Bill Text: NY A05923 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 5923 (Prior Session Legislation)

Bill Title: Requires a plaintiff including a lender, an assignee or a mortgage loan servicer in a mortgage foreclosure action to maintain the subject property.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2021-06-01 - substituted by s1579a [A05923 Detail]

Download: New_York-2021-A05923-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         5923--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2021
                                       ___________

        Introduced by M. of A. ZINERMAN, SILLITTI, NOLAN, DICKENS, TAYLOR, JACK-
          SON -- read once and referred to the Committee on Judiciary -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        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.
                                                                   LBD08533-03-1