Senate Bill S3039

2009-2010 Legislative Session

Provides that the amount required to redeem real property affected by any tax sale certificate in foreclosure shall include certain amounts and costs

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	recommit, enacting clause stricken
Mar 08, 2010	print number 3039a
Mar 08, 2010	amend and recommit to local government
Jan 06, 2010	referred to local government
Mar 10, 2009	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3039 - Details

Law Section:: Erie County Tax Act
Laws Affected:: Amd §§8-1.0. 8-2.0, 9-8.0, 11-4.0 & 11-12.0, Chap 812 of 1942

2009-S3039 - Summary

Provides that the amount required to redeem real property affected by any tax sale certificate in foreclosure, or to be recovered by the plaintiff in foreclosure, shall include the aggregate amount of all tax sale certificates affecting such real property and shall also include amounts for attorneys' fees, abstracts of title, court costs, allowances and other disbursements.

2009-S3039 - Sponsor Memo

                                 BILL NUMBER:  S3039

 TITLE OF BILL :
An act to amend the Erie county tax act, in relation to providing that
the amount required to redeem real property affected by any tax sale
certificate in foreclosure, or to be recovered by the plaintiff in
foreclosure, shall include the aggregate amount of all tax sale
certificates affecting such real property and shall also include
amounts for attorneys' fees, abstracts of title, court costs,
allowances and other disbursements


 PURPOSE :
To provide that the amount required to redeem real property affected
by any tax sale certificate in foreclosure, or to be recovered by the
plaintiff in foreclosure, shall include the aggregate amount of all
tax sale certificates affecting such real property and shall also
include amounts for reasonable and necessary attorneys' fees,
abstracts of title, court costs, allowances and other disbursements.

 SUMMARY OF PROVISIONS :
This bill would amend Sections 8-1.0, 8-2.0, 98.0, 11-4.0 and 11-12.0
of the Erie County Tax Act so as to provide that the amount required
to redeem real property affected by any Erie County tax sale
certificate in foreclosure, or to be recovered by the plaintiff in
such foreclosure, shall include the aggregate amount of all tax sale

certificates affecting such real property, together with amounts for
reasonable and necessary attorney's fees, abstracts of title, court
costs, allowances and other disbursements.

 JUSTIFICATION :
By requiring that the amount required to be paid to redeem such
property, and the amount to be recovered in foreclosure by the owner
of any Erie County tax sale certificate, shall include the full amount
of all such tax sale certificates so-owned, together with accrued
interest, penalties and the costs and expenses of foreclosure such as
reasonable and necessary attorneys' fees, court costs and abstracts of
title, the value and enforceability of Erie County tax sale
certificates offered for sale will be significantly enhanced.

Similarly, insofar as Erie County may find itself continuing to own
tax sale certificates, and thus needing to directly enforce the
collection of tax delinquencies under the in rem tax foreclosure
provisions of the Erie County Tax Act, the legislation also
specifically provides for the payment or recovery of a per parcel "in
rem fee" of not more than five hundred dollars so as to cover the
presumptive costs to Erie County for reasonable and necessary
attorneys' fees, abstracts of title and other disbursements for such
in rem tax foreclosures.

 LEGISLATIVE HISTORY :
2008: S.6677-B/A.8345-C, passed the Senate.  However, the Erie County
Tax Act, originally enacted as Chapter 812 of the Laws of 1942, was
last amended by Chapter 8 of the laws of 2006 so as to allow for the
receipt by local tax collectors of partial payments toward current
fiscal year real property taxes.

 FISCAL IMPLICATIONS :
Enhancement of the inherent value of Erie County tax sale
certificates, whether offered for sale or retained by Erie County, by
including foreclosure expenses such as reasonable and necessary
attorneys' fees, abstract of title, court costs, allowances and other
disbursements in the amount to be paid to redeem affected properties,
and the amount to be recovered in foreclosure, thereby removing the
financial burden of such reasonable and necessary expenses from the
owners of Erie County tax sale certificates.
 EFFECTIVE DATE :
This act shall take effect immediately; provided that sections two,
three, four and five of this act shall not affect or apply to any Erie
county tax sale certificates for any fiscal year prior to 2009.

