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This entry was published on 2014-09-22
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Deed in lieu of foreclosure
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 8, SUBTITLE 1
§ 1804-a. Deed in lieu of foreclosure. 1. The authority is hereby
authorized to require at the time of the making of the loan or issuance
of the loan guarantee, or at any time thereafter, in a form acceptable
to it, a deed to all rights and interests in the real or personal
property, as a security interest, such deed to be termed a "deed in lieu
of foreclosure", and is empowered hereby to record such deed upon a
default in the payment or terms of any loan made or guaranteed by the
authority. By such recording title to and all rights of ownership in
such property shall be thereby transferred to the authority
notwithstanding the existence of any other deeds which are, or may be,
recorded after the filing of a notice by the authority concerning the
existence of such deed in lieu of foreclosure in accordance with
subdivision six of this section and such later recorded deeds except for
the deed in lieu of foreclosure shall be void and unenforceable.

2. Notwithstanding such transfer, all liens upon such property which
are duly perfected prior to the recording of such deed in lieu of
foreclosure, including any lien of the authority, shall continue in full
effect and shall be subject to foreclosure at the suit of any of the
lienholders, including the authority, and such lienholders' mortgage or
other security interest shall not be deemed merged or unenforceable by
such transfer.

3. Such deed given prior to recording shall be fully effective in
passing title and all rights of ownership upon recording thereof by the
authority notwithstanding the passage of time or changes in the
ownership and officers of the project owner.

4. Notice that such deed in lieu of foreclosure exists shall be
recorded in the office of the clerk of the county where such real or
personal property is situated and shall be in the form prescribed in
subdivision six of this section.

5. After the recording of such deed by the authority, the authority
shall commence a foreclosure action upon its lien within one hundred
twenty days in accordance with the real property actions and proceedings
law. The grantor and former project owner may commence an action to
compel the authority to foreclose its lien after such period of time,
and is entitled to the excess of funds received from the foreclosure
sale over the total liens outstanding on the property.

6. Such notice shall be in the form of a deed, duly acknowledged by
the grantor and stating on its face "This is a security interest held by
the New York job development authority and shall pass title to the
within described property upon the recording of such deed in accordance
with section eighteen hundred four-a of the public authorities law".