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. Optional services from the NY State Senate: Include a custom message for your Senator? 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contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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. Find your Senator and share your views on important issues. Share Show more sharing options. Schneiderman Launches Statewide Effort To Combat Zombie Properties”: “Zombie properties threaten neighborhoods across New York State, from big cities to small towns,” said Attorney General Schneiderman. By contributing or voting you agree to the Terms of Participation and verify you are over 13. 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. “Abandoned homes become magnets for crime, drag down property values and drain municipal coffers. This new law goes into effect immediately. there is a building occupied by the mortgagor, a relative of the mortgagor or a tenant lawfully in possession. Additional information regarding the total number of loans originated in the state in 2019 is available. New NY law bans sale of Confederate flags on state property December 16, 2020 GMT ALBANY, N.Y. (AP) — The sale or display of Confederate flags, swastikas and other “symbols of hate” on state property is banned in New York under a law signed by Gov. Senator James Skoufis said, "Zombie properties across New York State continue to plague our main streets, are dangers for first responders, and make code enforcement an even more difficult task than … 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). 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. Senate Independent Democratic Conference Leader Jeffrey Klein said: "Today is a victory for every community in New York State. If there is no indication of occupancy during this seven-day period, the servicer must secure and maintain the property until the earliest of certain events described below. Home address is used to determine the senate district in which you reside. Survey, map or plan to be filed. 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. Contributing to this has been the fact that the Empire State has the seventh longest foreclosure timeline in the U.S. at 1,103 days on average. The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. 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. All comments are subject to moderation. September 27, 2017. 7 . Gov. From The Bronx to Buffalo, zombie properties impact every corner of our state resulting in blight and diminished property values for surrounding homeowners. There is an exemption for mortgagees with a relatively small share of the home mortgage market; specifically, the inspection and maintenance requirement does not apply to state or federally chartered banks, savings banks, savings and loan associations, or credit unions that (1) originate, own, service and maintain their mortgages or a portion thereof; and (2) originated, owned, serviced, or maintained less than three-tenths of one percent of the total loans originated in the state during the calendar year ending two years prior to the current year. Zombie properties are homes that are in foreclosure and have been abandoned by their owner, but title has yet to be passed from the owner to the bank. 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. The law, located at Real Property Actions and Proceedings The regulation also outlines other important procedures for complying with the new law’s inspection, maintenance and reporting requirements. As we have previously reported in earlier … The mission of the Task Force is to share ideas among key stakeholders, distribute strategies with proven results, identify … 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. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. The legislation aims to permit municipalities to compel a mortgagee to either complete a mortgage foreclosure proceeding or to issue a certificate of discharge of the mortgage for any property which has been certified abandoned pursuant to article 13 of the real property actions and proceedings law. “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. New Lender Obligations To curb the threat that zombie properties pose to communities, the law imposes a pre-foreclosure duty on those who hold a mortgage on a vacant or abandoned residential property to maintain and secure it during the foreclosure process. 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. A New Jersey mortgage lender is the first to be fined under a New York law cracking down on zombie homes. 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 mortgagee or its agent must continue to monitor the property for seven days thereafter. Zombie properties are blighting influences on communities that bring down … Facebook; Twitter; LinkedIn; Email; Show more sharing options. Last year, New York Attorney General Eric Schneiderman estimated that there were as many as 16,700 zombie properties in New York. Search by Keyword or Citation; Search by Keyword or Citation . Enter a message to your senator. Securing the Property – If the posted notice is not responded to or persists for 7 consecutive calendar days without contact with the borrower, property owner or occupant indicating that the property is not vacant or abandoned, or if an emergent property condition that could reasonably damage, destroy or harm the property arises, the mortgagee or its servicing agent must secure the property. New York Consolidated Laws, Real Property Law - RPP § 381. Vacant and Abandoned Residential Real Properties in New York On December 20, 2016, legislation signed by Governor Andrew M. Cuomo to address the challenges posed by vacant and abandoned “zombie properties” to communities throughout the State of New York went into effect. This research can be done remotely through online databases and all training materials will be accessible through the Zombie Property Project website. 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. 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. 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. Enacts the "zombie property remediation act of 2019". The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. Close extra sharing options. Also, earlier in 2019, the Erie County … On June 23, Gov. The Superintendent is authorized to pursue any suspected violation, as is the municipality in which the subject property is located. The posted notice shall provide the mortgagee's toll-free number or similar contact information. Zombie grantees used funds to bolster … Press Release from New York Attorney General: “A.G. “This new law provides servicer name and contact information in multiple publicly available documents throughout the foreclosure process, eliminating hours of tedious … The new law will take effect on Dec. 20, 2016. This period of vacancy has become too familiar in the state of New York, resulting in the deterioration of once well-kept homes. 