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This entry was published on 2014-09-22
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SECTION 1124
Public notice of foreclosure
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 11, TITLE 3
§ 1124. Public notice of foreclosure. 1. Upon the filing of a petition
of foreclosure in the office of the county clerk, the enforcing officer
forthwith shall cause a notice of foreclosure to be published in each of
three non-consecutive weeks in a two month period in at least two
newspapers designated by him or her.

2. (a) Each newspaper designated for this purpose shall have general
circulation in the tax district. An official newspaper of the tax
district shall be deemed to satisfy the requirements of this provision.

(b) In New York and Bronx counties the newspapers to be designated for
the publication of such notice or any other public notice required
pursuant to this article shall be the daily law journal designated by
the justices of the appellate division of the first judicial department
and another newspaper designated by such justices pursuant to the
provisions of subdivisions one and two of section ninety-one of the
judiciary law.

3. Such notice shall be in substantially the following form:

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

IN THE MATTER OF THE FORE-

CLOSURE OF TAX LIENS BY

PROCEEDING IN REM PURSUANT

TO ARTICLE ELEVEN OF THE

REAL PROPERTY TAX LAW

BY........... (insert name

of tax district).

NOTICE OF FORECLOSURE
PLEASE TAKE NOTICE that on the......... day of..................,
the............... (insert title of enforcing officer), hereinafter,
the "Enforcing Officer", of.............. (insert name of tax
district), hereinafter, the "Tax District", pursuant to law filed with
the clerk of.......... county, a petition of foreclosure against
various parcels of real property for unpaid taxes. Such petition
pertains to the following parcels: (insert the description and the name
of the owner or owners of record of each parcel as of the date of the
filing of the list of delinquent taxes).

Effect of filing: All persons having or claiming to have an interest
in the real property described in such petition are hereby notified that
the filing of such petition constitutes the commencement by the Tax
District of a proceeding in the court specified in the caption above to
foreclose each of the tax liens therein described by a foreclosure
proceeding in rem.

Nature of proceeding: Such proceeding is brought against the real
property only and is to foreclose the tax liens described in such
petition. No personal judgment will be entered herein for such taxes or
other legal charges or any part thereof.

Persons affected: This notice is directed to all persons owning or
having or claiming to have an interest in the real property described in
such petition. Such persons are hereby notified further that a duplicate
of such petition has been filed in the office of the Enforcing Officer
of the Tax District and will remain open for public inspection up to and
including the date specified below as the last day for redemption.

Right of redemption: Any person having or claiming to have an interest
in any such real property and the legal right thereto may on or before
said date redeem the same by paying the amount of all such unpaid tax
liens thereon, including all interest and penalties and other legal
charges which are included in the lien against such real property,
computed to and including the date of redemption. Such payments shall be
made to ......... (here insert the name, title and address of the
official to whom such payments are to be made). In the event that such
taxes are paid by a person other than the record owner of such real
property, the person so paying shall be entitled to have the tax liens
affected thereby satisfied of record.

Last day for redemption: The last day for redemption is hereby fixed
as the ......... day of .......... (here insert a date at least three
months after the date of the first publication of this notice).

Service of answer: Every person having any right, title or interest in
or lien upon any parcel of real property described in such petition may
serve a duly verified answer upon the attorney for the Tax District
setting forth in detail the nature and amount of his or her interest and
any defense or objection to the foreclosure. Such answer must be filed
in the office of the county clerk and served upon the attorney for the
Tax District on or before the date above mentioned as the last day for
redemption.

Failure to redeem or answer: In the event of failure to redeem or
answer by any person having the right to redeem or answer, such person
shall be forever barred and foreclosed of all his or her right, title
and interest and equity of redemption in and to the parcel described in
such petition and a judgment in foreclosure may be taken by default.

Enforcing Officer:

..................

..................

(Name and title of

enforcing officer)
Attorney for Tax District:
............................
............................
............................
............................
(Name, title and address of attorney for tax district, if the same is
not the enforcing officer)

4. The enforcing officer shall on or before the date of the first
publication of the notice above set forth cause a copy of such notice to
be posted once in his or her office and shall cause a copy of such
notice to be posted in the county court house in the place provided for
the posting of public notices.

5. Nothing contained herein shall be construed to preclude the
enforcing officer from providing for additional public notice of
foreclosure by other means, including broadcast on the local access
channel of a cable television company having a franchise within the tax
district.

6. If the substance of such notice has been incorporated into the
petition of foreclosure, the requirements of this section shall be
satisfied if the petition of foreclosure is published and posted in the
manner prescribed by this section.