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S01579 Summary:

S01579 Actions:

S01579 Committee Votes:

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S01579 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1579--A
            Cal. No. 197
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  --  reported  favorably  from  said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be  known and may be cited as "The Good
     2  Neighbor Act".
     3    § 2. Subdivision 1 of section 1307 of the real  property  actions  and
     4  proceedings law, as added by chapter 507 of the laws of 2009, is amended
     5  to read as follows:
     6    1.  A  plaintiff [in] who commences a mortgage foreclosure action [who
     7  obtains], including a lender, an assignee or a mortgage  loan  servicer,
     8  seeking  a judgment of foreclosure and sale pursuant to section thirteen
     9  hundred fifty-one of this article, involving residential real  property,
    10  as  defined  in  section  thirteen hundred five of this article, that is
    11  vacant, or becomes vacant after commencement of the action or the  issu-
    12  ance  of such judgment, or is abandoned by the mortgagor but occupied by
    13  a tenant, as defined under section thirteen hundred five of  this  arti-
    14  cle,  shall maintain such property until such time as ownership has been
    15  transferred through the closing of title in foreclosure, or other dispo-
    16  sition, and the deed for such property has been duly recorded; provided,
    17  however, that if a municipality or governmental entity holds a  mortgage
    18  subordinate  to  one or more mortgages on the residential real property,
    19  the municipality or governmental entity shall  not  be  subject  to  the
    20  requirements of this section.
    21    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08533-02-1