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This entry was published on 2014-09-22
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SECTION 1123
Petition of foreclosure
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 11, TITLE 3
§ 1123. Petition of foreclosure. 1. Twenty-one months after lien date,
or as soon thereafter as is practicable, the enforcing officer shall
execute a petition of foreclosure pertaining to those properties which
remain subject to delinquent tax liens; provided, however, that in the
case of property which is subject to a three or four year redemption
period, such petition shall be executed thirty-three or forty-five
months after lien date, respectively, or as soon thereafter as is
practicable.

2. (a) The petition shall be filed with the clerk of the county in
which the property is situated no later than two business days after the
execution thereof and shall be in substantially the following form:

........... Court,.......... County.

IN THE MATTER OF THE FORECLOSURE

OF TAX LIENS BY PROCEEDING IN

REM PURSUANT TO ARTICLE ELEVEN

OF THE REAL PROPERTY TAX LAW

BY.............................

(insert name of tax district).

PETITION OF FORECLOSURE

The above-captioned proceeding is hereby commenced to enforce the
payment of delinquent taxes or other lawful charges which have
accumulated and become liens against certain property. The parcels to
which this proceeding applies are as follows: (insert the descriptions
and the names of the owners of record of each such parcel as of the date
of the filing of the list of delinquent taxes).

(b) In addition to the information required by this section, the
enforcing officer may incorporate into the petition of foreclosure the
substance of the notice of foreclosure pursuant to section eleven
hundred twenty-four of this article. Where this option is exercised,
the document may serve as both a petition of foreclosure and as a notice
of foreclosure for purposes of this article.

3. In lieu of placing in the body of the petition the descriptions and
names of the owners of the parcels to which the proceeding applies, the
enforcing officer may place such information in an attachment to the
petition, in which case the content of the petition shall be revised
accordingly.

4. The petition shall be dated and subscribed by the enforcing officer
and affirmed by him or her as true under the penalties of perjury.

5. A duplicate copy of such petition shall be retained in the office
of the enforcing officer.

6. Every person, including a tax district other than the one
foreclosing, having any right, title or interest in, or lien upon, any
parcel described in such petition may redeem such parcel in the manner
provided by title two of this article, or may interpose an answer in the
manner provided herein.

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. 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. Whenever 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.

8. In the event of failure to redeem or answer by any person having
the right to redeem or answer, such person shall be in default and shall
be barred and forever foreclosed from all his or her right, title and
interest in and to the parcels described in such petition and a judgment
in foreclosure may be taken by default as provided by this title.