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Search New York Codes. The Department’s recently published final regulation, implementing the new legislation, explains how mortgagees are to determine whether they qualify for the exemption or the prospective-only obligation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. The law, located at Real Property Actions and Proceedings If the servicer or its agent determines that the property is vacant and abandoned (as defined in RPAPL § 1309), then it must, within seven business days of the determination, post notice on an easily accessible part of the property that would be reasonably visible to the borrower, property owner or occupant, and monitor the property (1) for any change in occupancy or contact with the borrower, property owner or occupant; and (2) to ensure that the notice remains posted so long as the duty to maintain the property (detailed below) applies. This act shall be known and may be cited as the "zombie property remediation act of 2019". 7 . Problem Background. Your support or opposition to this bill is then shared immediately with the senator who represents you. Subject to bankruptcy filings, cease and desist orders, threats of violence, or active loss mitigation efforts, the mortgagee or its agent must complete an exterior inspection of the subject property to determine occupancy within 90 days the date on which the loan for the property becomes delinquent. The Act went into effect on December 18, 2019. Last year, New York Attorney General Eric Schneiderman estimated that there were as many as 16,700 zombie properties in New York. September 27, 2017. “Abandoned homes become magnets for crime, drag down property values and drain municipal coffers. Attorney General Eric T. Schneiderman said: "This law is major victory for New Yorkers living in communities throughout the state, as it will give regulators and law enforcement the tools they need to revitalize neighborhoods that have been devastated by the proliferation of zombie homes. Zombie Foreclosure Laws and Task Force in New York In late 2019, New York Governor Andrew Cuomo signed legislation that gives local municipalities more power to fight against zombie properties. The law authorizes local governments to compel mortgage lenders to foreclose in a timely manner or release abandoned properties to allow for resolution on a local level. The law imposes a duty to inspect, secure and maintain vacant and abandoned properties on mortgagees or their servicing agents. To secure the property, the mortgagee or its agent shall: The mortgagee or servicer must also respond to government inquiries regarding property condition, subject to restrictions regarding financial privacy, and ensure that the posted notice remains posted on an easily accessible part of the property that would be reasonably visible to the borrower, property owner or occupant so long as the duty to maintain applies. Andrew Cuomo signed into law legislation passed just days earlier that, among other things, is designed to tackle New York state's "zombie property" problem. The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. The New York State Department of Financial Services (“DFS”) has finalized a new Part 422 to its regulations (“Final Regulation”) that require banks and mortgage servicers to report and maintain vacant and abandoned properties, commonly referred to as “zombie properties.” The Final Regulation expands upon legislation signed into law earlier … This new law will make it easier for municipalities to reclaim and redevelop zombie properties in order to return them to the property tax rolls. Share Show more sharing options. amend and recommit to housing, construction and community development, referred to housing, construction and community development, show Housing, Construction and Community Development committee vote details, View More Cancel « Prev. Existing state and local code enforcement laws have generally obligated only owners, and not lienholders, to maintain properties, so the Zombie Law … This period of vacancy has become too familiar in the state of New York, resulting in the deterioration of once well-kept homes. Zombie Property: Expedited Foreclosure Application for an Expedited Judgment of Foreclosure and Sale (RPAPL § 1309) The new law creates a streamlined foreclosure process whereby the mortgagee-plaintiff can apply, by notice of motion or order to show cause, for an expedited judgment of foreclosure and sale on the grounds that the property is vacant and abandoned, as defined in RPAPL § 1309. Effective December 20, 2016, Sections 1308 and 1310 of the New York Real Property Action and Proceedings Law (RPAPL), obligates mortgagees and servicers to assume certain responsibilities in connection with vacant and abandoned residential properties securing mortgage loans in their portfolios. Send me alerts for this bill. The law comes after the plague of zombie properties is prevalent with thousands of abandoned properties across the state of New York, some in foreclosure limbo for years. A mortgagee who has determined a property to be vacant and abandoned and who has secured the same shall take reasonable and necessary actions, to maintain the property in a manner consistent with the standards set forth in §§ 301, 302 (excluding 302.2, 302.6 and 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1, and 