State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1123

§ 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.

State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1123

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1123

§ 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.

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