|Long Island, NY Foreclosure Lawyer Arnold M. Bottalico||
Generally, a homeowner or tenant living in a residential property that is being foreclosed is entitled to a stay or moratorium until January 15, 2022 so long as the homeowner or tenant was affected by the coronavirus pandemic. The declaration form can be viewed and printed from the below link. The form must be sent to the attorney handling the foreclosure for the bank or the attorney for the tax lienor and the original form sent to the Supreme Court in the county where the action is pending.
My property was sold in a village tax lien foreclosure, and I want to know if I can redeem my property.
Many folks may pay their county and school taxes but sometimes forget to pay a village tax. A village is required to notify a homeowner of their tax delinquency by sending a notice via first class mail to the homeowner's last address on file. If the homeowner moved and failed to notify the village then the homeowner may not receive the notice. The notice must indicate the amount of the lien and warn that if the payment is not made then the lien or property may be sold at a public auction. In Nassau county, some villages sell the tax lien at a tax lien sale which is advertised in a local newspaper. Once the lien is sold to the successful bidder at the public auction, the town may permit two years for the homeowner to redeem the property. Typically, the bidder must send a certified notice to the homeowner before the two year period ends and the notice must indicate the bidder's name, address, the amount needed to redeem and a warning that if the property is not redeemed before the end of the two year period that the homeowner may be divested of title. This divesting of title (loss of the home) will happen when the bidder applies to the village for a tax deed from the village treasurer. After the deed is conveyed, it is difficult to undue the process, but each case is unique and should be reviewed by an experienced tax lien foreclosure attorney.
In situations where the homeowner fails to pay school and or county (general) taxes then in some counties, like Nassau County, the lien is sold at a public auction and after the lien is sold to the successful bidder, the bidder must wait two years and after that period, the bidder cannot apply for a tax deed, but must commence a tax lien foreclosure action in court which is very similar to a mortgage lien foreclosure action except that some of the protections that apply to homeowners in mortgage foreclosures do not apply in tax lien foreclosures. Unlike the village tax lien sale mentioned above, the county tax lien usually affords more protections to the homeowners. In either case, it is crucial that anyone faced with a tax lien foreclosure act quickly and meet with a tax lien foreclosure attorney to see what can be done to save the home.
Arnold M. Bottalico is an experienced Long Island, NY foreclosure attorney with over 25 years of experience, and he welcomes your questions and comments.