§ 26-b. Just compensation as including loss of mortgage financing. Notwithstanding any inconsistent provisions of law, whenever property is taken pursuant to the power of eminent domain (whether denominated condemnation, appropriation or otherwise) just compensation required by the state constitution shall include an amount sufficient to compensate for the loss of existing mortgage financing if such property was used prior to taking primarily as a residence however, such amount shall not exceed fifteen thousand dollars. In computing the amount of such loss, the following shall be considered: (a) the difference in the interest rate payable on the existing mortgage from that prevailing at the date of taking in the area where the property is located for new mortgage loans on similar types of property to similar borrowers; (b) the length of time from the date of taking to the maturity of the existing mortgage, and (c) the prevailing costs to similar mortgage borrowers on similar types of property at the date of taking in the area where the property is located of obtaining and closing a new mortgage loan in an amount equal to the unpaid principal balance of the existing mortgage.

Terms Used In N.Y. General Construction Law 26-B

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC