a security, is a motor vehicle that is to
 be sold pursuant to subdivision three of section two hundred two of this
 article of a value of less than five hundred dollars or  other  property
 that  is  of  a value of less than one hundred dollars, then such notice
 shall be served by mailing it to the owner at his last  known  place  of
 residence,  or  to  his last known post-office address or if the owner's
 place of residence or post-office address is not known, then to the last
 known place of residence or last known post-office address of the person
 for whose account the same is then held personally. Any notice permitted
 herein to be served by mail shall be sent]  by  certified  mail,  return
 receipt  requested,  and  by  first-class  mail.  A like notice shall be
 served [in the same way] BY CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED
 upon any person who shall have given to the lienor notice of an interest
 in  the  property  subject  to  the  lien  and  upon  any person who has
 perfected a security interest in the  property  by  filing  a  financing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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