|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2014||referred to local government|
senate Bill S6681
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6681 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Real Property Taxation
S6681 - Summary
Relates to the disposition of surplus funds resulting from a tax lien foreclosure sale in the city of Buffalo; provides that a judgment may be entered, upon request of the tax district, without such district taking title to the property.
S6681 - Sponsor Memo
BILL NUMBER:S6681 TITLE OF BILL: An act relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo PURPOSE: To allow the City of Buffalo to obtain the proceeds of the sale of any property obtained through foreclosure without having to hold the title, for the benefit of the city's Urban Renewal Agency. SUMMARY OF PROVISIONS: Section 1: exempts the City of Buffalo from Section 1136 of the real property tax law which relates to the entry of final judgment by a court in a foreclosure of a tax lien through an in rem proceeding. Subdivision 2: provides that upon final judgment in its favor, the City of Buffalo shall receive "the right to convey title" to the affected parcel(s). Current law grants the City of Buffalo "possession" of such parcel. Also, existing paragraphs (c) and (d) are deleted. Subdivision 3: provides that a judgment may be entered, upon request of the City of Buffalo, without the City taking title to the property. New language specifically authorizes the City to sell any property obtained via judgment if it chooses not to retain such parcel for public use.
S6681 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6681 I N S E N A T E February 26, 2014 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT relating to final judgment in foreclosures by in rem proceedings in the city of Buffalo THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Final judgment; proceedings in the city of Buffalo. Notwithstanding the provisions of section 1136 of the real property tax law, the following provisions shall apply to final judgments in in rem proceedings taken in the city of Buffalo. 1. Generally. The court shall have full power to determine and enforce in all respects the priorities, rights, claims and demands of the several parties to the proceeding, as the same exist according to law, including the priorities, rights, claims and demands of the respondents as between themselves. The court shall further determine upon proof and shall make findings upon such proof whether there has been due compliance by the tax district with the provisions of article 11 of the real property tax law. 2. When an answer has been interposed. (a) When an answer has been interposed by a party other than a tax district as to any parcel of real property included in the petition described in section 1123 of the real property tax law and the court determines that the answer is meritori- ous, the court shall dismiss the petition of foreclosure, with or with- out prejudice, as to the affected parcel or parcels, unless an agreement is executed pursuant to subdivision 2 of section 1150 of the real prop- erty tax law. If the court determines that the answer is not meritori- ous, the court shall make a final judgment awarding to such tax district the right to convey title to the affected parcel or parcels in the same manner as provided by subdivision three of this section. (b) When an answer has been interposed by another tax district as to any parcel and the court shall determine that such other tax district has an interest in such parcel, then and in that event the tax districts having an interest in such parcel may by agreement between themselves pursuant to subdivision 1 of section 1150 of the real property tax law provide (i) for a conveyance without sale of any such parcel to one of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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