§ 49 — No title

New York § 49

• Jurisdiction: New York
• Law SCT: Suffolk County Tax Act
• Art. 2: Collection of Taxes and Assessments By Sale

Text

§ 49. a. Redemption of property sold for taxes. The owner of, or any\nperson interested in, or having a lien upon, any real estate sold for\ntaxes and assessments as aforesaid, may redeem unimproved or\nnon-residential real estate at any time within twelve months after the\ndate of such sale and may redeem residential real estate within\nthirty-six months after the date of such sale upon the following terms:\nIf unimproved or non-residential real estate is redeemed within twelve\nmonths or if residential real estate is redeemed within thirty-six\nmonths, said redemption shall be made by paying to the county treasurer\nthe sum for which said property was purchased with the interest or\npenalties thereon, at which said property was bid, calculated and added\nto such purchase price as provided in section forty-five hereof. If said\nproperty be redeemed after the commencement of the foreclosure\nproceedings the person redeeming the same shall pay in addition to the\naforementioned sums the bill of costs as prescribed in section sixty-one\nhereof. The expenses allowed for searching in this section shall be part\nof the foreclosure disbursements and not in addition thereto. In case\nsuch payment be made to the county treasurer, he shall receive the same\nfor the benefit of the holder of the tax certificate thus discharged,\nand shall give notice thereof to the purchaser, or the personal\nrepresentative or assignee or transferee of the purchaser, by mail,\naddressed to such address as may have been furnished to the county\ntreasurer. Immediately upon such payment to the county treasurer as\nherein provided the tax sale certificate shall be discharged of record.\nUpon receiving the surrender of the certificate of sale or assignment or\ntransfer thereof or a release of the property purchased duly executed by\nthe owner of record of such certificate of sale, the county treasurer\nshall pay the amount thus deposited to the person or persons who,\naccording to records in his office, appear to be entitled thereto, or to\nthe personal representative of such person. The county treasurer shall\nupon the release of the property purchased as provided in section fifty,\ncancel and discharge the tax upon the record.\n b. The term "residential real estate" as used in this section and\nsections fifty-one, fifty-two and fifty-five herein shall refer to all\nreal estate which is improved by a one, two or three family dwelling\nunit.\n c. Waiver of interest, penalties and fees for redemption for certain\npersons deployed by the military. The applicable governing body or\ndepartment, upon approval by the Suffolk county legislature, in its sole\ndiscretion, may permit an owner or the owner's surviving unremarried\nspouse of foreclosed residential real estate to redeem such real estate\nwithout interest, penalties and fees provided that:\n (1) the property is the owner's primary place of residence; and\n (2) the owner demonstrates that foreclosure occurred after October 7,\n2001; and\n (3) the foreclosure was a result of financial hardship constituting a\nsubstantial loss of income by the owner due to being ordered to active\nmilitary duty, other than training, in the United States armed forces\nincluding the reserve components of the armed forces of the United\nStates; and\n (4) the activation lasted for at least six contiguous months, or the\nowner was killed in action during such activation; and\n (5) the owner provides acceptable written evidence of the requirements\nset forth in this subdivision to the commissioner of the department of\nenvironment and energy.\n