Senate Bill S5079

Signed By Governor
2019-2020 Legislative Session

Enacts the "zombie property remediation act of 2019" relating to foreclosure actions involving abandoned properties

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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Actions
Votes

Bill Amendments

co-Sponsors

2019-S5079 - Details

See Assembly Version of this Bill:
A1859
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9655
2017-2018: A1563

2019-S5079 - Summary

Enacts the "zombie property remediation act of 2019".

2019-S5079 - Sponsor Memo

2019-S5079 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5079
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 authorizing municipalities to compel mortgagees either  to
   complete  a  mortgage foreclosure proceeding pursuant to article 13 of
   the real property actions and proceedings law or to  issue  a  certif-
   icate  of  discharge  of  the mortgage for any property which has been
   certified abandoned pursuant to section  1971  of  the  real  property
   actions and proceedings law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "zombie property remediation act of 2019".
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 1392 to read as follows:
   § 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 MOVE THE CASE 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  PAPERWORK  TO  MOVE  THE
 CASE TO JUDGMENT FORECLOSURE WITHIN THREE MONTHS; OR (C) ISSUE A CERTIF-
 ICATE OF DISCHARGE OF THE MORTGAGE WITHIN THREE MONTHS AND FILE A SATIS-
 FACTION OF THE MORTGAGE WITH THE APPROPRIATE LOCAL OFFICE.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S5079A (ACTIVE) - Details

See Assembly Version of this Bill:
A1859
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9655
2017-2018: A1563

2019-S5079A (ACTIVE) - Summary

Enacts the "zombie property remediation act of 2019".

2019-S5079A (ACTIVE) - Sponsor Memo

2019-S5079A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5079--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2019
                                ___________
 
 Introduced  by Sens. SKOUFIS, KENNEDY -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction  and  Community Development -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to authorizing municipalities to compel mortgagees either  to
   complete  a  mortgage foreclosure proceeding pursuant to article 13 of
   the real property actions and proceedings law or to  issue  a  certif-
   icate  of  discharge  of  the mortgage for any property which has been
   certified abandoned pursuant to section  1971  of  the  real  property
   actions and proceedings law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "zombie property remediation act of 2019".
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 1392 to read as follows:
   § 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.
   § 3. This act shall take effect immediately.

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