senate Bill S6681

2013-2014 Legislative Session

Relates to final judgment in foreclosures by in rem proceedings in the city of Buffalo

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2014 referred to local government

S6681 - Details

See Assembly Version of this Bill:
A9245
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

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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