Pursuant to RPAPL § 1309:
(d) Residential real property will not be deemed vacant and abandoned if, on the property:
(i) There is an unoccupied building that is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion;
(ii) There is a building occupied on a seasonal basis, but otherwise secure;
(iii) There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute of which the servicer has actual notice;
(iv) There is a building damaged by a natural disaster and one or more owner intends to repair and reoccupy the property; or
(v) There is a building occupied by the mortgagor, a relative of the mortgagor or a tenant lawfully in possession.
Written by Michael Derosa, Esq.