Matter of Foreclosure of Tax Liens

CLINTON COUNTY
Real Property

New York Law Journal

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Judge Timothy Lawliss

Greenpoint Assets bought three separate parcels of land in Clinton County, but failed to pay its 2010 and 2011 real property taxes. The county mailed a combined notice of petition and foreclosure several times to Greenpoint, but the notices were returned for incorrect addresses or failure to provide accurate information. The county posted a notice on a phone pole near the parcel bordering a public highway to comply with posting requirements of Real Property Tax Law §1125(1)(c). A court granted the county's motion, awarding it possession of the property. Greenpoint moved to vacate the foreclosure judgment, arguing the county failed to provide them with notice, and seized the property without due process. The county argued the motion was bared by RPTL §1131, and the court agreed, finding a motion to vacate must be commenced within one month of entry. It also found by sending the notice to Greenpoint by certified and regular mail to the address given to the county at the time of the purchase, posting on the phone pole, and making reasonable efforts to locate an alternate address, the country satisfied all requirements. Thus, vacatur of the foreclosure was denied.

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