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This entry was published on 2019-12-20
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Foreclosure actions involving abandoned properties
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 1392. Foreclosure actions involving abandoned properties. If a
property has been certified abandoned pursuant to section nineteen
hundred seventy-one of this chapter, or deemed vacant and abandoned
pursuant to section thirteen hundred nine of this article, the city,
village, or town in which the property is located may commence a
proceeding in a court of competent jurisdiction in the county in which
the property is located to compel any or all mortgagees to: (a) if the
note is in default, the mortgagee shall commence a foreclosure procedure
within three months and shall meet all deadlines to ensure the case is
ready to be moved to judgment within a reasonable time period but not to
exceed one year; (b) if a foreclosure has already been commenced, file
the necessary motions and within three months paperwork to move the case
to judgment foreclosure within three months; or (c) issue a certificate
of discharge of the mortgage within three months and file a satisfaction
of the mortgage with the appropriate local office.