2009-S3039 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3039

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by Sens. VOLKER, STACHOWSKI -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

AN ACT to amend the Erie county tax act, in relation to  providing  that
  the  amount  required to redeem real property affected by any tax sale
  certificate in foreclosure, or to be recovered  by  the  plaintiff  in
  foreclosure,  shall  include  the  aggregate  amount  of  all tax sale
  certificates affecting such  real  property  and  shall  also  include
  amounts  for  attorneys' fees, abstracts of title, court costs, allow-
  ances and other disbursements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 8-1.0 of chapter 812 of the laws of 1942, consti-
tuting the Erie county tax act, as amended by chapter 682 of the laws of
1969, is amended to read as follows:
  S 8-1.0 Notice  to  redeem.  Except  as  PROVIDED  in  section  7-17.0
[provided] OF THIS ACT, whenever any lot or parcel of land heretofore or
hereafter  affected  by  the  sale of a tax certificate for taxes by the
commissioner of finance shall remain unredeemed  at  the  expiration  of
nine  months after the date of such sale, or at any time thereafter, the
grantee under such tax sale certificate or the person claiming under him
may serve a notice, written or printed, or  partly  written  and  partly
printed on the owner of such land and also upon all persons having mort-
gages  upon  such land, stating in substance a description of the lot or
parcel of land covered by such certificate, the amount for which the tax
lien was sold, the nature and amount of other  charges  allowable  under
this  act,  the  last day of redemption of any such real estate, and the
office or place where and the hours when the money for  such  redemption
can  be  paid, which office or place of business shall be in the city of
Buffalo and which hours shall be between nine o'clock  in  the  forenoon
and  four  o'clock  in the afternoon.   The last day of redemption to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06829-01-9

S. 3039                             2

specified in such notice shall be not less than three  months  from  the
date  of  the  service  thereof, nor prior to two years from the date of
such sale. Such notice shall be served  personally  or  left  with  some
adult  person at the residence or place of business of all persons enti-
tled to such notice if they or any of them reside in the city of Buffalo
or have a place of business therein; and in case they or any of them  do
not  so  reside or have such a place of business in said city, then such
notice shall be served by mailing a copy thereof addressed  to  them  at
the  post  office  at or nearest to their last known or reputed place of
residence, and if after diligent inquiry no information can be  obtained
as  to  such  last reputed place of residence, then such notice shall be
served by mail addressed to them at the post office at or nearest to the
property described in such notice.  The expense of  mailing  or  serving
each  such  notice shall [in no case exceed the sum of twenty-five cents
and may] be added to and become a part of the amount required to be paid
for the redemption of such real estate.
  S 2. Section 8-2.0 of chapter 812 of the laws  of  1942,  constituting
the Erie county tax act, is amended to read as follows:
  S  8-2.0  Title searches and continuations; conditions. At the expira-
tion of one year from the date of the execution of such  certificate  of
sale,  the  holder thereof may cause an abstract of title to be made and
the cost thereof, [not exceeding five dollars and]  established  by  the
affidavit of the certificate holder, shall be added to and become a part
of  the  amount  required  to  be  paid  for the redemption of such real
estate. Not more than one continuation of such abstract of title may  be
made in any calendar year and the charge therefor, established by a like
affidavit  shall [in no case exceed two dollars and fifty cents and may]
be added to the amount required to be paid for the  redemption  of  such
real  estate. Where a tax sale certificate is subsequently foreclosed by
the holder thereof, the amount for abstracts of title and  continuations
thereof shall be [offset and credited against the bill of costs incurred
in  such  tax  foreclosure]  ADDED  TO  AND  BECOME A PART OF THE AMOUNT
REQUIRED TO BE PAID FOR THE REDEMPTION OF SUCH REAL ESTATE.
  S 3. Section 9-8.0 of chapter 812 of the laws  of  1942,  constituting
the Erie county tax act, is amended to read as follows:
  S  9-8.0  Costs,  allowances  and disbursements. [The plaintiff in any
such action shall be  entitled  to  recover  the  actual  and  necessary
disbursements  made  in  such action, and, if he appears by an attorney,
costs as herein provided. Where judgment is taken by default, the  taxa-
ble costs shall not exceed fifteen dollars except where the amount shown
to  be  due by the tax sale certificates on which the action is brought,
including the  interest,  fees,  penalties  and  other  charges  thereon
exceeds fifty dollars, in which event the taxable costs shall not exceed
the sum of twenty-five dollars; when such an action, however, is settled
before  judgment,  there  shall  be allowed as costs to the plaintiff in
addition to his actual and necessary disbursements one-half of the above
prescribed sum. The plaintiff may procure such title searches as may  be
necessary  at  a  fair  and  reasonable  cost, which shall be taxed as a
necessary disbursement in the action. Where a charge has been made for a
search or continuation pursuant to  section  8-2.0  of  this  act,  such
charge  shall be offset and deducted from the bill of costs provided for
herein. Whenever a defense shall in good faith be interposed in any such
action and the  plaintiff  succeeds  therein,  the  same  costs  in  the
discretion of the court, may be awarded as would be allowed in an action
to  foreclose a mortgage. Costs in an action in which the county of Erie
is plaintiff shall be recovered by the county] AT ANY TIME FOLLOWING THE

