The law firm of Handel and Carlini, LLP has substantial experience in the area of creditor's rights. We represent a number of banks, credit unions and other financial institutions in foreclosure proceedings, bankruptcy, loan workouts, lending and compliance.
On December 18, 2019 the Zombie Property Remediation Act of 2019 was signed by Governor Cuomo. The law is meant to address the fact that abandoned properties are allowed to sit in foreclosure limbo for years. During that time they deteriorate and decrease neighboring property values. The Zombie Property Remediation Act of 2019 authorizes local governments to commence judicial proceedings to compel mortgagees to: (1) complete mortgage foreclosure actions or; (2) to issue certificates of discharge for the mortgage for properties that have been certified as abandoned. The law has been codified in Section 1392 of the Real Property and Proceedings Law and reads as follows:
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.
To schedule a free initial consultation to discuss your rights as a creditor, or need help with foreclosure proceedings, bankruptcy, loan workouts, or lending and compliance, contact a knowledgeable attorney from Handel & Carlini, LLP. Call 845-454-2221 or reach out via our contact page.