§ 1309. Expedited application for judgment of foreclosure and sale for\nvacant and abandoned property. 1. The plaintiff in any foreclosure\nproceeding may make an application by notice of motion or order to show\ncause for a judgment of foreclosure and sale on the grounds that the\nsubject property is vacant and abandoned. The motion or order to show\ncause shall include the last known address of the borrower and the\nproperty address. Notwithstanding subdivision (m) of rule thirty-four\nhundred eight of the civil practice law and rules no such application\nmay be made until the defendant's time to answer the complaint in the\nforeclosure proceeding shall have expired. Such application shall be\nserved on defendant, regardless of whether a defendant has filed an\nanswer or appeared in the case. Such application shall: (a) state in\nbold letters, on the first page of the notice of motion or order to show\ncause: (i) "The plaintiff in this lawsuit has applied for an expedited\njudgment of foreclosure and sale of your property on the ground that it\nis vacant and abandoned"; (ii) "Your property may be foreclosed upon and\nsold without any further proceedings if you do not respond to this\nmotion by or on the return date, which is ___"; (iii) "You have the\nright to stay in your property until a court orders you to leave"; and\n(iv) "You may respond to this motion by either submitting a written\ndocument or by appearing in court on the return date."; (b) be supported\nby affidavit and other proof, including but not limited to: (i) proof of\nownership of the mortgage and the note, (ii) photographs evidencing that\nthe subject property is vacant and abandoned as provided for under\nsubdivision two of this section, and (iii) if available, utility company\nrecords or other documentation evidencing the vacant and abandoned\nstatus of the premises; (c) set forth, supported by documentary\nevidence, the sums alleged to be due and owing upon the subject mortgage\nand note, including the current principal balance and a detailed and\nitemized account of each fee, each cost, and a calculation of interest\naccrued; and (d) request that the court confirm the sums due and owing\nupon the subject mortgage and note without appointment of a referee. The\ncourt shall promptly send a notice to the defendant of the plaintiff's\nnotice of motion or order to show cause for a judgement of foreclosure\nand sale on the grounds that the subject property is vacant and\nabandoned. The notice shall advise the defendant that the lender is\nasking the court to expedite a judgement of foreclosure and sale of his\nor her property on the ground that it is vacant and abandoned and about\nthe time and place of the court date. The notice shall be in a form\nprescribed by the courts, or, at the discretion of the courts.\n 2. (a) As used in this section, "vacant and abandoned residential\nproperty" means residential real property, as defined in section\nthirteen hundred five of this article, with respect to which the\nplaintiff has proven, by preponderance of the evidence, that it has\nconducted at least three consecutive inspections of such property, with\neach inspection conducted twenty-five to thirty-five days apart and at\ndifferent times of the day, and at each inspection (i) no occupant was\npresent and there was no evidence of occupancy on the property to\nindicate that any persons are residing there; and (ii) the residential\nreal property was not being maintained in a manner consistent with the\nstandards set forth in New York property maintenance code chapter 3\nsections 301, 302 (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7,\n304.10, 304.12, 304.13, 304.15, 304.16, 307.1 and 308.1.\n (b) Residential real property will also be deemed vacant and abandoned\nif:\n (i) A court or other appropriate state or local governmental entity\nhas formally determined, following due notice to the borrower at the\nproperty address and any other known addresses, tha
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