State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 6-a

§ 6-a.  Investment  in obligations of certain persons sixty-five years  of age or over incurred to satisfy real property tax indebtedness.    1.  Subject  to such regulations and restrictions as the banking board finds  to  be  necessary  and  proper  and  notwithstanding  any   inconsistent  provision  of  this  chapter  to  the contrary, any bank, trust company,  savings bank, savings and loan association, or  life  insurance  company  authorized  to  do  business  in  this state may make loans described in  subdivision two of this section.    2. Banking institutions described in subdivision one  may  make  loans  under  this  section to natural persons aged sixty-five or older subject  to the following conditions:    (a) the principal amount of the loan shall not  exceed  the  aggregate  amount  of  all  real  property  taxes,  special  ad valorem levies, and  special assessments paid or owing by the borrower  for  the  current  or  prior  years or both with respect to real property owned individually or  jointly by such borrower which constitutes the  principal  residence  of  such  borrower;  provided,  however, that the loan agreement may provide  for such principal amount to  be  modified  to  include  the  amount  of  additional  real  property taxes, special ad valorem levies, and special  assessments pertaining to such property as they are incurred; and    (b) such loan shall be secured by a first or second  mortgage  on  the  property  which mortgage expressly states in like or similar terms "this  mortgage is given to secure a loan made pursuant to  the  provisions  of  section six-a of the banking law"; and    (c)  the  annual interest chargeable on such loan shall not exceed the  allowable interest chargeable by such lender to any  other  person,  not  including  a  corporation,  on an obligation secured by a first mortgage  lien; and    (d) a loan which is undertaken pursuant to this section shall  not  be  payable  until  the sale or other disposition of such property, provided  however  that  any  borrower  may  discharge  any  indebtedness  he  has  undertaken  pursuant  to  the  provisions  of  this  section at any time  without payment of any charges other than principal and interest.    3. Subject to regulations of the banking board,  banking  institutions  described  in  subdivision one of this section which make loans pursuant  to this section may, pursuant to the loan agreement, utilize part or all  of the proceeds of such loan to make direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and  special  assessments  on the  property which secures such loan. Any  such  institution  which  retains  part  or  all  of  the  proceeds  of such loan for the purpose of making  direct payment of such real property taxes, special ad  valorem  levies,  and  special  assessments shall be liable to such borrower, upon failure  to pay such taxes, levies, and assessments for the amount of such taxes,  levies, and assessments plus penalties and interest imposed thereon.    4. Every banking  institution  which  makes  direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and special assessments  pursuant to subdivision three shall at least  annually  provide  to  the  borrower  any  paid  bill it has received for the payment of such taxes,  levies, and assessments. Such bill shall be contained  in  a  succeeding  loan  statement  as may be sent to such borrower. This section shall not  apply to billings for real property taxes, special  ad  valorem  levies,  and  special  assessments  transmitted by computer tape by a city with a  population of one million or more persons.

State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 6-a

§ 6-a.  Investment  in obligations of certain persons sixty-five years  of age or over incurred to satisfy real property tax indebtedness.    1.  Subject  to such regulations and restrictions as the banking board finds  to  be  necessary  and  proper  and  notwithstanding  any   inconsistent  provision  of  this  chapter  to  the contrary, any bank, trust company,  savings bank, savings and loan association, or  life  insurance  company  authorized  to  do  business  in  this state may make loans described in  subdivision two of this section.    2. Banking institutions described in subdivision one  may  make  loans  under  this  section to natural persons aged sixty-five or older subject  to the following conditions:    (a) the principal amount of the loan shall not  exceed  the  aggregate  amount  of  all  real  property  taxes,  special  ad valorem levies, and  special assessments paid or owing by the borrower  for  the  current  or  prior  years or both with respect to real property owned individually or  jointly by such borrower which constitutes the  principal  residence  of  such  borrower;  provided,  however, that the loan agreement may provide  for such principal amount to  be  modified  to  include  the  amount  of  additional  real  property taxes, special ad valorem levies, and special  assessments pertaining to such property as they are incurred; and    (b) such loan shall be secured by a first or second  mortgage  on  the  property  which mortgage expressly states in like or similar terms "this  mortgage is given to secure a loan made pursuant to  the  provisions  of  section six-a of the banking law"; and    (c)  the  annual interest chargeable on such loan shall not exceed the  allowable interest chargeable by such lender to any  other  person,  not  including  a  corporation,  on an obligation secured by a first mortgage  lien; and    (d) a loan which is undertaken pursuant to this section shall  not  be  payable  until  the sale or other disposition of such property, provided  however  that  any  borrower  may  discharge  any  indebtedness  he  has  undertaken  pursuant  to  the  provisions  of  this  section at any time  without payment of any charges other than principal and interest.    3. Subject to regulations of the banking board,  banking  institutions  described  in  subdivision one of this section which make loans pursuant  to this section may, pursuant to the loan agreement, utilize part or all  of the proceeds of such loan to make direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and  special  assessments  on the  property which secures such loan. Any  such  institution  which  retains  part  or  all  of  the  proceeds  of such loan for the purpose of making  direct payment of such real property taxes, special ad  valorem  levies,  and  special  assessments shall be liable to such borrower, upon failure  to pay such taxes, levies, and assessments for the amount of such taxes,  levies, and assessments plus penalties and interest imposed thereon.    4. Every banking  institution  which  makes  direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and special assessments  pursuant to subdivision three shall at least  annually  provide  to  the  borrower  any  paid  bill it has received for the payment of such taxes,  levies, and assessments. Such bill shall be contained  in  a  succeeding  loan  statement  as may be sent to such borrower. This section shall not  apply to billings for real property taxes, special  ad  valorem  levies,  and  special  assessments  transmitted by computer tape by a city with a  population of one million or more persons.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 6-a

