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This entry was published on 2016-10-07
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SECTION 1616
Delinquent property tax enforcement
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 16
§ 1616. Delinquent property tax enforcement.

The municipality may enter into a contract to sell some or all of the
delinquent tax liens held by it to a land bank, subject to the following
conditions:

(a) The consideration to be paid may be more or less than the face
amount of the tax liens sold.

(b) Property owners shall be given at least thirty days advance notice
of such sale in the same form and manner as is provided by subdivision
two of section eleven hundred ninety of the real property tax law.
Failure to provide such notice or the failure of the addressee to
receive the same shall not in any way affect the validity of any sale of
a tax lien or tax liens or the validity of the taxes or interest
prescribed by law with respect thereto.

(c) The municipality shall set the terms and conditions of the
contract of sale.

(d) The land bank must thirty days prior to the commencement of any
foreclosure action provide to the municipality a list of liens to be
foreclosed. The municipality may, at its sole option and discretion,
repurchase a lien or liens on the foreclosure list from the land bank.
The repurchase price shall be the amount of the lien or liens plus any
accrued interest and collection fees incurred by the land bank. The land
bank shall provide the foreclosure list to the municipality, along with
the applicable repurchase price of each lien, by certified mail, and the
municipality shall have thirty days from receipt to notify the land bank
of its option to purchase one or more of the liens. If the municipality
opts to purchase the lien, it shall provide payment within thirty days
of receipt of the repurchase price of said lien or liens. If the
municipality shall fail to opt to repurchase the lien or liens the land
bank shall have the right to commence a foreclosure action immediately.

(e) The sale of a tax lien pursuant to this article shall not operate
to shorten the otherwise applicable redemption period or change the
otherwise applicable interest rate.

(f) Upon the expiration of the redemption period prescribed by law,
the purchaser of a delinquent tax lien, or its successors or assigns,
may foreclose the lien as in an action to foreclose a mortgage as
provided in section eleven hundred ninety-four of the real property tax
law. The procedure in such action shall be the procedure prescribed by
article thirteen of the real property actions and proceedings law for
the foreclosure of mortgages. At any time following the commencement of
an action to foreclose a lien, the amount required to redeem the lien,
or the amount received upon sale of a property, shall include reasonable
and necessary collection costs, attorneys' fees, legal costs,
allowances, and disbursements.

(g) The provisions of title five of article eleven of the real
property tax law shall apply so far as is practicable to a contract for
the sale of tax liens pursuant to this article.

(h) If the court orders a public sale pursuant to section eleven
hundred thirty-six of the real property tax law, and the purchaser of
the property is the land bank, then the form, substance, and timing of
the land bank's payment of the sales price may be according to such
agreement as is mutually acceptable to the plaintiff and the land bank.
The obligation of the land bank to perform in accordance with such
agreement shall be deemed to be in full satisfaction of the tax claim
which was the basis for the judgment.

(i) Notwithstanding any other provision of law to the contrary, in the
event that no municipality elects to tender a bid at a public sale
pursuant to the provisions of section eleven hundred sixty-six of the
real property tax law or sale pursuant to the provisions of a county
charter, city charter, administrative code, or special law when
applicable under section eleven hundred four of the real property tax
law, the land bank may tender a bid at such sale in an amount equal to
the total amount of all municipal claims and liens which were the basis
for the judgment. In the event of such tender by the land bank the
property shall be deemed sold to the land bank regardless of any bids by
any other third parties. The bid of the land bank shall be paid as to
its form, substance, and timing according to such agreement as is
mutually acceptable to the plaintiff and the land bank. The obligation
of the land bank to perform in accordance with such agreement shall be
deemed to be in full satisfaction of the municipal claim which was the
basis for the judgment. The land bank, as purchaser at such public sale
or sale pursuant to the provisions of a county charter, city charter,
administrative code, or special law when applicable under section eleven
hundred four of the real property tax law, shall take and forever
thereafter have, an absolute title to the property sold, free and
discharged of all tax and municipal claims, liens, mortgages, charges
and estates of whatsoever kind. The deed to the land bank shall be
executed, acknowledged and delivered within thirty days of the sale.
Alternatively, the land bank can assign all rights resulting from the
land bank's successful tender for the property to the foreclosing
governmental unit, which would allow the property to be deeded directly
to the foreclosing governmental unit. All land bank acquisitions
pursuant to this paragraph shall comply with section sixteen hundred
eight of this article and all dispositions of property acquired pursuant
to this paragraph shall comply with section sixteen hundred nine of this
article.