Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Jul 16, 2009 |
committed to rules |
Feb 03, 2009 |
advanced to third reading |
Feb 02, 2009 |
2nd report cal. |
Jan 27, 2009 |
1st report cal.5 |
Jan 07, 2009 |
referred to judiciary |
Senate Bill S405
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S405 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2703
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd ยงยง1402 & 1405, RPAP L
2009-S405 (ACTIVE) - Sponsor Memo
BILL NUMBER: S405 TITLE OF BILL : An act to amend the real property actions and proceedings law, in relation to requiring service of notice of foreclosure upon all tenants of the building to be foreclosed upon PURPOSE : This bill requires that notice of foreclosure be served upon all tenants of the building that is being foreclosed. SUMMARY OF PROVISIONS : This bill would amend Section 2 paragraph (f) of subdivision 1 of section 1405 of the real property actions and proceedings law, as added by chapter 231 of the laws of 1998, and a new paragraph (g) is added to read as follows: to any tenant residing within the mortgaged property at the time service of notice is made. JUSTIFICATION : At the present time, when a mortgaged property has been or is in the process of being foreclosed, the following parties are notified: the mortgagor, the obligor on the note, bond or other obligation if other than the mortgagor. If the residing person at the fore- closed property is a tenant with none of the above titles, he or she will not receive a notice. Serving the tenant with foreclosure information
2009-S405 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 405 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to requiring service of notice of foreclosure upon all tenants of the building to be foreclosed upon THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1402 of the real property actions and proceedings law, as amended by chapter 123 of the laws of 2005, is amended to read as follows: 1. Not later than ten days after commencing the non-judicial proceed- ing by filing the notice of pendency pursuant to section fourteen hundred three of this article, and not less than ten days prior to the first service of the notice of sale pursuant to section fourteen hundred six of this article, a copy of the notice of pendency, together with a notice of intention to foreclose, in a writing complying with subdivi- sion two of this section, shall be sent to the mortgagor, the obligor on the note, bond, or other obligation if other than the mortgagor, TO ANY TENANT RESIDING WITHIN THE MORTGAGED PROPERTY AT THE TIME SERVICE OF NOTICE IS MADE, the owner of the mortgaged property, if other than the mortgagor, and to any person or entity having a lien of record upon the mortgaged property, or interest in the mortgaged property subordinate to the mortgage that the mortgagee seeks to foreclose, at the time of the filing of the notice of pendency of which the mortgagee has actual know- ledge or is on constructive notice, both by (a) registered mail or certified mail and (b) ordinary first class mail, or by personal service in the same manner as service of a summons. Such notice shall be sent to the owner of the mortgaged property at the address of the property or at such other address that is known to the mortgagee, to a mortgagor at the mortgagor's address specified in the mortgage or to such other place as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.