A Zombie foreclosure/property is an abandoned or decaying home that is mired for years in a legal limbo twilight zone foreclosure process. New York’s pending Zombie foreclosure actions is one of the highest in the nation. According to a report from RealtyTrac, New York State currently has the second most zombie foreclosures in the United States, with 3,352 abandoned homes in the state.
To address this problem, on July 16, 2016, New York State Governor Andrew M. Cuomo signed legislation RPAPL 1308 (q) to prevent foreclosures and curb the threat posed to communities by “zombie properties.” The new law will significantly improve the economic health, growth, development and public safety of impacted communities and help distressed homeowners save their residences.
RPAPL 1308 (q) combats blight created by Zombie Properties through a number of significant ways as illustrated by the following:
- Imposing a pre-foreclosure duty on banks and Servicers to maintain Zombie homes. RPAPL 1308 (q) places the maintenance obligation on a mortgagee when the mortgagee becomes or should have become aware of the vacancy. Under this law, the bank has a duty to maintain and secure a residential real property where there is a reasonable basis to believe it is vacant and abandoned, and faces civil penalties and fines up to $500 per violation, per property, per day for failing to do so enforced by the Department of Financial Services.
- Creating an Electronic Registry of Abandoned Properties.
- Expediting foreclosure for vacant and abandoned properties to get them back on the market.
- Providing $100 million in available funds to help new homebuyers purchase and renovate Zombie properties and support existing low- and middle-income homeowners with major repairs and renovations.
RPAPL 1308(q) combats the blight of vacant and abandoned properties by expediting the rehabilitation, repair and improvement of Zombie properties, and enabling New York State to assist homeowners facing mortgage foreclosure.
Contact A New York Foreclosure Attorney
To assist in the defense of a Zombie foreclosure or acquisition of a Zombie property in New York State you will need the assistance of a Foreclosure Attorney. Our office zealously fights on behalf of homeowners and guides them through all stages of the maze-like foreclosure process. Contact our office immediately if you need assistance and wish to save your home. Call us at 1-800- 985-9007.