RPAPL 1392 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1391 Proceeding for share of unknown heirs up ARTICLE 13 Action to Foreclose a Mortgage next SECTION 1393 Mortgages in default Viewing most recent revision (from 2019-12-20) View historical revision as of: -- Choose a Date -- 2019-12-20 Share Facebook Email SECTION 1392 Foreclosure actions involving abandoned properties Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13 § 1392. Foreclosure actions involving abandoned properties. 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.