§ 1124 — Public notice of foreclosure

New York § 1124

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 3: Foreclosure of Tax Lien By Proceeding In Rem
• Art. 11: Procedures For Enforcement of Collection of Delinquent Taxes

Text

§ 1124. Public notice of foreclosure. 1. Upon the filing of a petition\nof foreclosure in the office of the county clerk, the enforcing officer\nforthwith shall cause a notice of foreclosure to be published in each of\nthree non-consecutive weeks in a two month period in at least two\nnewspapers designated by him or her.\n 2. (a) Each newspaper designated for this purpose shall have general\ncirculation in the tax district. An official newspaper of the tax\ndistrict shall be deemed to satisfy the requirements of this provision.\n (b) In New York and Bronx counties the newspapers to be designated for\nthe publication of such notice or any other public notice required\npursuant to this article shall be the daily law journal designated by\nthe justices of the appellate division of the first judicial department\nand another newspaper designated by such justices pursuant to the\nprovisions of subdivisions one and two of section ninety-one of the\njudiciary law.\n 3. Such notice shall be in substantially the following form:\n ................. Court,................. County.\n IN THE MATTER OF THE FORE-\n CLOSURE OF TAX LIENS BY\n PROCEEDING IN REM PURSUANT\n TO ARTICLE ELEVEN OF THE\n REAL PROPERTY TAX LAW\n BY........... (insert name\n of tax district).\n NOTICE OF FORECLOSURE\nPLEASE TAKE NOTICE that on the......... day of..................,\nthe............... (insert title of enforcing officer), hereinafter,\nthe "Enforcing Officer", of.............. (insert name of tax\ndistrict), hereinafter, the "Tax District", pursuant to law filed with\nthe clerk of.......... county, a petition of foreclosure against\nvarious parcels of real property for unpaid taxes. Such petition\npertains to the following parcels: (insert the description and the name\nof the owner or owners of record of each parcel as of the date of the\nfiling of the list of delinquent taxes).\n Effect of filing: All persons having or claiming to have an interest\nin the real property described in such petition are hereby notified that\nthe filing of such petition constitutes the commencement by the Tax\nDistrict of a proceeding in the court specified in the caption above to\nforeclose each of the tax liens therein described by a foreclosure\nproceeding in rem.\n Nature of proceeding: Such proceeding is brought against the real\nproperty only and is to foreclose the tax liens described in such\npetition. No personal judgment will be entered herein for such taxes or\nother legal charges or any part thereof.\n Persons affected: This notice is directed to all persons owning or\nhaving or claiming to have an interest in the real property described in\nsuch petition. Such persons are hereby notified further that a duplicate\nof such petition has been filed in the office of the Enforcing Officer\nof the Tax District and will remain open for public inspection up to and\nincluding the date specified below as the last day for redemption.\n Right of redemption: Any person having or claiming to have an interest\nin any such real property and the legal right thereto may on or before\nsaid date redeem the same by paying the amount of all such unpaid tax\nliens thereon, including all interest and penalties and other legal\ncharges which are included in the lien against such real property,\ncomputed to and including the date of redemption. Such payments shall be\nmade to ......... (here insert the name, title and address of the\nofficial to whom such payments are to be made). In the event that such\ntaxes are paid by a person other than the record owner of such real\nproperty, the person so paying shall be entitled to have the tax liens\naffected thereby satisfied of record.\n Last day for redemption: The last day for redemption is hereby fixed\nas the ......... day of .......... (here insert a date at least six\nmonths after the date of the first publication of this notice).\n Service of answer: Every person having any right, title or interest in\nor lien upon any parcel of real property described in such petition may\nserve a duly verified answer upon the attorney for the Tax District\nsetting forth in detail the nature and amount of his or her interest and\nany defense or objection to the foreclosure. Such answer must be filed\nin the office of the county clerk and served upon the attorney for the\nTax District on or before the date above mentioned as the last day for\nredemption.\n Failure to redeem or answer: In the event of failure to redeem or\nanswer by any person having the right to redeem or answer, such person\nshall be forever barred and foreclosed of all his or her right, title\nand interest and equity of redemption in and to the parcel described in\nsuch petition and a judgment in foreclosure may be taken by default.\n Enforcing Officer:\n ..................\n ..................\n (Name and title of\n enforcing officer)\n Attorney for Tax District:\n............................\n............................\n............................\n............................\n(Name, title and address of attorney for tax district, if the same is\nnot the enforcing officer)\n 4. The enforcing officer shall on or before the date of the first\npublication of the notice above set forth cause a copy of such notice to\nbe posted once in his or her office and shall cause a copy of such\nnotice to be posted in the county court house in the place provided for\nthe posting of public notices.\n 5. Nothing contained herein shall be construed to preclude the\nenforcing officer from providing for additional public notice of\nforeclosure by other means, including broadcast on the local access\nchannel of a cable television company having a franchise within the tax\ndistrict.\n 6. If the substance of such notice has been incorporated into the\npetition of foreclosure, the requirements of this section shall be\nsatisfied if the petition of foreclosure is published and posted in the\nmanner prescribed by this section.\n