§ 1144 — Homeowner warning notices

§ 1144. Homeowner warning notices. 1. (a) In the case of residential\nproperty as defined by section eleven hundred eleven of this article,\nwhen personal notice of the commencement of a foreclosure proceeding is\nmailed pursuant to section eleven hundred twenty-five of this article,\nsuch notice shall include or be accompanied by the homeowner warning\nnotice described by paragraph (b) of this subdivision. Provided,\nhowever, that in a tax district that does not enforce delinquent taxes\npursuant to this article, such homeowner warning notice shall be sent\nwhen the foreclosure proceeding is commenced.\n (b) Such notice shall be in substantially the following form:\n "YOU MAY BE AT RISK OF FORECLOSURE ON A PROPERTY TAX LIEN. PLEASE READ\nTHE FOLLOWING NOTICE CAREFULLY.\n As of (enter date), your property taxes have not been paid for the\nfollowing years and amounts each year: (enter years and amounts)\n The total needed to pay off all tax arrears as of the date of this\nnotice is: (enter amount due)\n Under New York State law, we are required to send you this notice to\ninform you that you are at risk of losing your home.\n Attached to this notice is a list of government approved housing\ncounseling agencies in your area which provide free counseling. You can\nalso call the NYS Office of the Attorney General's Homeowner Protection\nProgram (HOPP) toll-free consumer hotline to be connected to free\nhousing counseling or legal services in your area at 1-855-HOME-456\n(1-855-466-3456), or visit their website. A statewide listing by county\nis also available at the website of the New York State Department of\nFinancial Services. Qualified free help is available; watch out for\ncompanies or people who charge a fee for these services.\n Housing counselors from New York-based agencies listed on the website\nabove are trained to help homeowners who are having problems making\ntheir tax payments and can help you find the best option for your\nsituation.\n If you wish, you may also contact our office directly to discuss\npossible payment plans and other options.\n While we cannot assure that a mutually agreeable resolution is\npossible, we encourage you to take immediate steps to try to achieve a\nresolution.\n The longer you wait, the fewer options you may have.\n If you have not taken any actions to resolve this matter within ninety\ndays from the date this notice was mailed, we may commence legal action\nor other remedies against you to foreclose the tax lien, which may\neventually result in eviction from your home.\n Under New York State law, you may be barred from entering into a\npayment plan or from being permitted to make any payment to save your\nhome after the "Redemption Date". In your case, the "Redemption Date" is\ntentatively set as (enter date).\n IMPORTANT: You have the right to remain in your home until you receive\na court order telling you to leave the property; however, you may lose\nthe right to continue ownership of your home after the Redemption Date.\nIf a foreclosure action is filed against you in court, you still have\nthe right to remain in the home until a court orders you to leave.\n This notice is not an eviction notice, and a foreclosure action has\nnot yet been commenced against you.\n You should also be aware that if you are a senior citizen, a person\nwith a physical disability and/or a veteran, you may be entitled to a\npartial exemption from property taxes. If you are not already receiving\none or more of these exemptions and would like information about the\neligibility and application requirements, please contact your local\nassessor's office."\n (c) In a tax district that does not pursue foreclosure when property\nis owned by a person receiving one of more of the exemptions listed in\nsuch notice, a sentence reading substantially as follows shall be added:\n"If you are currently receiving one or more of these exemptions, please\ncontact us immediately so that we may suspend the foreclosure."\n 2. A failure of the owner to receive such notice shall not prevent the\ncollection and enforcement of the payment of the taxes on property owned\nby such person.\n 3. Such notice may be accompanied by a list of housing counseling\nagencies that serve the county in which the property is located,\nincluding the last known addresses and telephone numbers of such\nagencies. The department of financial services shall make available on\nits website a listing, by county, of such agencies. The enforcing\nofficer shall use such lists to meet the requirements of this section.\n 4. Such notice shall also include or be accompanied by a statement,\nset forth in each of the twelve most common non-English languages spoken\nby limited-English proficient individuals in the state, based on the\ndata in the most recent American Community Survey published by United\nStates Census Bureau, advising them that a translated version of this\nnotice, or a detailed summary thereof, may be found on the website of\nthe New York state office of general services. This requirement may be\nsatisfied by posting a statement in each such language that is\nsubstantially equivalent to the following: "YOU MAY BE AT RISK OF\nFORECLOSURE ON A PROPERTY TAX LIEN. To see this notice in (insert the\nname of the applicable language), go to (insert the applicable URL\naddress)."\n