§ 266 — Enforcement; procedure

New York § 266

• Jurisdiction: New York
• Law TAX: Tax
• Art. 11: Tax On Mortgages

Text

§ 266. Enforcement; procedure. In case the tax imposed by this article\nis not paid as in this article provided, the tax commission may notify\nthe attorney-general of such failure or refusal to pay and it shall then\nbe the duty of the attorney-general to enforce the payment of such tax,\nand for that purpose he may maintain an action in the name of the people\nof the state of New York, in any court of competent jurisdiction, either\nto sell such mortgage; or, he may maintain an action against the\nmortgagee or his assignee or successor in interest personally; or,\nwhereby stipulations contained in such mortgage it is made the duty of\nthe mortgagor to pay such tax, or where the mortgagor is liable for the\ntax imposed under this article, then against the mortgagor or his\nsuccessor in interest personally; or, in the case of a trust mortgage\nagainst the trust mortgagee, personally; or, he may pursue either, any\nor all such remedies. All actions instituted by the attorney-general, as\nherein provided, shall, if the amount involved is fifty dollars or more,\nbe brought in the county of Albany. Where, in any action, a recovery is\nhad there shall be added to the amount of such tax and included in the\njudgment, interest at the rate of one per centum per month on the amount\nof such tax, to be computed from the date on which such tax became due\nand payable, except that in the case of taxable mortgages heretofore\nrecorded and upon which the tax imposed by this article has not been\npaid, and where, in such case, no penalty is prescribed by law for the\nnonpayment of such tax, interest shall be added at the rate of six per\ncentum per annum. In any action brought as herein provided, where the\njudgment provides for the sale of the mortgage, such judgment shall also\nprescribe the time, place and manner of such sale and of the notice\nthereof to be given, and, in the discretion of the court, may direct\nthat such sale be made by or under the direction of the comptroller or\nthe recording officer of the county in which such mortgage was first\nrecorded, and all money recovered in such action shall be paid by the\nattorney-general to the proper recording officer in satisfaction of such\ntax, and all costs recovered therein shall be paid into the state\ntreasury.\n Cross-reference: For criminal penalties, see article thirty-seven of\nthis chapter.\n