Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
Mar 06, 2019 |
referred to judiciary |
Assembly Bill A6339
2019-2020 Legislative Session
Sponsored By
PERRY
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
Actions
2019-A6339 (ACTIVE) - Details
2019-A6339 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6339 2019-2020 Regular Sessions I N A S S E M B L Y March 6, 2019 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to compelling the delivery of real property subject to a fraudulent transfer to the person entitled thereto and provides for the recording of judgments and orders relating to a fraudulent convey- ance of title to property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 221 of the real property actions and proceedings law, as amended by chapter 507 of the laws of 2009, is amended to read as follows: § 221. Compelling delivery of possession of real property. 1. (A) Where a judgment affecting the title to, or the possession, enjoyment or use of, real property allots to any person a distinct parcel of real property, or contains a direction for the sale of real property, or confirms such an allotment or sale, it also may direct the delivery of the possession of the property to the person entitled thereto, subject to the rights and obligations set forth in section thirteen hundred five of this chapter. (B) UPON A FINDING BY A CIVIL OR CRIMINAL COURT OF COMPETENT JURISDIC- TION THAT A TRANSFER OF TITLE TO REAL PROPERTY WAS EFFECTED IN WHOLE OR IN PART BY FRAUD, THE COURT IN ITS WRITTEN JUDGMENT SHALL DIRECT THE DELIVERY OF THE POSSESSION OF THE PROPERTY TO THE PERSON WHO OR ENTITY THAT THE COURT FINDS TO BE THE LAST BONA FIDE OWNER OF THE PROPERTY PRIOR TO THE FRAUDULENT TRANSFER AND SHALL DIRECT THAT TITLE TO SUCH PROPERTY BE RESTORED TO SUCH PERSON OR ENTITY. THE COURT SHALL ARRANGE FOR THE JUDGMENT AND ORDER TO BE PROVIDED TO THE OFFICES OF THE RECORD- ING CLERK FOR THE COUNTY OR CITY IN WHICH THE PROPERTY IS LOCATED. THE RECORDING CLERK SHALL PROMPTLY RECORD THE JUDGMENT AND ORDER AND PLACE A NOTATION ON ANY DOCUMENTS DEEMED FRAUDULENT BY THE COURT AND ON ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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