This text of New York § 40-A (Lien of mortgage not affected by tax sale) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 40-a. Lien of mortgage not affected by tax sale. The lien of a\nmortgage, duly recorded at the time of the sale of any lands for\nnon-payment of any tax or assessment thereon, shall not be destroyed, or\nin any manner affected, except as provided in this and/or the succeding\nsection. The purchaser at any such sale, or those claiming under him,\nshall give to the record holder of the mortgage a written notice of such\nsale requiring him to pay the amount required to redeem the lands as\nprovided in the succeeding section, within six months after the time of\nfiling of evidence of the service of such notice with the county\ntreasurer. Such notice may be given either personally or in the manner\nrequired by law in respect to notices of non-acceptance or non-payment\nof notes or bills of
Free access — add to your briefcase to read the full text and ask questions with AI
§ 40-a. Lien of mortgage not affected by tax sale. The lien of a\nmortgage, duly recorded at the time of the sale of any lands for\nnon-payment of any tax or assessment thereon, shall not be destroyed, or\nin any manner affected, except as provided in this and/or the succeding\nsection. The purchaser at any such sale, or those claiming under him,\nshall give to the record holder of the mortgage a written notice of such\nsale requiring him to pay the amount required to redeem the lands as\nprovided in the succeeding section, within six months after the time of\nfiling of evidence of the service of such notice with the county\ntreasurer. Such notice may be given either personally or in the manner\nrequired by law in respect to notices of non-acceptance or non-payment\nof notes or bills of exchange. If redemption be not made pursuant to\nsuch notice, the mortgage shall be deemed to have been satisfied of\nrecord at the time of such sale.\n Within one month after the service of any such notice, the purchaser\nor any person claiming under him shall file with the county treasurer a\ncopy of the notice given, with the affidavit of a person, certified as\ncredible by the officer before whom the affidavit is taken, that the\nnotice was duly given and the manner in which it was given.\n If the county treasurer shall be satisfied that the proper notice has\nbeen duly given, and if the premises have not been redeemed within the\nprescribed time, he shall give to the purchaser or those claiming under\nhim, a certificate of non-redemption by the mortgagee, which shall\ninclude a statement of the date of sale and a statement that such notice\nand proof of the giving thereof, has been filed as hereinbefore provided\nwhich certificate may be recorded and filed in the office of the\nrecording officer in which the mortgage is recorded, whereupon it shall\nbe the duty of the recording officer to note on the margin of the record\nof such mortgage that it has been discharged as of the date of sale,\ntogether with a reference to the book and page in which such certificate\nof non-redemption has been recorded.\n