S. 3039                             3

COMMENCEMENT OF AN ACTION BROUGHT PURSUANT TO THE PROVISIONS OF  SECTION
9-1.0  OF  THIS  ACT,  THE  AMOUNT  REQUIRED  TO  REDEEM ANY REAL ESTATE
AFFECTED BY SUCH A TAX SALE CERTIFICATE, AND THE AMOUNT TO BE  RECOVERED
BY  THE  PLAINTIFF,  SHALL  INCLUDE THE AGGREGATE AMOUNT OF ALL TAX SALE
CERTIFICATES AFFECTING SAME OWNED BY THE PLAINTIFF AS OF THE  DATE  SUCH
ACTION  WAS  COMMENCED, TOGETHER WITH ALL INTEREST, PENALTIES, ADDITIONS
AND EXPENSES AS PROVIDED IN THIS ACT, AND SHALL ALSO INCLUDE  REASONABLE
AND  NECESSARY  ATTORNEYS'  FEES,  COURT  COSTS,  ALLOWANCES  AND  OTHER
DISBURSEMENTS INCURRED BY PLAINTIFF IN CONNECTION WITH SUCH FORECLOSURE.
  S 4. Section 11-4.0 of chapter 812 of the laws of  1942,  constituting
the  Erie  county tax act, is amended by adding a new subdivision (d) to
read as follows:
  (D) A STATEMENT THAT THE AMOUNT REQUIRED TO REDEEM ANY  REAL  PROPERTY
AFFECTED  BY SUCH A TAX SALE CERTIFICATE, AND THE AMOUNT TO BE RECOVERED
BY THE COUNTY, SHALL INCLUDE  THE  AGGREGATE  AMOUNT  OF  ALL  TAX  SALE
CERTIFICATES AFFECTING SAME OWNED BY THE COUNTY AS OF THE DATE SUCH LIST
IS  FILED  IN THE COUNTY CLERK'S OFFICE BY THE COUNTY ATTORNEY, TOGETHER
WITH ALL INTEREST, PENALTIES, ADDITIONS AND  EXPENSES  AS  IN  THIS  ACT
PROVIDED,  AND  SHALL  ALSO INCLUDE A PER PARCEL FEE, TO BE KNOWN AS THE
"IN REM FEE", WHICH SHALL NOT EXCEED THE SUM OF FIVE HUNDRED DOLLARS, TO
COVER THE PRESUMPTIVE COST TO THE COUNTY FOR  REASONABLE  AND  NECESSARY
ATTORNEYS'   FEES,   ABSTRACTS  OF  TITLE  AND  OTHER  DISBURSEMENTS  IN
CONNECTION WITH SUCH FORECLOSURE PURSUANT TO THE IN  REM  PROVISIONS  OF
THIS ACT.
  S  5. Section 11-12.0 of chapter 812 of the laws of 1942, constituting
the Erie county tax act, as amended by chapter 981 of the laws of  1973,
is amended to read as follows:
  S  11-12.0  Public notice of foreclosure. Upon the filing of such list
in the office of the county clerk, the county attorney  shall  forthwith
cause  a  notice of foreclosure to be published at least once a week for
six successive weeks in two newspapers designated by him  and  published
within  the  county  of  Erie. Such notice shall be in substantially the
following form:

              "State of New York, County Court, Erie County
                   NOTICE OF FORECLOSURE OF TAX LIENS
                 BY THE COUNTY OF ERIE BY ACTION IN REM

