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NY A02745

Bill

Status

Introduced

1/22/2025

Primary Sponsor

Catalina Cruz

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Creates a rebuttable presumption that property purchasers had notice of fraud when mortgaged real property is transferred between unrelated parties without proper documentation, which can be overcome by affidavit or testimony from the purchaser

  • Requires either recording of a mortgage assumption instrument signed by both the assuming party and mortgagee, or a satisfaction/release of mortgage to avoid the fraud presumption

  • Allows purchasers to overcome fraud presumption by providing evidence they reasonably believed the mortgage was paid off, including payoff statements, wire transmittals, or title insurance policies showing the mortgage was not excepted

  • Requires district attorneys and the attorney general to file notices of pendency when criminal complaints or indictments affect real property title, with notices lasting three years and renewable twice without court order

  • Mandates cancellation of notices of pendency within 30 days when the related investigation or legal action is no longer ongoing

Legislative Description

Relates to protections for victims of real property theft, providing for a rebuttable presumption that a purchaser or incumbrancer has notice of fraud or fraudulent intent in certain circumstances.

Last Action

referred to judiciary

1/7/2026

Committee Referrals

Judiciary1/22/2025

Full Bill Text

No bill text available