§ 6-a.  Investment  in obligations of certain persons sixty-five years  of age or over incurred to satisfy real property tax indebtedness.    1.  Subject  to such regulations and restrictions as the banking board finds  to  be  necessary  and  proper  and  notwithstanding  any   inconsistent  provision  of  this  chapter  to  the contrary, any bank, trust company,  savings bank, savings and loan association, or  life  insurance  company  authorized  to  do  business  in  this state may make loans described in  subdivision two of this section.    2. Banking institutions described in subdivision one  may  make  loans  under  this  section to natural persons aged sixty-five or older subject  to the following conditions:    (a) the principal amount of the loan shall not  exceed  the  aggregate  amount  of  all  real  property  taxes,  special  ad valorem levies, and  special assessments paid or owing by the borrower  for  the  current  or  prior  years or both with respect to real property owned individually or  jointly by such borrower which constitutes the  principal  residence  of  such  borrower;  provided,  however, that the loan agreement may provide  for such principal amount to  be  modified  to  include  the  amount  of  additional  real  property taxes, special ad valorem levies, and special  assessments pertaining to such property as they are incurred; and    (b) such loan shall be secured by a first or second  mortgage  on  the  property  which mortgage expressly states in like or similar terms "this  mortgage is given to secure a loan made pursuant to  the  provisions  of  section six-a of the banking law"; and    (c)  the  annual interest chargeable on such loan shall not exceed the  allowable interest chargeable by such lender to any  other  person,  not  including  a  corporation,  on an obligation secured by a first mortgage  lien; and    (d) a loan which is undertaken pursuant to this section shall  not  be  payable  until  the sale or other disposition of such property, provided  however  that  any  borrower  may  discharge  any  indebtedness  he  has  undertaken  pursuant  to  the  provisions  of  this  section at any time  without payment of any charges other than principal and interest.    3. Subject to regulations of the banking board,  banking  institutions  described  in  subdivision one of this section which make loans pursuant  to this section may, pursuant to the loan agreement, utilize part or all  of the proceeds of such loan to make direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and  special  assessments  on the  property which secures such loan. Any  such  institution  which  retains  part  or  all  of  the  proceeds  of such loan for the purpose of making  direct payment of such real property taxes, special ad  valorem  levies,  and  special  assessments shall be liable to such borrower, upon failure  to pay such taxes, levies, and assessments for the amount of such taxes,  levies, and assessments plus penalties and interest imposed thereon.    4. Every banking  institution  which  makes  direct  payment  of  real  property  taxes,  special  ad  valorem  levies,  and special assessments  pursuant to subdivision three shall at least  annually  provide  to  the  borrower  any  paid  bill it has received for the payment of such taxes,  levies, and assessments. Such bill shall be contained  in  a  succeeding  loan  statement  as may be sent to such borrower. This section shall not  apply to billings for real property taxes, special  ad  valorem  levies,  and  special  assessments  transmitted by computer tape by a city with a  population of one million or more persons.