NY State Assembly Bill 2013-A7953A

Assembly Bill A7953A

2013-2014 Legislative Session

Directs county clerks to submit to the office of court administration, on a quarterly basis, an itemized report on the surplus moneys for the sales of foreclosed properties

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	ordered to third reading cal.393 returned to assembly died in senate
Jun 21, 2013	referred to rules delivered to senate passed assembly
Jun 19, 2013	ordered to third reading rules cal.566 rules report cal.566 reported reported referred to rules
Jun 17, 2013	print number 7953a
Jun 17, 2013	amend and recommit to ways and means reported referred to ways and means
Jun 11, 2013	referred to judiciary

Bill Amendments

Original

A (Active)

2013-A7953 - Details

See Senate Version of this Bill:: S5750
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§1354 & 1355, RPAP L

2013-A7953 - Summary

Directs county clerks to submit to the office of court administration, on a quarterly basis, an itemized report on the surplus moneys for the sales of foreclosed properties; requires referees to submit report of sale to the county clerk, the former owner of the real property, and the attorney or representative of the former owner.

2013-A7953 - Bill Text download pdf

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

                                  7953

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to reports of the sales of foreclosed real property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1354 of the real property actions  and  proceedings
law is amended by adding a new subdivision 5 to read as follows:
  5. ON A QUARTERLY BASIS, EACH COUNTY CLERK SHALL SUBMIT, TO THE OFFICE
OF  COURT ADMINISTRATION, AN ITEMIZED LIST OF ALL SURPLUS MONEYS ARISING
FROM JUDGMENT FORECLOSURES AND SALES OF REAL PROPERTY IN THE COUNTY  AND
PAID  INTO THE COURT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION DURING
THE PREVIOUS THREE MONTH PERIOD. SUCH ITEMIZED LIST  SHALL  INCLUDE  THE
AMOUNT  OF  SURPLUS  MONEYS  HELD FOR EACH FORECLOSURE OR SALE, THE SALE
PRICE OF THE REAL PROPERTY, THE STREET  ADDRESS  OF  THE  REAL  PROPERTY
SOLD,  THE  REAL PROPERTY TAX IDENTIFICATION NUMBER OF THE PROPERTY, AND
THE NAME OF THE FORMER OWNER OF THE REAL PROPERTY OR HIS OR  HER  REPRE-
SENTATIVE.
  S  2.  Subdivision  1 of section 1355 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. Within thirty days after completing  the  sale  and  executing  the
proper  conveyance to the purchaser, unless such time be extended by the
court within said thirty days, the officer making the  sale  shall  file
with the clerk, THE COUNTY CLERK OF THE COUNTY IN WHICH THE REAL PROPER-
TY  IS  LOCATED, THE FORMER OWNER OF THE REAL PROPERTY, AND THE ATTORNEY
OF RECORD OR REPRESENTATIVE OF THE FORMER OWNER OF THE REAL PROPERTY his
OR HER report under oath of the disposition of ALL the proceeds  of  the
sale,  accompanied  by the vouchers of the persons to whom payments were
made, AND INCLUDING ANY INFORMATION  ON  SURPLUS  OR  POTENTIAL  SURPLUS
MONIES  THAT  WERE PAID TO OR SHOULD BE RETAINED BY SUCH FORMER OWNER OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11062-03-3

A. 7953                             2

THE REAL PROPERTY AFTER ALL  OTHER  LIENS  HAVE  BEEN  SATISFIED.    THE
PROVISION OF SUCH REPORT TO THE FORMER OWNER OF THE REAL PROPERTY AND TO
HIS  OR  HER  ATTORNEY  OF RECORD OR REPRESENTATIVE SHALL BE BY MEANS OF
FIRST  CLASS  MAIL AND ELECTRONIC TRANSMISSION REQUIRING ACKNOWLEDGEMENT
OF RECEIPT BY THE RECIPIENT; PROVIDED, FURTHER, THAT SUCH REPORT TO  THE
FORMER  OWNER  AND  ATTORNEY  OF  RECORD SHALL CONTAIN A CLEAR AND PLAIN
STATEMENT THAT PROMINENTLY DISCLOSES THAT SURPLUS MONIES ARE OR  MAY  BE
OWED  TO  OR  AVAILABLE TO SUCH FORMER OWNER AFTER SUCH FORECLOSURE SALE
HAS BEEN FINALIZED.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

multi-Sponsors

2013-A7953A (ACTIVE) - Details

See Senate Version of this Bill:: S5750
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§1354 & 1355, RPAP L

