Assembly Bill A9341A

2013-2014 Legislative Session

"Abandoned Property Neighborhood Relief Act of 2014"; 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 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

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A9341 - Details

See Senate Version of this Bill:
S7350
Current Committee:
Assembly Ways And Means
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §1307-a, RPAP L

2013-A9341 - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2014"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2013-A9341 - Bill Text download pdf

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

                                  9341

                          I N  A S S E M B L Y

                             April 16, 2014
                               ___________

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  2014";  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

  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 2014".
  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
as  ownership has been transferred through the closing of title in fore-
closure, 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.

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

co-Sponsors

multi-Sponsors

2013-A9341A (ACTIVE) - Details

See Senate Version of this Bill:
S7350
Current Committee:
Assembly Ways And Means
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, add §1307-a, RPAP L

2013-A9341A (ACTIVE) - Summary

Establishes the "Abandoned Property Neighborhood Relief Act of 2014"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

2013-A9341A (ACTIVE) - Bill Text download pdf

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

                                 9341--A

                          I N  A S S E M B L Y

                             April 16, 2014
                               ___________

Introduced  by  M.  of A. WEINSTEIN, JAFFEE, ROSENTHAL, LUPARDO, JACOBS,
  THIELE, GOTTFRIED, ZEBROWSKI, STECK, CLARK, PEOPLES-STOKES,  MAGNAREL-
  LI,  MOSLEY,  BUCHWALD, ABBATE, COLTON, ROBINSON, GALEF, MARKEY, SCAR-
  BOROUGH,  CAMARA,  TITONE,  DAVILA,  RYAN,  MAYER,  COOK,  BRAUNSTEIN,
  ABINANTI,  WEPRIN,  BROOK-KRASNY,  FAHY,  McDONALD,  ORTIZ, GOLDFEDER,
  SANTABARBARA -- Multi-Sponsored by -- M. of A. BRENNAN, PERRY, RIVERA,
  SKARTADOS, SWEENEY -- (at request of the Department of  Law)  --  read
  once  and  referred  to  the  Committee  on  Judiciary -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Ways  and  Means -- 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  2014";  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

  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 2014".
  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

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

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.