Assembly Bill A6932

2015-2016 Legislative Session

"Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A6932 - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §§1307-a & 1308, RPAP L; add §91-g, St Fin L

2015-A6932 - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2015-A6932 - Bill Text download pdf

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

                                  6932

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by  M.  of  A. WEINSTEIN -- (at request of the Department of
  Law) -- read once and referred to the Committee on Judiciary

AN ACT establishing the "New York state abandoned property  neighborhood
  relief  act  of  2015";  and  to  amend  the real property actions and
  proceedings law, in relation to the duty of the mortgagee or its  loan
  servicing  agent  to  maintain property secured by delinquent mortgage
  and in relation to special foreclosure proceedings  for  vacant  aban-
  doned  property;  and  to  amend the state finance law, in relation to
  establishing the abandoned property neighborhood relief fund

  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 "New York
state abandoned property neighborhood relief act of 2015".
  S 2. 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:
  S 1307. Duty to maintain [foreclosed] property SECURED  BY  DELINQUENT
MORTGAGE.   1. [A plaintiff in a mortgage foreclosure action who obtains
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 the issuance of such judgment, or is
abandoned by the mortgagor but occupied by a tenant] (A) WITH RESPECT TO
A MORTGAGE LOAN SECURED BY RESIDENTIAL REAL PROPERTY, as  defined  under
section  thirteen  hundred  five  of this article, WHERE THE PROPERTY IS
"VACANT AND ABANDONED" AS DEFINED IN PARAGRAPH (B) OF  THIS  SUBDIVISION
OR  A FORECLOSURE ACTION HAS BEEN COMMENCED AGAINST THE PROPERTY BECAUSE
THE MORTGAGOR HAS FAILED TO MAINTAIN THE PROPERTY OR WHERE A JUDGMENT OF
FORECLOSURE UNDER SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE HAS
BEEN OBTAINED ON THE PROPERTY THAT HAS BEEN ABANDONED BY  THE  MORTGAGOR
BUT  REMAINS  OCCUPIED BY A TENANT LAWFULLY IN POSSESSION, THE MORTGAGEE
OR ITS LOAN SERVICING AGENT shall maintain such property until such time

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09229-04-5
              

co-Sponsors

multi-Sponsors

2015-A6932A (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §§1307-a & 1308, RPAP L; add §91-g, St Fin L

2015-A6932A (ACTIVE) - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2015-A6932A (ACTIVE) - Bill Text download pdf

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

                                 6932--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, WOERNER, BRINDISI, SKARTADOS, KAMIN-
  SKY, RUSSELL, MAGNARELLI, SKOUFIS, LAVINE, SOLAGES, ROBINSON,  CAHILL,
  BARRETT,  PEOPLES-STOKES,  MAYER, SANTABARBARA, HOOPER, SCHIMEL, FAHY,
  WOZNIAK, TITONE -- Multi-Sponsored by -- M.  of  A.  CERETTO,  CURRAN,
  GALEF,  KEARNS,  McDONALD,  MURRAY -- (at request of the Department of
  Law) -- read once and referred to the Committee on Judiciary -- recom-
  mitted to the Committee on Judiciary in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT establishing the "New York state abandoned property  neighborhood
  relief  act  of  2016";  and  to  amend  the real property actions and
  proceedings law, in relation to the duty of the mortgagee or its  loan
  servicing  agent  to  maintain property secured by delinquent mortgage
  and in relation to special foreclosure proceedings  for  vacant  aban-
  doned  property;  and  to  amend the state finance law, in relation to
  establishing the abandoned property neighborhood relief fund

  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 "New York
state abandoned property neighborhood relief act of 2016".
  S 2. 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:
  S 1307. Duty to maintain [foreclosed] property SECURED  BY  DELINQUENT
MORTGAGE.   1. [A plaintiff in a mortgage foreclosure action who obtains
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 the issuance of such judgment, or is
abandoned by the mortgagor but occupied by a tenant] (A) WITH RESPECT TO
A MORTGAGE LOAN SECURED BY RESIDENTIAL REAL PROPERTY, as  defined  under
section  thirteen  hundred  five  of this article, WHERE THE PROPERTY IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09229-09-6
              

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.