  Please take notice that on the .....day of..........the county of Erie
pursuant to law filed with the clerk of Erie county a list of parcels of
property affected by unpaid tax liens held and owned by said  county  of
Erie which on such date had been due and unpaid for a period of at least
two  years  after  the date on which such real property affected by such
unpaid tax liens was sold. Such list contains as to each such parcel (a)
a brief description of the property affected by each tax lien,  (b)  the
name of the last known owner of such property as the same appears on the
latest tax roll in the hands of the commissioner of finance, or a state-
ment  that  the owner is unknown if such be the case, (c) a statement of
such tax liens upon such parcel of  property  including  such  tax  sale
certificates  owned  by the county of Erie which shall have been due for
less than two years, together with the date or dates from which and  the
rate  or  rates at which interest and penalties shall be computed, (D) A
STATEMENT THAT THE AMOUNT REQUIRED TO REDEEM ANY SUCH PARCEL OF  PROPER-
TY,  AND THE AMOUNT TO BE RECOVERED BY THE COUNTY, INCLUDES ALL TAX SALE
CERTIFICATES OWNED BY THE COUNTY AND AFFECTING SUCH  PROPERTY,  TOGETHER
WITH  ALL  INTEREST,  PENALTIES,  ADDITIONS  AND EXPENSES AS IN THIS ACT

S. 3039                             4

PROVIDED, AND ALSO INCLUDES AN "IN REM FEE" OF $..... PER  PARCEL  (HERE
INSERT  A  SUM NOT TO EXCEED FIVE HUNDRED DOLLARS) TO COVER THE PRESUMP-
TIVE COST TO THE COUNTY FOR REASONABLE AND  NECESSARY  ATTORNEYS'  FEES,
ABSTRACTS OF TITLE AND OTHER DISBURSEMENTS IN CONNECTION WITH SUCH FORE-
CLOSURE PURSUANT TO THE IN REM PROVISIONS OF THIS ACT.
  All persons having or claiming to have an interest in the real proper-
ty  described in such list of delinquent taxes and properties are hereby
notified that the filing of such list constitutes  the  commencement  by
said  county  of Erie of an action in the county court of Erie county to
foreclose the tax liens therein described by a foreclosure proceeding in
rem and that such list constitutes a notice of the  pendency  of  action
and  a complaint by the said county of Erie against each piece or parcel
of land therein described to enforce the payment of such tax liens. Such
action is brought against the real property only and is to foreclose the
tax liens described in such lists.
  No personal judgment shall be entered herein  against  any  owner  for
such taxes, assessments or other legal charges or any part thereof.
  This  notice  is directed to all persons having or claiming to have an
interest in the real property described in such list of delinquent taxes
and property and such persons are hereby notified further that a  certi-
fied  copy  of such list of delinquent taxes and property has been filed
in the office of the commissioner of finance of said county of Erie  and
in  the  respective  offices of each tax collector and receiver of taxes
and treasurers of the respective cities, towns, and  villages  in  which
such  listed  real  property is located, and will remain open for public
inspection up to and including the ...... day of ........, (here  insert
a  date  at  least seven weeks from the date of the first publication of
this notice) which date is hereby fixed as the last day for redemption.
  And take further notice that any person having or claiming to have  an
interest in any such parcel of real property and the legal right thereto
may on or before said date redeem the same by paying to the said commis-
sioner of finance of Erie county the amount of all such unpaid tax liens
thereon  and  in addition thereto all interest and penalties which are a
lien against such real property computed to and including  the  date  of
redemption.
  In  the  event  that such taxes are paid by a person holding a lien of
record against such property, the person so paying shall be entitled  to
have the tax liens affected thereby satisfied of record or to receive an
assignment of such tax liens evidenced by a proper written instrument.
  Any  person  having  any  right, title or interest in or lien upon any
parcel of real property described in such list of delinquent  taxes  and
properties may serve a duly verified answer upon the county attorney for
the  county of Erie setting forth in detail the nature and amount of his
interest and any defense or objection to the  foreclosure.  Such  answer
must  be  filed  in  the  office of the county clerk and served upon the
county attorney within twenty days after the date above mentioned as the
last day for redemption. In the event of failure to redeem or answer  by
any  person  having  the right to redeem or answer, such person shall be
forever barred and foreclosed of all  his  right,  title,  interest  and
equity  of redemption in and to the parcel of real property described in
such list of delinquent taxes and properties and a judgment in  foreclo-
sure may be taken by default.
  Take  further  notice that the ownership by the county of the tax sale
certificates set forth on such list of delinquent taxes  and  properties
is  conclusive evidence of the fact that the taxes, assessments or other

