State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1124

§ 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.

State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1124

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-11 > Title-3 > 1124

§ 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.

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