Assembly Bill A7027

2013-2014 Legislative Session

Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2013-A7027 (ACTIVE) - Details

See Senate Version of this Bill:
S4055
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง1307, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A335, S1779
2017-2018: S3640
2019-2020: S4819
2021-2022: S1579

2013-A7027 (ACTIVE) - Summary

Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.

2013-A7027 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7027

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 30, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to requiring a plaintiff in a mortgage foreclosure action to
  maintain the subject property in good faith

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be  known and may be cited as "The Good
Neighbor Act".
  S 2. Subdivision 1 of section 1307 of the real  property  actions  and
proceedings law, as added by chapter 507 of the laws of 2009, is amended
to read as follows:
  1.  A  plaintiff [in] WHO COMMENCES a mortgage foreclosure action [who
obtains], INCLUDING A LENDER, AN ASSIGNEE OR A MORTGAGE  LOAN  SERVICER,
SEEKING  a judgment of foreclosure and sale pursuant to section thirteen
hundred fifty-one of this article, involving residential real  property,
as  defined  in  section  thirteen hundred five of this article, that is
vacant, or becomes vacant after COMMENCEMENT OF THE ACTION OR the  issu-
ance  of such judgment, or is abandoned by the mortgagor but occupied by
a tenant, as defined under section thirteen hundred five of  this  arti-
cle,  shall  IN  GOOD  FAITH  maintain  such property until such time as
ownership has been transferred through the closing of title in  foreclo-
sure, or other disposition, and the deed for such property has been duly
recorded;  provided,  however,  that  if  a municipality or governmental
entity holds a mortgage subordinate to one  or  more  mortgages  on  the
residential real property, the municipality or governmental entity shall
not  be  subject  to  the requirements of this section.  AS USED IN THIS
SECTION, THE TERM "GOOD FAITH" SHALL BE DEFINED AS HONESTY IN  FACT  AND
THE OBSERVANCE OF REASONABLE STANDARDS OF FAIR DEALING.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01068-04-3

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.