Relates to the elimination of the requirement of serving a notice of sale upon an owner of property if such owner resides in the same county as the lienor.
STATE OF NEW YORK
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5863
2017-2018 Regular Sessions
IN SENATE
May 3, 2017
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the lien law, in relation to eliminating the requirement
that a notice of sale must be served upon an owner of property if such
owner resides in the same county as the lienor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 201 of the lien law, as
2 amended by chapter 354 of the laws of 2008, is amended to read as
3 follows:
4 Before such sale is held the lienor shall serve a notice upon the
5 owner [with due diligence within such county, if such owner can be found
6 where such lien arose, if not then to the person for whose account the
7 same is then held personally, provided such service can be made with due
8 diligence within the county where such lien arose, but if such owner or
9 person cannot with due diligence be found within such county, or if the
10 property affected, other than a security, is a motor vehicle that is to
11 be sold pursuant to subdivision three of section two hundred two of this
12 article of a value of less than five hundred dollars or other property
13 that is of a value of less than one hundred dollars, then such notice
14 shall be served by mailing it to the owner at his last known place of
15 residence, or to his last known post-office address or if the owner's
16 place of residence or post-office address is not known, then to the last
17 known place of residence or last known post-office address of the person
18 for whose account the same is then held personally. Any notice permitted
19 herein to be served by mail shall be sent] by certified mail, return
20 receipt requested, and by first-class mail. A like notice shall be
21 served [in the same way] by certified mail, return receipt requested
22 upon any person who shall have given to the lienor notice of an interest
23 in the property subject to the lien and upon any person who has
24 perfected a security interest in the property by filing a financing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11381-01-7
S. 5863 2
1 statement pursuant to the provisions of the uniform commercial code or
2 who is listed as lienholder upon the certificate of title of the proper-
3 ty pursuant to the provisions of the vehicle and traffic law. Such
4 notice shall contain a statement of the following facts:
5 § 2. This act shall take effect immediately.
