Do you support this bill?

Assembly Bill A2177

2009-2010 Legislative Session

Requires tax foreclosure enforcing officer to provide notice to owner by first class mail and posting upon return of certified mail as undelivered

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2009-A2177 (ACTIVE) - Details

Law Section:
Real Property Tax Law
Laws Affected:
Amd §§1123, 1125 & 1131, add §1133, RPT L

2009-A2177 (ACTIVE) - Summary

Requires tax foreclosure enforcing officer to provide notice of commencement of a foreclosure action and the entry of a default foreclosure judgment to owner by first class mail and posting such notice at the affected property upon return of such notice mailed by certified mail as undelivered; provides that a default foreclosure judgment may only be taken if the owner of the property has received notice thereof or the enforcing officer a diligent effort has been unable to provide such notice; requires reconveyance of foreclosed real property within 4 months of notice of such foreclosure to the owner if the taxes, penalties and interest are paid on such property.

2009-A2177 (ACTIVE) - Bill Text download pdf 

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

                                  2177

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. McENENY -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to the  provision
  of  personal  notice to a real property owner of the commencement of a
  foreclosure proceeding and the entry of  a  default  judgment  against
  such property, and requiring taxing authorities to reconvey foreclosed
  property  with  4  months of service of the default judgment, upon the
  former owner if the taxes, interest and penalties are paid thereon

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

  Section 1. Subdivision 7 of section 1123 of the real property tax law,
as  amended  by  chapter  532 of the laws of 1994, is amended to read as
follows:
  7. An answer to a petition of foreclosure shall be  duly  verified  by
the  respondent  and  shall set forth in detail the nature and amount of
his or her interest and any defense or objections to the foreclosure  of
the  tax lien. THE ANSWER MAY CLAIM ANY SURPLUS RECEIVED AT THE FORECLO-
SURE SALE OVER THE AMOUNT OF MONEY OWED FOR TAXES, INTEREST  AND  PENAL-
TIES.  Such  answer shall be filed in the office of the county clerk and
served on the attorney for the tax district foreclosing on or before the
last day for redemption, as specified in the notice of petition.   When-
ever  an  answer  has  been  interposed as herein provided, either party
shall have an absolute right to a severance of the proceeding as to  the
parcel or parcels to which the answer relates.
  S  2. Section 1125 of the real property tax law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. IN THE EVENT THAT THE NOTICE MAILED  BY  CERTIFIED  MAIL  TO  ANY
OWNER  IS  RETURNED,  WITHOUT  A  SIGNED  RECEIPT, AS UNDELIVERED TO THE
ENFORCING OFFICER OR IF THE ENFORCING OFFICER IS UNABLE TO SECURE  PROOF
OF  RECEIPT  FROM  THE  UNITED STATES POSTAL SERVICE, SUCH OFFICER SHALL
MAIL SUCH NOTICE TO THE OWNER BY ORDINARY FIRST  CLASS  MAIL  AND  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00806-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.