NY State — NY Real Property Actions & Proceedings Law

§ 1392 — SECTION 1392 Foreclosure actions involving abandoned properties

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 1392?

Quick Answer

This section outlines the procedures for foreclosure actions involving properties certified as abandoned. It allows cities, villages, or towns to compel mortgagees to initiate foreclosure proceedings or discharge mortgages within specified timeframes. Applies to mortgagees of abandoned properties in the jurisdiction.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 1392 SECTION 1392 Foreclosure actions involving abandoned properties

RPAPL § 1392

If a property has been certified abandoned pursuant to section nineteen hundred seventy-one of this chapter, or deemed vacant and abandoned pursuant to 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.

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