New York Laws
Article 13 - Action to Foreclose a Mortgage
1309 - Expedited Application for Judgment of Foreclosure and Sale for Vacant and Abandoned Property.

(b) Residential real property will also be deemed vacant and abandoned
if:
(i) A court or other appropriate state or local governmental entity
has formally determined, following due notice to the borrower at the

property address and any other known addresses, that such residential
real property is vacant and abandoned; or
(ii) Each borrower and owner has separately issued a sworn written
statement, expressing his or her intent to vacate and abandon the
property and an inspection of the property shows no evidence of
occupancy to indicate that any persons are residing there.
(c) Evidence of lack of occupancy shall include but not be limited to
the following conditions: (i) overgrown or dead vegetation; (ii)
accumulation of newspapers, circulars, flyer or mail; (iii) past due
utility notices, disconnected utilities, or utilities not in use; (iv)
accumulation of trash, refuse or other debris; (v) absence of window
coverings such as curtains, blinds, or shutters; (vi) one or more
boarded, missing or broken windows; (vii) the property is open to casual
entry or trespass; or (viii) the property has a building or structure
that is or appears structurally unsound or has any other condition that
presents a potential hazard or danger to the safety of persons.
(d) Residential real property will not be deemed vacant and abandoned
if, on the property:
(i) There is an unoccupied building that is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to
completion;
(ii) There is a building occupied on a seasonal basis, but otherwise
secure;
(iii) There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute of
which the servicer has actual notice;
(iv) There is a building damaged by a natural disaster and one or more
owner intends to repair and reoccupy the property; or
(v) There is a building occupied by the mortgagor, a relative of the
mortgagor or a tenant lawfully in possession.
3. In connection with an application for a judgment of foreclosure and
sale on the ground that the subject property is vacant and abandoned,
the court may require the plaintiff or an agent to appear to provide
testimony in support of the application.
4. The court shall make a written finding as soon as practicable as to
whether the plaintiff has proved that the property to be foreclosed upon
pursuant to this section is vacant and abandoned pursuant to subdivision
two of this section and, if the court determines that the property is
vacant and abandoned, it shall set forth: (a) the evidence relied upon
by the court in finding that the property is vacant and abandoned; (b)
the evidence showing that the plaintiff is the owner and holder of the
subject mortgage and note, or has been delegated the authority to
institute a mortgage foreclosure action by the owner of same; and (c)
the sums due and owing upon the subject mortgage and note after a review
of the detailed and itemized account of each fee, each cost, and a
calculation of interest accrued.
5. With respect to foreclosure actions brought pursuant to this
section:
(a) A judgment of foreclosure and sale shall not be entered pursuant
to this section if the mortgagor or any other defendant has filed an
answer, appearance, other written objection that is not withdrawn, or
has otherwise demonstrated an intention to contest the foreclosure
action.
(b) A denial of a judgment of foreclosure and sale pursuant to this
section where the court does not find that the mortgaged property is
vacant and abandoned shall not be deemed to be on the merits for
purposes of any other proceeding with respect to such real property.

6. It shall be unlawful for a lender, assignee, mortgage loan
servicer, or a third party agent or other person acting on behalf of a
lender, assignee or mortgage loan servicer to enter residential real
property that is not vacant and abandoned for the purpose of forcing,
intimidating, harassing or coercing a lawful occupant of such
residential property to vacate that property in order to render the
property vacant and abandoned, or to otherwise force, intimidate,
harass, or coerce a lawful occupant of residential real property to
vacate that property so that it may be deemed vacant and abandoned,
provided however, a lender, assignee, mortgage loan servicer, or a third
party agent or other person acting on behalf of a lender, assignee or
mortgage loan servicer who peacefully enters a vacant and abandoned
property in order to render the property vacant and abandoned shall be
immune from liability when such lender, assignee, mortgage loan
servicer, third party agent or other person acting on behalf of a
lender, assignee or mortgage loan servicer is making reasonable efforts
to comply with this section.
7. The chief administrative judge of the courts shall adopt such rules
as he or she deems necessary to expeditiously implement the provisions
of this section.