308.1 of the New York Property Maintenance Code, to the extent that the mortgagee is able to obtain necessary or required permits or approvals. Although the zombie property legislation does not have an official title, it is commonly being referred to as New York’s 2016 Zombie Property and Foreclosure Prevention Legislation (hereinafter referred to as “the Act”). In the case of zombie properties, … Home address is used to determine the senate district in which you reside. The zombie property provisions were included as Part Q of Chapter 73. The Department of Financial Services shall maintain a statewide Vacant and Abandoned Property Database for the registration of “vacant and abandoned properties” within the State of New York. Governor Andrew Cuomo has signed a new law (S.4190 /A.6976) requiring mortgage servicers to provide contact information so local governments can easily reach those responsible for maintaining vacant properties in their communities. Zombie houses have been known to … The Superintendent is authorized to pursue any suspected violation, as is the municipality in which the subject property is located. The Zombie Remediation and Prevention Initiative coincided with the passage of the New York State Abandoned Property Neighborhood Relief Act of 2016 (the “Zombie Law”) which requires banks and other mortgagees to externally maintain vacant one-to-four family houses during the foreclosure process or face a potential penalty of up to $500 per day per property. (Optional). On June 27, 2016, Governor Cuomo signed into law Chapter 73 of the 2016 Laws of the State of New York, entitled the Abandoned Property Relief Act of 2016 1 *, namely Sections 1308, 1309 and 1310 of the Real Property Actions and Proceedings Law (“RPAPL ) to confront the lingering vacant and abandoned residential property epidemic resulting from the mortgage foreclosure crisis that continues to blight New York recently enacted the Zombie Property Remediation Act of 2019 (the Act), which allows municipalities to compel mortgagees to either commence or complete mortgage foreclosure proceedings or issue a certificate of discharge of the mortgage for any abandoned property (i.e., zombie property). The New York State Department of Financial Services (“DFS”) has released the Vacant and Abandoned Property Exemption Form (“Exemption Form”), allowing qualifying financial institutions to claim an exemption from the new inspection and maintenance requirements found in Real Property and Proceedings Law (“RPAPL”) Section 1308. PHH is first servicer fined under New York's zombie property law By Brad Finkelstein December 14, 2017, 1:30 p.m. EST 2 Min Read. New York’s statewide crackdown on “zombie homes”, a campaign launched in Western New York, seems to be paying off. These standards seek to ensure that the subject property does not create public health concerns or is otherwise not a blight to the neighborhood or local community. On June 23, Gov. Also, earlier in 2019, the Erie County … Assemblyman Angelo Santabarbara, a democrat from New York, proudly announced last week that his legislation to help local communities solve the problem of abandoned properties, otherwise known as “zombie foreclosures” has passed the Assembly. In general, if a property has been certified … The city’s first zombie team was created in 2017. Next » There shall be filed with the registrar a survey, map or plan of the land the title to which is sought to be registered, which shall be made by a competent surveyor and shall be subject to the approval of the … Local … This new law, which took effect on December 20, 2016, builds upon the foreclosure reforms of 2008 and 2009 and targets the zombie property epidemic in a number of ways, including: (1) by imposing inspection, maintenance and reporting requirements on mortgagees … New York State is providing additional funding to municipalities that will boost efforts regarding mortgage servicer compliance with the state and local vacant property laws. The mission of the Task Force is to share ideas among key stakeholders, distribute strategies with proven results, identify … New York State’s 2016 Zombie Property and Foreclosure Prevention Act By Kirsten Keefe Revised July 13, 2016 On June 23, 2016, Governor Andrew Cuomo signed into law Chapter 73 of the Laws of New York 2016 the 1final omnibus bill of the session (A.10741/S.8159). The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. Zombie Foreclosure Laws and Task Force in New York. This new law goes into effect immediately. an occupant of the property has asserted his or her right to occupy the property, or the mortgagee or its agents have received threats of violence; a court has ordered the mortgagee to stop any maintenance of the property; a homeowners" association or cooperative has prevented the mortgagee from gaining access to or maintaining the property; the property has been sold or transferred to a new owner; the mortgagee or investor has released the lien on the property; or. The hotline provides added teeth to the recently passed zombie home legislation, facilitating compliance and a path out of the crisis that has persisted years after the … I can unsubscribe at any time. Each borrower and owner has separately issued a sworn written statement, expressing his or her intent to vacate and abandon the property and