§ 1308. Inspecting, securing and maintaining vacant and abandoned\nresidential real property. Notwithstanding any other provision of law to\nthe contrary, the following subdivisions of this section shall only\napply to vacant and abandoned one to four family residential real\nproperty, and any duties and responsibilities so prescribed by this\nsection shall only apply to the first lien mortgage holder. Vacant and\nabandoned residential real property shall be defined pursuant to section\nthirteen hundred nine of this article. For each calendar year this\nsection shall not apply to state or federally chartered banks, savings\nbanks, savings and loan associations, or credit unions which: (1)\noriginate, own, service and maintain their mortgages or a portion\nthereof; and (2) have less than three-tenths of one percent of the total\nloans in the state which they either originate, own, service, or\nmaintain for the calendar year ending December thirty-first of the\ncalendar year ending two years prior to the current calendar year. For\nany state or federally chartered banks, savings banks, savings and loan\nassociations, or credit unions which originate, own, service and\nmaintain between three-tenths of one percent and five-tenths of one\npercent of the total loans in the state which they either originate,\nown, service, or maintain for the calendar year ending December\nthirty-first of the calendar year ending two years prior to the current\ncalendar year, the application of this section shall be prospective\nonly.\n 1. Subject to bankruptcy filings, cease and desist orders, threats of\nviolence, or active loss mitigation efforts, within ninety days of a\nborrower's delinquency, the servicer authorized to accept payment of the\nloan shall complete an exterior inspection of the subject property to\ndetermine occupancy. Thereafter, throughout the delinquency of the loan,\nthe servicer shall conduct an exterior inspection of the property every\ntwenty-five to thirty-five days, at different times of the day.\n 2. If a borrower is delinquent and subject to property inspections\npursuant to subdivision one of this section, the servicer shall secure\nand maintain the residential real property pursuant to subdivisions\nthree, four, five, six, and seven of this section where the servicer has\na reasonable basis to believe that the residential real property is\nvacant and abandoned, as defined in section thirteen hundred nine of\nthis chapter, and is not otherwise restricted from accessing the\nproperty.\n 3. Within seven business days of determining that the property is\nvacant and abandoned based on the criteria set forth in subdivision two\nof this section, the servicer shall post a notice on an easily\naccessible part of the property that would be reasonably visible to the\nborrower, property owner or occupant, and monitor the property for any\nchange in occupancy or contact with the borrower, property owner or\noccupant, and monitor to ensure that the notice remains posted so long\nas the duty to maintain applies. The posted notice shall provide the\nservicer's toll free number or similar contact information.\n 4. If the posted notice is not responded to or persists for seven\nconsecutive calendar days without contact with the borrower, property\nowner or occupant indicating that the property is not vacant or\nabandoned, or if an emergent property condition that could reasonably\ndamage, destroy or harm the property arises, the servicer shall:\n (a) in cases where the property contains two or more points of ingress\nor egress, replace no more than one door lock to provide subsequent\naccess to the property;\n (b) secure, replace or board up broken doors and windows;\n (c) secure any part of the property that may be deemed an attractive\nnuisance including, but not limited to, a water feature that could\ncreate a drowning risk, refrigerator or freezer units, outbuildings,\nwells or septic tanks;\n (d) take reasonable measures to
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