senate Bill S3130

2021-2022 Legislative Session

Directs the court to provide notice to the former owners of foreclosed property of the right to file a claim for the excess funds from the sale of the real property

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2022 reported and committed to finance
Jan 05, 2022 referred to housing, construction and community development
May 04, 2021 reported and committed to finance
Apr 21, 2021 committee discharged and committed to housing, construction and community development
Jan 27, 2021 referred to finance

Votes

view votes

Jan 25, 2022 - Housing, Construction and Community Development committee Vote

S3130
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jan 25, 2022

May 4, 2021 - Housing, Construction and Community Development committee Vote

S3130
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 4, 2021

Co-Sponsors

S3130 (ACTIVE) - Details

See Assembly Version of this Bill:
A7579
Current Committee:
Senate Finance
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1354, RPAP L; amd §1136, RPT L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6259
2017-2018: S3948, A10168
2019-2020: S882, S4683, A7160

S3130 (ACTIVE) - Summary

Directs the court to provide notice to the former owners of foreclosed property of the right to file a claim for the excess funds from the sale of the real property.

S3130 (ACTIVE) - Sponsor Memo

S3130 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3130
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. KAVANAGH, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   real property tax law, in relation to requiring the court in  a  fore-
   closure action to provide notice to the former owner of the real prop-
   erty  of  the  right to apply for surplus moneys from the sale of such
   property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1354 of the real property actions and proceedings
 law is amended by adding a new subdivision 5 to read as follows:
   5. THE COURT SHALL PROVIDE NOTICE TO THE FORMER OWNER OR OWNERS OF THE
 FORECLOSED REAL PROPERTY OF THE EXISTENCE OF  SURPLUS  MONEYS  RESULTING
 FROM  THE  SALE AND THEIR RIGHT TO FILE A WRITTEN NOTICE OF CLAIM TO ALL
 OR A PORTION OF SUCH  PROCEEDS  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SIXTY-ONE OF THIS ARTICLE.
   §  2. Section 1136 of the real property tax law is amended by adding a
 new subdivision 4 to read as follows:
   4. NOTICE TO FORMER OWNERS. IN THE EVENT THE COURT DIRECTS THE SALE OF
 REAL PROPERTY PURSUANT TO THIS SECTION, THE COURT SHALL  PROVIDE  NOTICE
 TO  THE  FORMER  OWNER  OR  OWNERS  OF THE FORECLOSED REAL PROPERTY THAT
 OWNERSHIP OF SUCH PROPERTY HAS BEEN TRANSFERRED TO A MUNICIPALITY  OR  A
 TAX  DISTRICT,  THAT  AFTER  THE  SALE THEREOF THERE IS A POTENTIAL THAT
 SURPLUS MONEYS MAY RESULT FROM THE SALE  AND  IN  THE  EVENT  A  SURPLUS
 RESULTS,  SUCH  OWNER  OR  OWNERS  SHALL  HAVE A RIGHT TO FILE A WRITTEN
 NOTICE OF CLAIM TO ALL OR A PORTION OF SUCH PROCEEDS PURSUANT TO SECTION
 THIRTEEN HUNDRED SIXTY-ONE OF THE REAL PROPERTY ACTIONS AND  PROCEEDINGS
 LAW.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06340-01-1

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