Senate Bill S4819

2019-2020 Legislative Session

Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2019-S4819 (ACTIVE) - Details

See Assembly Version of this Bill:
A6477
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4055
2015-2016: S1779
2017-2018: S3640
2021-2022: S1579, A5923

2019-S4819 (ACTIVE) - Summary

Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.

2019-S4819 (ACTIVE) - Sponsor Memo

2019-S4819 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4819
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to requiring a plaintiff in a mortgage foreclosure action  to
   maintain the subject property in good faith
 
   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  Good
 Neighbor Act".
   §  2.  Subdivision  1 of 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:
   1. A plaintiff [in] WHO COMMENCES a mortgage foreclosure  action  [who
 obtains],  INCLUDING  A LENDER, AN ASSIGNEE OR A MORTGAGE LOAN SERVICER,
 SEEKING 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 COMMENCEMENT OF THE ACTION OR the issu-
 ance of such judgment, or is abandoned by the mortgagor but occupied  by
 a  tenant,  as defined under section thirteen hundred five of this arti-
 cle, shall IN GOOD FAITH maintain  such  property  until  such  time  as
 ownership  has been transferred through the closing of title in foreclo-
 sure, or other disposition, and the deed for such property has been duly
 recorded; provided, however, that  if  a  municipality  or  governmental
 entity  holds  a  mortgage  subordinate  to one or more mortgages on the
 residential real property, the municipality or governmental entity shall
 not be subject to the requirements of this section.   AS  USED  IN  THIS
 SECTION,  THE  TERM "GOOD FAITH" SHALL BE DEFINED AS HONESTY IN FACT AND
 THE OBSERVANCE OF REASONABLE STANDARDS OF FAIR DEALING.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.