Assembly Bill A2745

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2745
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the real property law and the  civil  practice  law  and
   rules, in relation to protections for victims of real property theft
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 266 of the real property law, as amended by chapter
 630 of the laws of 2023, is amended to read as follows:
   § 266. 1. Rights of purchaser or incumbrancer for  valuable  consider-
 ation  protected.  This  article does not in any manner affect or impair
 the title of a purchaser or incumbrancer for a  valuable  consideration,
 unless  it  appears  that  such  purchaser  or incumbrancer had previous
 notice, whether actual or constructive, of the fraudulent intent of  his
 immediate  grantor,  or  of  the  fraud rendering void the title of such
 grantor. There shall be a rebuttable presumption, WHICH PRESUMPTION  MAY
 BE  OVERCOME  BY  AN ACCEPTABLE AFFIDAVIT OR TESTIMONY OF THE PURCHASER,
 that a purchaser or incumbrancer  had  notice  of  fraud  or  fraudulent
 intent  in  the case of a transfer of mortgaged real property, between a
 purchaser and seller who are not associated parties, [that is not accom-
 panied by] WHEN NONE OF THE FOLLOWING HAVE OCCURRED:
   (A) the recording with the clerk of the county or with the commission-
 er of deeds in which the property is located, of [a statement]:
   (I) AN INSTRUMENT, executed by the PARTY ASSUMING THE SELLER'S INDEBT-
 EDNESS SECURED BY THE MORTGAGE AND THE  mortgagee,  [and  duly  acknowl-
 edged, stating, substantially, that (a) a party is assuming the seller's
 indebtedness  secured  by  the  mortgage;  or  (b) that the indebtedness
 secured by the mortgage has been  satisfied]  WHEREBY  THE  MORTGAGE  IS
 ASSUMED; OR
   (II) A SATISFACTION OF MORTGAGE OR A RELEASE OF MORTGAGE;
   (B) THE PURCHASER OFFERS EVIDENCE, VIA WRITTEN OR ORAL TESTIMONY, THAT
 THEY  REASONABLY  BELIEVED  THE INDEBTEDNESS SECURED BY THE MORTGAGE HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05455-01-5
              

 A. 2745                             2
 
 BEEN PAID OFF, WHICH EVIDENCE MAY INCLUDE BUT NOT BE LIMITED  TO  COPIES
 OF A PAYOFF STATEMENT OR SETTLEMENT STATEMENT ACCOMPANIED WITH COPIES OF
 THE  CHECKS  OR  WIRE TRANSMITTALS USED TO PAY THE MORTGAGE OFF, A TITLE
 INSURANCE  POLICY  SHOWING  THAT  THE  MORTGAGE  WAS NOT EXCEPTED IN THE
 GRANTOR'S TITLE INSURANCE POLICY, OR A TITLE  INSURANCE  POLICY  SHOWING
 THAT  THE  MORTGAGE  WAS  NOT  EXCEPTED IN THE GRANTEE'S TITLE INSURANCE
 POLICY.
   2. For the purposes of this section, "associated parties" means spous-
 es, ex-spouses, parents and children, siblings,  a  homeowner  and  that
 homeowner's  family  trust,  or a homeowner and that homeowner's wholly-
 owned limited liability company.
   § 2. Subdivision (c) of section 6501 of the  civil  practice  law  and
 rules, as added by chapter 630 of the laws of 2023, is amended and a new
 subdivision (d) is added to read as follows:
   (c)  Notwithstanding  any provision of subdivision (a) of this section
 to the contrary, a notice of pendency [may SHALL be filed by a  district
 attorney's  office or the office of the attorney general upon the filing
 of a criminal complaint or indictment that allege charges affecting  the
 title  to,  incumbrance of or possession of real property, in the county
 where the real property is located. [A notice  of  pendency  filed  will
 remain  in  effect  until  the  prosecution of a criminal case is either
 dismissed, or otherwise disposed of at sentencing and is not subject  to
 a  three  year  period  of  expiration  under  section six thousand five
 hundred thirteen of this article] SUCH NOTICE OF PENDENCY  SHALL  REMAIN
 IN  EFFECT  FOR  A  PERIOD OF THREE YEARS PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED THIRTEEN OF THIS ARTICLE BUT MAY BE RENEWED WITHOUT COURT  ORDER
 TWICE.
   (D) ANY NOTICE OF PENDENCY FILED PURSUANT TO SUBDIVISION (B) OR (C) OF
 THIS  SECTION SHALL BE CANCELLED WITHIN THIRTY DAYS PURSUANT TO SUBDIVI-
 SION (E) OF SECTION SIX THOUSAND  FOURTEEN  OF  THIS  ARTICLE  WHEN  THE
 INVESTIGATION OR ACTION IS NO LONGER ONGOING.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.