S. 3039                             5

legal charges represented thereby have not been paid to  the  county  or
assigned by it.
                                          ..............................
                                          Commissioner of Finance
...............................
Attorney for the County of Erie
(Address)"
  S  6.  This  act shall take effect immediately; provided that sections
two, three, four and five of this act shall not affect or apply  to  any
Erie county tax sale certificates for any fiscal year prior to 2009.

co-Sponsors

2009-S3039A (ACTIVE) - Details

Law Section:: Erie County Tax Act
Laws Affected:: Amd §§8-1.0. 8-2.0, 9-8.0, 11-4.0 & 11-12.0, Chap 812 of 1942

2009-S3039A (ACTIVE) - Summary

2009-S3039A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3039A

 TITLE OF BILL :
An act to amend the Erie county tax act, in relation to providing that
the amount required to redeem real property affected by any tax sale
certificate in foreclosure, or to be recovered by the plaintiff in
foreclosure, shall include the aggregate amount of all tax sale
certificates affecting such real property and shall also include
amounts for attorneys' fees, abstracts of title, court costs,
allowances and other disbursements


 PURPOSE :
To provide that the amount required to redeem real property affected
by any tax sale certificate in foreclosure, or to be recovered by the
plaintiff in foreclosure, shall include the aggregate amount of all
tax sale certificates affecting such real property and shall also
include amounts for reasonable and necessary attorneys' fees,
abstracts of title, court costs, allowances and other disbursements.

 SUMMARY OF PROVISIONS :
This bill would amend Sections 8-1.0, 8-2.0, 98.0,11-4.0 and 11-12.0
of the Erie County Tax Act so as to provide that the amount required
to redeem real property affected by any Erie County tax sale
certificate in foreclosure, or to be recovered by the plaintiff in
such foreclosure, shall include the aggregate amount of all tax sale

certificates affecting such real property, together with amounts for
reasonable and necessary attorney's fees, abstracts of title, court
costs, allowances and other disbursements.

 JUSTIFICATION :
By requiring that the amount required to be paid to redeem such
property, and the amount to be recovered in foreclosure by the owner
of any Erie County tax sale certificate, shall include the full amount
of all such tax sale certificates so-owned, together with accrued
interest, penalties and the costs and expenses of foreclosure such as
reasonable and necessary attorneys' fees, court costs and abstracts of
title, the value and enforceability of Erie County tax sale
certificates offered for sale will be significantly enhanced.

Similarly, insofar as Erie County may find itself continuing to own
tax sale certificates, and thus needing to directly enforce the
collection of tax delinquencies under the in rem tax foreclosure
provisions of the Erie County Tax Act, the legislation also
specifically provides for the payment or recovery of a per parcel "in
rem fee" of not more than five hundred dollars so as to cover the
presumptive costs to Erie County for reasonable and necessary
attorneys' fees, abstracts of title and other disbursements for such
in rem tax foreclosures.

 LEGISLATIVE HISTORY :
2008: S.6677-B/A.8345-C, passed the Senate.  However, the Erie County
Tax Act, originally enacted as Chapter 812 of the Laws of 1942, was
last amended by Chapter 8 of the laws of 2006 so as to allow for the
receipt by local tax collectors of partial payments toward current
fiscal year real property taxes.

 FISCAL IMPLICATIONS :
Enhancement of the inherent value of Erie County tax sale
certificates, whether offered for sale or retained by Erie County, by
including foreclosure expenses such as reasonable and necessary
attorneys' fees, abstract of title, court costs, allowances and other
disbursements in the amount to be paid to redeem affected properties,
and the amount to be recovered in foreclosure, thereby removing the
financial burden of such reasonable and necessary expenses from the
owners of Erie County tax sale certificates.
 EFFECTIVE DATE :
This act shall take effect immediately; provided that sections two,
three, four and five of this act shall not affect or apply to any Erie
county tax sale certificates for any fiscal year prior to 2010.

