Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to housing, construction and community development |
Jun 25, 2015 |
committed to rules |
May 06, 2015 |
advanced to third reading |
May 05, 2015 |
2nd report cal. |
May 04, 2015 |
1st report cal.498 |
Mar 25, 2015 |
referred to housing, construction and community development |
Senate Bill S4498
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(R, C, IP, RFM) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S4498 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8318
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Add §1308, RPAP L
- Versions Introduced in 2013-2014 Legislative Session:
-
S5719, A7871
2015-S4498 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4498 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to summary action to foreclose mortgages on vacant and abandoned residential property PURPOSE OF BILL: This allows for an expedited procedure for abandoned property foreclosure for residential properties. Through this process, once the property has been deemed abandoned by the court, plaintiffs would be authorized to move for judgment and sale after a foreclosure complaint is filed and the time for all defendants to answer has expired. SUMMARY OF PROVISIONS: The bill would create a new § 1308 to the Real Property Actions and Proceedings Law entitled "Abandoned Property Foreclosure Summary Procedure." * Section 1308(1)(a) would define "vacant and abandoned" residential property under the new Section as that which a mortgagee proves, through reports, affidavits, affirmations, photographs or otherwise, to the satisfaction of the Court, that the property is, vacant and has
2015-S4498 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4498 2015-2016 Regular Sessions I N S E N A T E March 25, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property actions and proceedings law, in relation to summary action to foreclose mortgages on vacant and aban- doned residential property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property actions and proceedings law is amended by adding a new section 1308 to read as follows: S 1308. ABANDONED PROPERTY FORECLOSURE SUMMARY PROCEDURE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY: (A) "VACANT AND ABANDONED" RESIDENTIAL PROPERTY MEANS RESIDENTIAL REAL PROPERTY, AS DEFINED IN SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE, WITH RESPECT TO WHICH THE MORTGAGEE PROVES BY REPORTS, AFFIDAVIT OR AFFIDAVITS, AFFIRMATION OR AFFIRMATIONS, PHOTOGRAPHS OR OTHERWISE, OR ANY COMBINATION THEREOF TO THE SATISFACTION OF THE COURT, THAT THE MORT- GAGED REAL PROPERTY IS VACANT AND HAS BEEN ABANDONED. REAL PROPERTY SHALL BE DEEMED "VACANT AND ABANDONED" IF THE COURT FINDS THAT THE MORT- GAGED PROPERTY IS NOT OCCUPIED BY A MORTGAGOR OR TENANT PURSUANT TO AND AS EVIDENCED BY A WRITTEN LEASE AGREEMENT IN THE TENANT'S POSSESSION ENTERED INTO PRIOR TO THE INITIATION OF THE FORECLOSURE ACTION, AND AT LEAST TWO OF THE FOLLOWING CONDITIONS EXIST: (I) THE PROPERTY IS NOT MAINTAINED BY A MORTGAGOR IN A MANNER CONSIST- ENT WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE; (II) THE PROPERTY IS A RISK TO THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC, OR ANY ADJOINING OR ADJACENT PROPERTY OWNERS, WHICH EXISTS DUE TO ACTS OF VANDALISM, LOITERING, CRIMINAL CONDUCT, OR PHYSICAL DESTRUCTION OR DETERIORATION OF THE PROPERTY; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10099-01-5
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