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NY S05719

Bill

Status

Engrossed

6/21/2013

Primary Sponsor

Dean Skelos

Click for details

Origin

Senate

2013-2014 General Assembly

AI Summary

  • Adds Section 1308 to Real Property Actions and Proceedings Law establishing a summary foreclosure procedure for vacant and abandoned residential properties.

  • 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.

  • Excludes from "vacant and abandoned" status properties undergoing active construction/renovation, seasonal buildings that are secure, or buildings involved in probate or title disputes.

  • 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.

  • 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

Committee Referrals

Rules6/20/2014
Housing, Construction, and Community Development1/8/2014
Judiciary6/24/2013
Rules6/21/2013
Housing, Construction, and Community Development6/7/2013

Full Bill Text

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