an inspection of the property shows no evidence of occupancy to indicate that any persons are residing there. The program called Zombies 2.0 will provide up to $9 million in grants, which will also be used to increase housing code enforcement and track and monitor vacant properties. “Finding mortgage servicer information is often one of the most difficult tasks in the fight against zombie foreclosures,” said Kate Lockhart, vacant and abandoned property program director of the Western New York Law Center. Governor Andrew M. Cuomo today signed legislation (S.5079-A/A.1859-A) - or the Zombie Property Remediation Act of 2019 - allowing municipalities to better address zombie properties that are plaguing their communities. The regulation also outlines other important procedures for complying with the new law’s inspection, maintenance and reporting requirements. (49 Lines). The program called Zombies 2.0 will provide up to $9 million in grants, which will also be used to increase housing code enforcement and track and monitor vacant properties. The Erie County Zombie Foreclosure Task Force, founded by County Clerk Kearns and the Western New York Law Center, was created in response to the zombie foreclosure crisis in Erie County. “ Zombie properties threaten neighborhoods across New York State, from big cities to small towns,” said Attorney General Schneiderman. Comment moderation is generally performed Monday through Friday. Property owners and investors in New York need to pay close attention as well. Senate Independent Democratic Conference Leader Jeffrey Klein said: "Today is a victory for every community in New York State. Facebook; Twitter; LinkedIn; Email; Register now. Maintain – A mortgagee who has determined a property to be vacant and abandoned and who has secured the same shall take reasonable and necessary actions, to maintain the property until the earlier of the following events: Pursuant to RPAPL § 1309, a property will be deemed “vacant and abandoned” if three consecutive inspections of such property conducted 25-35 days apart and at different times of the day show that: Residential real property will also be deemed vacant and abandoned if: Evidence of lack of occupancy shall include but not be limited to the following conditions: Residential real property will not be deemed vacant and abandoned if, on the property: Violations of RPAPL § 1308 may be heard by a hearing officer or a court of competent jurisdiction. The Zombie Law gave New York cities, towns and villages a powerful tool to address the problem of zombies and vacants in their jurisdictions because, for the first time, banks . Survey, map or plan to be filed. The zombie property issue had been especially prevalent in upstate New York cities and in suburban counties and towns, largely as a byproduct of the devastation to these areas caused by the 2008 financial crisis. NOTE: A party that is exempt pursuant to the above may still be required to inspect, service and maintain property under the Department’s Industry Best Practices: Inspecting, Securing, and Maintaining Vacant and Abandoned Property. New York in 2016 was empowered by a zombie property law that requires financial institutions to inspect properties delinquent on foreclosures. With grant funds and technical expertise from the Zombie grantees used funds to bolster … New York Attorney General Eric T. Schneiderman said, “This hotline will help localities address the scourge of abandoned homes, which drag down property values and create unsafe conditions across New York State. New York Consolidated Laws, Real Property Law - RPP § 381. The posted notice shall provide the mortgagee's toll-free number or similar contact information. In 2016, legislation was signed to address the threat posed to communities by vacant and abandoned “zombie properties” throughout the State of New York was passed. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. The DFS issued regulations to accompany the new law concerning vacant and abandoned property reporting requirements (“DFS Regulations”), which also took effect on December 20, 2016. Press Release from New York Attorney General: “A.G. The Act becomes effective December 20, 2016 , This research can be done remotely through online databases and all training materials will be accessible through the Zombie Property Project website. The mortgagee or its agent must continue to monitor the property for seven days thereafter. This new law authorizes the city, village, or town in which a distressed home is located to force the lender to either foreclose the property promptly or release its mortgage. Mortgagees are to provide information on those “Vacant and Abandoned Properties” (as defined in RPAPL § 1309) within their portfolio within 21 days … According to The Post-Journal, the bill titled "Zombie Property Remediation Act of 2019" was approved 122-24 on the floor of the state Assembly and 48-14 by the state Senate in June. Others might share a personal anecdote about how the bill would affect them or people they care about. The last section of the bill, Part Q, includes provisions which address vacant and abandoned properties, establish timelines for … BUFFALO, N.Y. (WIVB)–New York municipalities were handed a new tool, this week, to try to put the brakes on “zombie” properties. 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