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Restoring Property: The Zombie Property and Foreclosure Act

By Kirsten Keefe
August 01, 2016

On June 23, 2016, Governor Cuomo signed into law the final omnibus bill of the session, the last section of which addresses vacant and abandoned properties, establishes timelines for the sale of property post-foreclosure judgment, and updates and enhances protections for homeowners in default and foreclosure. See L.2016, ch. 73. The new act includes provisions and intentions that were part of several bills introduced throughout the session to address the zombie property and foreclosure crises in the state. All provisions of the law go into effect on Dec. 20, 2016.

Vacant and Abandoned Property Provisions

Chapter 73 includes three significant provisions regarding vacant and abandoned residential real property: property maintenance, an expedited foreclosure process, and the creation of a statewide electronic registry. The new statute defines “vacant and abandoned” property and imposes new obligations on mortgagees with respect to that property. RPAPL 1309.

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