2013-A7953A (ACTIVE) - Summary

2013-A7953A (ACTIVE) - Bill Text download pdf

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

                                 7953--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary -- 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 to amend the  real  property  actions  and  proceedings  law,  in
  relation to reports of the sales of foreclosed real property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1354 of the real property actions  and  proceedings
law is amended by adding a new subdivision 5 to read as follows:
  5. ON A QUARTERLY BASIS, EACH COUNTY CLERK SHALL SUBMIT, TO THE OFFICE
OF  COURT ADMINISTRATION, STATEMENTS OF DEPOSIT FOR SURPLUS MONEYS ARIS-
ING FROM JUDGMENT FORECLOSURES AND SALES OF REAL PROPERTY IN THE  COUNTY
AND  PAID  INTO  THE  COURT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
DURING THE PREVIOUS THREE MONTH PERIOD. SUCH STATEMENTS OF DEPOSIT SHALL
INCLUDE THE AMOUNT OF SURPLUS MONEYS PAID INTO THE COURT FOR EACH  FORE-
CLOSURE  OR  SALE, THE INDEX NUMBER ASSOCIATED WITH THE RELATED FORECLO-
SURE ACTION, THE NAMES OF THE PARTIES IN THE RELATED FORECLOSURE ACTION,
AND THE NAME OF THE REFEREE THAT CONDUCTED THE SALE.
  S 2. Subdivision 1 of section 1355 of the real  property  actions  and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1.  Within  thirty  days  after  completing the sale and executing the
proper conveyance to the purchaser, unless such time be extended by  the
court  within  said  thirty days, the officer making the sale shall file
with the clerk, THE COUNTY CLERK OF THE COUNTY IN WHICH THE REAL PROPER-
TY IS LOCATED, THE FORMER OWNER OF THE REAL PROPERTY, AND  THE  ATTORNEY
OF RECORD OR REPRESENTATIVE OF THE FORMER OWNER OF THE REAL PROPERTY his
OR  HER  report under oath of the disposition of ALL the proceeds of the
sale, accompanied by the vouchers of the persons to whom  payments  were
made,  AND  INCLUDING  ANY  INFORMATION  ON SURPLUS OR POTENTIAL SURPLUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11062-04-3

A. 7953--A                          2

MONIES THAT WERE PAID TO OR SHOULD BE RETAINED BY SUCH FORMER  OWNER  OF
THE  REAL  PROPERTY  AFTER  ALL  OTHER  LIENS HAVE BEEN SATISFIED.   THE
PROVISION OF SUCH REPORT TO THE FORMER OWNER OF THE REAL PROPERTY AND TO
HIS  OR  HER  ATTORNEY  OF RECORD OR REPRESENTATIVE SHALL BE BY MEANS OF
FIRST CLASS MAIL AND ELECTRONIC TRANSMISSION  REQUIRING  ACKNOWLEDGEMENT
OF  RECEIPT BY THE RECIPIENT; PROVIDED, FURTHER, THAT SUCH REPORT TO THE
FORMER OWNER AND ATTORNEY OF RECORD SHALL  CONTAIN  A  CLEAR  AND  PLAIN
STATEMENT  THAT  PROMINENTLY DISCLOSES THAT SURPLUS MONIES ARE OR MAY BE
OWED TO OR AVAILABLE TO SUCH FORMER OWNER AFTER  SUCH  FORECLOSURE  SALE
HAS BEEN FINALIZED.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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