Assembly Bill A5923A

Signed By Governor
2021-2022 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 Via S1579 - 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

2021-A5923 - Details

See Senate Version of this Bill:
S1579
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4055
2015-2016: S1779
2017-2018: S3640
2019-2020: A6477, S4819

2021-A5923 - Summary

Requires a plaintiff including a lender, an assignee or a mortgage loan servicer in a mortgage foreclosure action to maintain the subject property.

2021-A5923 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5923
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 Introduced  by  M.  of  A. ZINERMAN, SILLITTI, NOLAN, DICKENS, TAYLOR --
   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".
   § 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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08533-01-1

co-Sponsors

2021-A5923A (ACTIVE) - Details

See Senate Version of this Bill:
S1579
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4055
2015-2016: S1779
2017-2018: S3640
2019-2020: A6477, S4819

2021-A5923A (ACTIVE) - Summary

Requires a plaintiff including a lender, an assignee or a mortgage loan servicer in a mortgage foreclosure action to maintain the subject property.

2021-A5923A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5923--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 Introduced by M. of A. ZINERMAN, SILLITTI, NOLAN, DICKENS, TAYLOR, JACK-
   SON -- read once and referred to the Committee on Judiciary -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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
 
   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".
   § 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 maintain such property until such time as ownership has been
 transferred through the closing of title in foreclosure, or other dispo-
 sition, 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.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08533-03-1

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