Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Feb 15, 2013 |
print number 824a |
Feb 15, 2013 |
amend (t) and recommit to judiciary |
Jan 09, 2013 |
referred to judiciary |
Assembly Bill A824A
2013-2014 Legislative Session
Sponsored By
KEARNS
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
Actions
Bill Amendments
co-Sponsors
Ellen C. Jaffee
Phil Steck
Dennis H. Gabryszak
Annette Robinson
multi-Sponsors
Jane Corwin
Richard Gottfried
John T. McDonald III
Dan Stec
2013-A824 - Details
2013-A824 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 824 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. KEARNS -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to a plaintiff in a mortgage foreclosure action obtaining a judgment of foreclosure and sale in good faith THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 a mortgage foreclosure action who IN GOOD FAITH 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, as defined under section thirteen hundred five of this article, shall maintain such prop- erty until such time as ownership has been transferred through the clos- ing of title in foreclosure, or other disposition, and the deed for such property has been duly recorded; provided, however, that if a munici- pality 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01068-01-3
co-Sponsors
Ellen C. Jaffee
Phil Steck
William Scarborough
Michelle Schimel
multi-Sponsors
James F. Brennan
Vivian Cook
Jane Corwin
Janet Duprey
2013-A824A (ACTIVE) - Details
2013-A824A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 824--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. KEARNS, JAFFEE, STECK, GABRYSZAK, ROBINSON, SCAR- BOROUGH, SCHIMEL -- Multi-Sponsored by -- M. of A. CORWIN, GOTTFRIED, McDONALD, STEC -- read once and referred to the Committee on Judiciary -- 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 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. 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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