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 … The zombie property provisions were included as Part Q of Chapter 73. (Optional). 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. Enacts the "zombie property remediation act of 2019" relating to foreclosure actions involving abandoned properties. 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 1. 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 The new law, section 1308 of the Real Property Actions and Proceedings Law (RPAPL § 1308), will impose a $500 per day penalty on noncompliant banks once they are aware of a vacancy. 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. Our bill will keep … 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. In general, if a property has been certified … Zombie properties are blighting influences on communities that bring down property values and can pose health and safety risks to neighbors. Inspecting the Property – An exterior inspection must be conducted within 90 days of a borrower falling into delinquency and, thereafter, every 25-35 days throughout the delinquency of the loan, at different times of the day. 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). New York’s statewide crackdown on “zombie homes”, a campaign launched in Western New York, seems to be paying off. the mortgage note has been assigned, transferred or sold to another mortgagee. 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. Zombie Property: The Vacant and Abandoned Property Registry. The law imposes a duty to inspect, secure and maintain vacant and abandoned properties on mortgagees or their servicing agents. The law is an amendment to Section 1307 of the Real Property Actions and Proceedings Law. Prospective Obligation Only - For state or federally chartered banks, savings banks, savings and loan associations, or credit unions that originated, owned, serviced or maintained between three-tenths and five-tenths of one percent of the total loans originated in the state during the calendar year ending two years prior to the current year, the duty to inspect, secure and maintain vacant and abandoned properties is prospective only. The New York State Department of Financial Services (DFS) oversees compliance with zombie property laws requiring mortgage companies to monitor and maintain vacant properties. The city’s first zombie team was created in … 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 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. 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 Law Gives Cities More Power to Fight Zombie Properties Thousands of vacant properties in the state of New York have been in foreclosure limbo for years. Open Legislation comments facilitate discussion of New York State legislation. Mortgagees wishing to apply for the exemption may do so by completing the exemption form and emailing it to [email protected]. 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. Send me alerts for this bill. 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. New York Launches Education Initiative and Issues Additional Guidance Regarding "Zombie Property" Obligations. New Zombie Home Foreclosure Law In New York On June 23, 2016, Governor Andrew Cumo signed a ground breaking bill into law requiring banks to take responsibility for "zombie" properties. New York has 2,266 zombie properties, the most of any state in the country by far, according to Attom Data Solutions. 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. Earlier this year, for example, it allocated $9 million in grant funds to boost compliance with vacant property laws.. New York has 2,266 zombie properties, the most of any state in the country by far, according to Attom Data Solutions. GSEs transfer $5.5B of credit risk in 1Q: FHFA Comment moderation is generally performed Monday through Friday. Facebook; Twitter; LinkedIn; Email; Register now. The Department of Financial Services supervises many different types of institutions. Problem Background. The law imposes a duty to inspect, secure and maintain vacant and abandoned properties on mortgagees or their servicing agents. (49 Lines). 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. Cancel « Prev. The Act went into effect on December 18, 2019. Andrew Cuomo recently signed a law allowing cities to reclaim and redevelop blighted homes across New York that have fallen into foreclosure. 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 … have to repair externally and maintain zombies as lienholders on the property. Moreover, the municipality in which the property is located, shall have the right to, upon notice, enter and maintain the property and shall have a cause of action against the applicable mortgagee or servicer to recover any costs incurred in the process. 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. Property owners and investors in New York need to pay close attention as well. 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. On June 23, Gov. Your support or opposition to this bill is then shared immediately with the senator who represents you. 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. In late 2019, New York Governor Andrew Cuomo signed legislation that gives local municipalities more power to fight against zombie properties. take reasonable measures to prevent the growth of harmful mold. Local … The Zombie Properties Project brings together law students, municipal officials, and previously foreclosed-on property owners to (1) combat the threat posed to communities across New York by “Zombie Properties,” and (2) restore any surplus moneys from the auction of foreclosed properties to their rightful owners. no occupant was present and there was no evidence of occupancy on the property to indicate that any persons are residing there; and, the property was not being maintained in a manner consistent with the standards set forth in the, A court or other appropriate state or local governmental entity has formally determined, following due notice to the borrower at the property address and any other known addresses, that such property is vacant and abandoned; or. The Act becomes effective December 20, 2016 , The law is an amendment to Section 1307 of the Real Property Actions and Proceedings Law. The city’s first zombie team was created in 2017. 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. Students, working in conjunction with advisors at the Western New York Law Center, will access public records and examine various legal documents associated with the mortgage foreclosure process. 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 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). Search New York Codes. 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