N.Y. Real Property Actions & Proceedings Law Section 1392
Foreclosure actions involving abandoned properties


If a property has been certified abandoned pursuant to § 1971 (Certification of abandonment)section nineteen hundred seventy-one of this chapter, or deemed vacant and abandoned pursuant to § 1309 (Expedited application for judgment of foreclosure and sale for vacant and abandoned property)section thirteen hundred nine of this article, the city, village, or town in which the property is located may commence a proceeding in a court of competent jurisdiction in the county in which the property is located to compel any or all mortgagees to:

(a)

if the note is in default, the mortgagee shall commence a foreclosure procedure within three months and shall meet all deadlines to ensure the case is ready to be moved to judgment within a reasonable time period but not to exceed one year;

(b)

if a foreclosure has already been commenced, file the necessary motions and within three months paperwork to move the case to judgment foreclosure within three months; or

(c)

issue a certificate of discharge of the mortgage within three months and file a satisfaction of the mortgage with the appropriate local office.

Source: Section 1392 — Foreclosure actions involving abandoned properties, https://www.­nysenate.­gov/legislation/laws/RPA/1392 (updated Dec. 20, 2019; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Dec. 20, 2019

§ 1392’s source at nysenate​.gov

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