(a) In a foreclosure action, the mortgagee may, notwithstanding any other law or rule to the contrary, file a motion for judgment of foreclosure simultaneously with a motion for default for failure to appear, if such mortgagee proves, by clear and convincing evidence and the use of a proper affidavit, that the real property that is the subject of the foreclosure action is not occupied by a mortgagor, tenant or other occupant and not less than three of the following conditions exist:
(1) Statements of neighbors, delivery persons or government employees indicating that the property is vacant and abandoned;
(2) Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken or unrepaired;
(3) Doors to the property are smashed through, broken off, unhinged or continuously unlocked;
(4) Risk to the health, safety or welfare of the public or any adjoining or adjacent property owners that exists due to acts of vandalism, loitering, criminal conduct or the physical destruction of the property;
(5) An order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
(6) The mortgagee secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing; or
(7) A written statement issued by any mortgagor or tenant expressing the clear intent of all occupants to abandon the property.
(b) A foreclosure action shall not proceed under the expedited procedures contemplated under subsection (a) of this section if there is on the property (1) an unoccupied building undergoing construction, renovation or rehabilitation that is (A) proceeding diligently toward completion, and (B) in compliance with all applicable ordinances, codes, regulations and statutes, (2) a secure building occupied on a seasonal basis, or (3) a secure building that is the subject of a probate action to quiet title or other ownership dispute.
(P.A. 13-136, S. 5.)
History: P.A. 13-136 effective July 15, 2013.
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