[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 6-27-2016 by L.L.
No. 9-2016. Amendments noted where applicable.]
A.
Any mortgagee
that commences an action to foreclose a mortgage on real property
within the Village of Amityville shall provide notice to the Amityville
Village Clerk, in a form prescribed by the Village Clerk, within 15
days of the commencement of such action. If such action was commenced
before the effective date of this chapter and remains pending as of
such effective date, notification shall be provided within 30 days
of such effective date; provided, however, that no notice shall be
required for actions commenced prior to September 30, 2010, regardless
of whether such action remains pending as of the effective date hereof.
Such notice shall include the following information:
(1)
The
name of the mortgagee plaintiff commencing such action and the mailing
address, telephone number and e-mail address of such mortgagee, and,
when applicable, the name of the principal or corporate officer of
such mortgagee plaintiff and the mailing address, telephone number
and e-mail address of such principal or corporate officer;
(2)
The
name of the defendant(s) in such action;
(3)
The
identification of such residential or commercial real property by
street address and section, block and lot number;
(4)
The
date of the commencement of such action;
(5)
The
court in which such action was commenced; and
(6)
Such
other information as the Village Clerk may require.
B.
For purposes
of this section, "mortgagee" shall mean any person that commences
an action to foreclose a mortgage on residential or commercial real
property, including, but not limited to, a lender, assignee or mortgage
loan servicer.
C.
A mortgagee shall notify the Village Clerk within 15 days of the discontinuance of an action for which notice pursuant to Subsection A has been received, the issuance of a judgment in such action, and/or the sale of real property as a result of such action.
D.
The Village Clerk shall maintain a list of all properties for which notice pursuant to Subsection A has been received. The Village Clerk shall provide the information received under Subsections A and C to the Amityville Village Building Department, Police Department and Department of Public Works and to any other Village department, upon request by such department.
E.
Any mortgagee who fails to notify the Village Clerk in accordance with this section shall be liable for a penalty of $1,500 enforceable by a person empowered to issue an appearance ticket pursuant to the Code of the Village of Amityville, § 1-11. The failure to notify shall not be deemed to affect, in any way, any pending legal proceeding related to such residential or commercial real property.
F.
The provisions
of this section shall not apply to any foreclosure actions brought
by a governmental entity.
This chapter shall take effect 120 days after its enactment.