2009-S3039A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3039--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by Sens. VOLKER, STACHOWSKI -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment -- recommitted to the Committee on Local Government in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the Erie county tax act, in relation to providing that
  the amount required to redeem real property affected by any  tax  sale
  certificate  in  foreclosure,  or  to be recovered by the plaintiff in
  foreclosure, shall include  the  aggregate  amount  of  all  tax  sale
  certificates  affecting  such  real  property  and  shall also include
  amounts for attorneys' fees, abstracts of title, court  costs,  allow-
  ances and other disbursements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8-1.0 of chapter 812 of the laws of  1942,  consti-
tuting the Erie county tax act, as amended by chapter 682 of the laws of
1969, is amended to read as follows:
  S  8-1.0  Notice  to  redeem.  Except  as  PROVIDED  in section 7-17.0
[provided] OF THIS ACT, whenever any lot or parcel of land heretofore or
hereafter affected by the sale of a tax certificate  for  taxes  by  the
commissioner  of  finance  shall  remain unredeemed at the expiration of
nine months after the date of such sale, or at any time thereafter,  the
grantee under such tax sale certificate or the person claiming under him
may  serve  a  notice,  written or printed, or partly written and partly
printed on the owner of such land and also upon all persons having mort-
gages upon such land, stating in substance a description of the  lot  or
parcel of land covered by such certificate, the amount for which the tax
lien  was  sold,  the nature and amount of other charges allowable under
this act, the last day of redemption of any such real  estate,  and  the
office  or  place where and the hours when the money for such redemption
can be paid, which office or place of business shall be in the  city  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06829-03-0

S. 3039--A                          2

Buffalo  and  which  hours shall be between nine o'clock in the forenoon
and four o'clock in the afternoon.   The last day of  redemption  to  be
specified  in  such  notice shall be not less than three months from the
date  of  the  service  thereof, nor prior to two years from the date of
such sale. Such notice shall be served  personally  or  left  with  some
adult  person at the residence or place of business of all persons enti-
tled to such notice if they or any of them reside in the city of Buffalo
or have a place of business therein; and in case they or any of them  do
not  so  reside or have such a place of business in said city, then such
notice shall be served by mailing a copy thereof addressed  to  them  at
the  post  office  at or nearest to their last known or reputed place of
residence, and if after diligent inquiry no information can be  obtained
as  to  such  last reputed place of residence, then such notice shall be
served by mail addressed to them at the post office at or nearest to the
property described in such notice.  The expense of  mailing  or  serving
each  such  notice shall [in no case exceed the sum of twenty-five cents
and may] be added to and become a part of the amount required to be paid
for the redemption of such real estate.
  S 2. Section 8-2.0 of chapter 812 of the laws  of  1942,  constituting
the Erie county tax act, is amended to read as follows:
  S  8-2.0  Title searches and continuations; conditions. At the expira-
tion of one year from the date of the execution of such  certificate  of
sale,  the  holder thereof may cause an abstract of title to be made and
the cost thereof, [not exceeding five dollars and]  established  by  the
affidavit of the certificate holder, shall be added to and become a part
of  the  amount  required  to  be  paid  for the redemption of such real
estate. Not more than one continuation of such abstract of title may  be
made in any calendar year and the charge therefor, established by a like
affidavit  shall [in no case exceed two dollars and fifty cents and may]
be added to the amount required to be paid for the  redemption  of  such
real  estate. Where a tax sale certificate is subsequently foreclosed by
the holder thereof, the amount for abstracts of title and  continuations
thereof shall be [offset and credited against the bill of costs incurred
in  such  tax  foreclosure]  ADDED  TO  AND  BECOME A PART OF THE AMOUNT
REQUIRED TO BE PAID FOR THE REDEMPTION OF SUCH REAL ESTATE.
  S 3. Section 9-8.0 of chapter 812 of the laws  of  1942,  constituting
the Erie county tax act, is amended to read as follows:
  S  9-8.0  Costs,  allowances  and disbursements. [The plaintiff in any
such action shall be  entitled  to  recover  the  actual  and  necessary
disbursements  made  in  such action, and, if he appears by an attorney,
costs as herein provided. Where judgment is taken by default, the  taxa-
ble costs shall not exceed fifteen dollars except where the amount shown
to  be  due by the tax sale certificates on which the action is brought,
including the  interest,  fees,  penalties  and  other  charges  thereon
exceeds fifty dollars, in which event the taxable costs shall not exceed
the sum of twenty-five dollars; when such an action, however, is settled
before  judgment,  there  shall  be allowed as costs to the plaintiff in
addition to his actual and necessary disbursements one-half of the above
prescribed sum. The plaintiff may procure such title searches as may  be
necessary  at  a  fair  and  reasonable  cost, which shall be taxed as a
necessary disbursement in the action. Where a charge has been made for a
search or continuation pursuant to  section  8-2.0  of  this  act,  such
charge  shall be offset and deducted from the bill of costs provided for
herein. Whenever a defense shall in good faith be interposed in any such
action and the  plaintiff  succeeds  therein,  the  same  costs  in  the
discretion of the court, may be awarded as would be allowed in an action

