Bill Text: NY S05863 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the elimination of the requirement of serving a notice of sale upon an owner of property if such owner resides in the same county as the lienor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S05863 Detail]
Download: New_York-2017-S05863-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5863 2017-2018 Regular Sessions IN SENATE May 3, 2017 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the lien law, in relation to eliminating the requirement that a notice of sale must be served upon an owner of property if such owner resides in the same county as the lienor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of section 201 of the lien law, as 2 amended by chapter 354 of the laws of 2008, is amended to read as 3 follows: 4 Before such sale is held the lienor shall serve a notice upon the 5 owner [with due diligence within such county, if such owner can be found6where such lien arose, if not then to the person for whose account the7same is then held personally, provided such service can be made with due8diligence within the county where such lien arose, but if such owner or9person cannot with due diligence be found within such county, or if the10property affected, other than a security, is a motor vehicle that is to11be sold pursuant to subdivision three of section two hundred two of this12article of a value of less than five hundred dollars or other property13that is of a value of less than one hundred dollars, then such notice14shall be served by mailing it to the owner at his last known place of15residence, or to his last known post-office address or if the owner's16place of residence or post-office address is not known, then to the last17known place of residence or last known post-office address of the person18for whose account the same is then held personally. Any notice permitted19herein to be served by mail shall be sent] by certified mail, return 20 receipt requested, and by first-class mail. A like notice shall be 21 served [in the same way] by certified mail, return receipt requested 22 upon any person who shall have given to the lienor notice of an interest 23 in the property subject to the lien and upon any person who has 24 perfected a security interest in the property by filing a financing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11381-01-7S. 5863 2 1 statement pursuant to the provisions of the uniform commercial code or 2 who is listed as lienholder upon the certificate of title of the proper- 3 ty pursuant to the provisions of the vehicle and traffic law. Such 4 notice shall contain a statement of the following facts: 5 § 2. This act shall take effect immediately.