§ 1136 — Final judgment

§ 1136. Final judgment. 1. Generally. The court shall have full power\nto determine and enforce in all respects the priorities, rights, claims\nand demands of the several parties to the proceeding, as the same exist\naccording to law, including the priorities, rights, claims and demands\nof the respondents as between themselves. The court shall further\ndetermine upon proof and shall make findings upon such proof whether\nthere has been due compliance by the tax district with the provisions of\nthis article.\n 2. When an answer has been interposed. (a) When an answer has been\ninterposed by a party other than a tax district as to any parcel of real\nproperty included in the petition described in section eleven hundred\ntwenty-three of this chapter and the court determines that the answer is\nmeritorious, the court shall dismiss the petition of foreclosure, with\nor without prejudice, as to the affected parcel or parcels, unless an\nagreement is executed pursuant to subdivision two of section eleven\nhundred fifty of this article. If the court determines that the answer\nis not meritorious, the court shall make a final judgment awarding to\nsuch tax district the possession of the affected parcel or parcels in\nthe same manner as provided by subdivision three of this section.\n (b) When an answer has been interposed by another tax district as to\nany parcel and the court shall determine that such other tax district\nhas an interest in such parcel, then and in that event the tax districts\nhaving an interest in such parcel may by agreement between themselves\npursuant to subdivision one of section eleven hundred fifty of this\narticle provide (i) for a conveyance without sale of any such parcel to\none of such tax districts free and clear of any right, title or interest\nin or lien upon such parcel or such other tax district or districts or\n(ii) for a conveyance without sale of any such parcel to one of such tax\ndistricts subject to any right, title or interest in or lien upon such\nparcel of such other tax district or districts. In either of such\nevents, the court shall in its judgment expressly dispense with the sale\nand direct the making and execution of a conveyance by the enforcing\nofficer in accordance with such agreement. In the absence of such an\nagreement, the court shall make a final judgment directing the sale of\nsuch parcel.\n (c) Any sale directed by the court pursuant to this subdivision shall\nbe at public auction by the enforcing officer. Public notice thereof\nshall be given once a week for at least three successive weeks in a\nnewspaper published in the tax district, if any, or if none, in a\nnewspaper published in the county in which such tax district is\nsituated. The enforcing officer shall receive no additional fee or\ncompensation for such service. The description of the parcel offered for\nsale in such notice shall be that contained in the petition with such\nother description, if any, as the court may direct.\n (d) In directing any conveyance pursuant to this subdivision, the\njudgment shall direct the enforcing officer of the tax district to\nprepare and execute a deed conveying title to the parcel or parcels of\nreal property concerned. Such title shall be full and complete in the\nabsence of an agreement between tax districts as herein provided that it\nshall be subject to the tax liens of one or more tax districts. Upon the\nexecution of such deed, the grantee shall be seized of an estate in fee\nsimple absolute in such parcel unless the conveyance is expressly made\nsubject to tax liens of a tax district as herein provided, and all\npersons, including the state, infants, incompetents, absentees and\nnon-residents, who may have had any right, title, interest, claim, lien\nor equity of redemption in or upon such parcel, shall be barred and\nforever foreclosed of all such right, title, interest, claim, lien or\nequity of redemption. Nothing contained herein shall be construed to\npreclude any such person from filing a claim pursuant to section eleven\nhundred thirty-five or title six of this article for a share of any\nsurplus that may be attributable to the sale of such parcel.\n 3. When no answer has been interposed. (a) The court shall make a\nfinal judgment awarding to such tax district the possession of any\nparcel of real property described in the petition of foreclosure not\nredeemed as provided in this title and as to which no answer is\ninterposed as provided herein. In addition thereto such judgment shall\ncontain a direction to the enforcing officer of the tax district to\nprepare, execute and cause to be recorded a deed conveying to such tax\ndistrict full and complete title to such parcel.\n (b) Alternatively, at the request of the enforcing officer, the court\nmay make a final judgment authorizing the enforcing officer to prepare,\nexecute and cause to be recorded a deed conveying full and complete\ntitle to such parcel directly to a party other than the tax district,\nwithout the tax district taking title thereto.\n (c) Upon the execution of such deed, the tax district, or the grantee\nas the case may be, shall be seized of an estate in fee simple absolute\nin such parcel and all persons, including the state, infants,\nincompetents, absentees and non-residents who may have had any right,\ntitle, interest, claim, lien or equity of redemption in or upon such\nparcel shall be barred and forever foreclosed of all such right, title,\ninterest, claim, lien or equity of redemption. Nothing contained herein\nshall be construed to preclude any such person from filing a claim\npursuant to section eleven hundred thirty-five or title six of this\narticle for a share of any surplus that may be attributable to the sale\nof such parcel.\n 4. (a) Notwithstanding any other provision of law to the contrary,\nwhen a parcel is subject to a judgment of foreclosure issued pursuant to\nthis section but has not yet been conveyed to a third party, the tax\ndistrict may, at its discretion, convey title to the parcel back to the\nformer owner or owners, or to the successor or successors in interest if\nany, upon payment of the taxes, penalties, interest and other lawful\ncharges owed to the tax district, subject to the provisions of paragraph\n(b) of this subdivision.\n (b) If immediately prior to the issuance of the judgment of\nforeclosure, any other person had any right, title, interest, claim,\nlien or equity of redemption in or upon such parcel, the deed conveying\nthe parcel back to the former owner or owners, or to their successor or\nsuccessors in interest, shall state that the conveyance shall become\nsubject to the right, title, interest, claim, lien or equity of\nredemption of any other person that had been extinguished by the\njudgment of foreclosure, once such right, title, interest, claim, lien\nor equity of redemption has been reinstated nunc pro tunc pursuant to\nthe provisions of this paragraph. Upon the execution of such deed, the\ntax district shall cause a copy thereof to be filed with the court,\nwhich shall direct the reinstatement of any such right, title, interest,\nclaim, lien or equity of redemption in such parcel nunc pro tunc.\n