S. 3039--A                          3

to  foreclose a mortgage. Costs in an action in which the county of Erie
is plaintiff shall be recovered by the county] AT ANY TIME FOLLOWING THE
COMMENCEMENT OF AN ACTION BROUGHT PURSUANT TO THE PROVISIONS OF  SECTION
9-1.0  OF  THIS  ACT,  THE  AMOUNT  REQUIRED  TO  REDEEM ANY REAL ESTATE
AFFECTED BY SUCH A TAX SALE CERTIFICATE, AND THE AMOUNT TO BE  RECOVERED
BY  THE  PLAINTIFF,  SHALL  INCLUDE THE AGGREGATE AMOUNT OF ALL TAX SALE
CERTIFICATES AFFECTING SAME OWNED BY THE PLAINTIFF AS OF THE  DATE  SUCH
ACTION  WAS  COMMENCED, TOGETHER WITH ALL INTEREST, PENALTIES, ADDITIONS
AND EXPENSES AS PROVIDED IN THIS ACT, AND SHALL ALSO INCLUDE  REASONABLE
AND  NECESSARY  ATTORNEYS'  FEES,  COURT  COSTS,  ALLOWANCES  AND  OTHER
DISBURSEMENTS INCURRED BY PLAINTIFF IN CONNECTION WITH SUCH FORECLOSURE.
  S 4. Section 11-4.0 of chapter 812 of the laws of  1942,  constituting
the  Erie  county tax act, is amended by adding a new subdivision (d) to
read as follows:
  (D) A STATEMENT THAT THE AMOUNT REQUIRED TO REDEEM ANY  REAL  PROPERTY
AFFECTED  BY SUCH A TAX SALE CERTIFICATE, AND THE AMOUNT TO BE RECOVERED
BY THE COUNTY, SHALL INCLUDE  THE  AGGREGATE  AMOUNT  OF  ALL  TAX  SALE
CERTIFICATES AFFECTING SAME OWNED BY THE COUNTY AS OF THE DATE SUCH LIST
IS  FILED  IN THE COUNTY CLERK'S OFFICE BY THE COUNTY ATTORNEY, TOGETHER
WITH ALL INTEREST, PENALTIES, ADDITIONS AND  EXPENSES  AS  IN  THIS  ACT
PROVIDED,  AND  SHALL  ALSO INCLUDE A PER PARCEL FEE, TO BE KNOWN AS THE
"IN REM FEE", WHICH SHALL NOT EXCEED THE SUM OF FIVE HUNDRED DOLLARS, TO
COVER THE PRESUMPTIVE COST TO THE COUNTY FOR  REASONABLE  AND  NECESSARY
ATTORNEYS'   FEES,   ABSTRACTS  OF  TITLE  AND  OTHER  DISBURSEMENTS  IN
CONNECTION WITH SUCH FORECLOSURE PURSUANT TO THE IN  REM  PROVISIONS  OF
THIS ACT.
  S  5. Section 11-12.0 of chapter 812 of the laws of 1942, constituting
the Erie county tax act, as amended by chapter 981 of the laws of  1973,
is amended to read as follows:
  S  11-12.0  Public notice of foreclosure. Upon the filing of such list
in the office of the county clerk, the county attorney  shall  forthwith
cause  a  notice of foreclosure to be published at least once a week for
six successive weeks in two newspapers designated by him  and  published
within  the  county  of  Erie. Such notice shall be in substantially the
following form:

              "State of New York, County Court, Erie County
                   NOTICE OF FORECLOSURE OF TAX LIENS
                 BY THE COUNTY OF ERIE BY ACTION IN REM

  Please take notice that on the .....day of..........the county of Erie
pursuant to law filed with the clerk of Erie county a list of parcels of
property affected by unpaid tax liens held and owned by said  county  of
Erie which on such date had been due and unpaid for a period of at least
two  years  after  the date on which such real property affected by such
unpaid tax liens was sold. Such list contains as to each such parcel (a)
a brief description of the property affected by each tax lien,  (b)  the
name of the last known owner of such property as the same appears on the
latest tax roll in the hands of the commissioner of finance, or a state-
ment  that  the owner is unknown if such be the case, (c) a statement of
such tax liens upon such parcel of  property  including  such  tax  sale
certificates  owned  by the county of Erie which shall have been due for
less than two years, together with the date or dates from which and  the
rate  or  rates at which interest and penalties shall be computed, (D) A
STATEMENT THAT THE AMOUNT REQUIRED TO REDEEM ANY SUCH PARCEL OF  PROPER-
TY,  AND THE AMOUNT TO BE RECOVERED BY THE COUNTY, INCLUDES ALL TAX SALE

