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Senate Bill S1579A

Signed By Governor

2021-2022 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2021-S1579 - Details

See Assembly Version of this Bill:
A5923
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
2019-2020: S4819, A6477

2021-S1579 - Summary

Requires a plaintiff including a lender, an assignee or a mortgage loan servicer in a mortgage foreclosure action to maintain the subject property.

2021-S1579 - Sponsor Memo

2021-S1579 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1579
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 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.

2021-S1579A (ACTIVE) - Details

See Assembly Version of this Bill:
A5923
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
2019-2020: S4819, A6477

2021-S1579A (ACTIVE) - Summary

Requires a plaintiff including a lender, an assignee or a mortgage loan servicer in a mortgage foreclosure action to maintain the subject property.

2021-S1579A (ACTIVE) - Sponsor Memo

2021-S1579A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1579--A
     Cal. No. 197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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
 
   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 maintain such property until such time as ownership has been
 transferred through the closing of title in foreclosure, or other dispo-
 sition, 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.
   § 3. This act shall take effect immediately.

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