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NY S05719
Bill
Status
6/21/2013
Primary Sponsor
Dean Skelos
Click for details
AI Summary
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Adds Section 1308 to Real Property Actions and Proceedings Law establishing a summary foreclosure procedure for vacant and abandoned residential properties.
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Defines "vacant and abandoned" property as residential real estate unoccupied by mortgagor or tenant with a pre-existing lease, plus at least two conditions including poor maintenance, public health/safety risks, municipal code violations, mortgagor's written abandonment statement, or other abandonment indicators.
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Excludes from "vacant and abandoned" status properties undergoing active construction/renovation, seasonal buildings that are secure, or buildings involved in probate or title disputes.
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Allows foreclosing parties to bypass the standard requirement for a court-appointed referee to compute amounts due and proceed directly to judgment of foreclosure and sale through summary motion procedures when property meets vacant and abandoned criteria.
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Prevents summary judgment if defendant contests the vacant and abandoned status through answer or objection, and preserves local property maintenance laws and enforcement authority.
Legislative Description
Provides for summary action to foreclose upon vacant and abandoned residential real property.
Last Action
COMMITTED TO RULES
6/20/2014