S. 3039--A                          4

CERTIFICATES OWNED BY THE COUNTY AND AFFECTING SUCH  PROPERTY,  TOGETHER
WITH  ALL  INTEREST,  PENALTIES,  ADDITIONS  AND EXPENSES AS IN THIS ACT
PROVIDED, AND ALSO INCLUDES AN "IN REM FEE" OF $..... PER  PARCEL  (HERE
INSERT  A  SUM NOT TO EXCEED FIVE HUNDRED DOLLARS) TO COVER THE PRESUMP-
TIVE COST TO THE COUNTY FOR REASONABLE AND  NECESSARY  ATTORNEYS'  FEES,
ABSTRACTS OF TITLE AND OTHER DISBURSEMENTS IN CONNECTION WITH SUCH FORE-
CLOSURE PURSUANT TO THE IN REM PROVISIONS OF THIS ACT.
  All persons having or claiming to have an interest in the real proper-
ty  described in such list of delinquent taxes and properties are hereby
notified that the filing of such list constitutes  the  commencement  by
said  county  of Erie of an action in the county court of Erie county to
foreclose the tax liens therein described by a foreclosure proceeding in
rem and that such list constitutes a notice of the  pendency  of  action
and  a complaint by the said county of Erie against each piece or parcel
of land therein described to enforce the payment of such tax liens. Such
action is brought against the real property only and is to foreclose the
tax liens described in such lists.
  No personal judgment shall be entered herein  against  any  owner  for
such taxes, assessments or other legal charges or any part thereof.
  This  notice  is directed to all persons having or claiming to have an
interest in the real property described in such list of delinquent taxes
and property and such persons are hereby notified further that a  certi-
fied  copy  of such list of delinquent taxes and property has been filed
in the office of the commissioner of finance of said county of Erie  and
in  the  respective  offices of each tax collector and receiver of taxes
and treasurers of the respective cities, towns, and  villages  in  which
such  listed  real  property is located, and will remain open for public
inspection up to and including the ...... day of ........, (here  insert
a  date  at  least seven weeks from the date of the first publication of
this notice) which date is hereby fixed as the last day for redemption.
  And take further notice that any person having or claiming to have  an
interest in any such parcel of real property and the legal right thereto
may on or before said date redeem the same by paying to the said commis-
sioner of finance of Erie county the amount of all such unpaid tax liens
thereon  and  in addition thereto all interest and penalties which are a
lien against such real property computed to and including  the  date  of
redemption.
  In  the  event  that such taxes are paid by a person holding a lien of
record against such property, the person so paying shall be entitled  to
have the tax liens affected thereby satisfied of record or to receive an
assignment of such tax liens evidenced by a proper written instrument.
  Any  person  having  any  right, title or interest in or lien upon any
parcel of real property described in such list of delinquent  taxes  and
properties may serve a duly verified answer upon the county attorney for
the  county of Erie setting forth in detail the nature and amount of his
interest and any defense or objection to the  foreclosure.  Such  answer
must  be  filed  in  the  office of the county clerk and served upon the
county attorney within twenty days after the date above mentioned as the
last day for redemption. In the event of failure to redeem or answer  by
any  person  having  the right to redeem or answer, such person shall be
forever barred and foreclosed of all  his  right,  title,  interest  and
equity  of redemption in and to the parcel of real property described in
such list of delinquent taxes and properties and a judgment in  foreclo-
sure may be taken by default.
  Take  further  notice that the ownership by the county of the tax sale
certificates set forth on such list of delinquent taxes  and  properties

S. 3039--A                          5

is  conclusive evidence of the fact that the taxes, assessments or other
legal charges represented thereby have not been paid to  the  county  or
assigned by it.
                                          ..............................
                                          Commissioner of Finance
...............................
Attorney for the County of Erie
(Address)"
  S  6.  This  act shall take effect immediately; provided that sections
two, three, four and five of this act shall not affect or apply  to  any
Erie county tax sale certificates for any fiscal year prior to 2010.

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Senate Bill S3039

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Sponsored By

Dale M. Volker

Archive: Last Bill Status - Stricken

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William T. Stachowski

2009-S3039 - Details

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co-Sponsors

William T. Stachowski

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