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New York Real Property Tax - Title 3 - § 1136 Final Judgment

Legal Research Home > New York Laws > New York Real Property Tax (RPT) > New York Real Property Tax - Title 3 - § 1136 Final Judgment

 
    § 1136. Final judgment. 1. Generally.  The court shall have full power
  to  determine and enforce in all respects the priorities, rights, claims
  and demands of the several parties to the proceeding, as the same  exist
  according  to  law, including the priorities, rights, claims and demands
  of the respondents  as  between  themselves.  The  court  shall  further
  determine  upon  proof  and  shall make findings upon such proof whether
  there has been due compliance by the tax district with the provisions of
  this article.
    2. When an answer has been interposed. (a) When  an  answer  has  been
  interposed by a party other than a tax district as to any parcel of real
  property  included  in  the petition described in section eleven hundred
  twenty-three of this chapter and the court determines that the answer is
  meritorious, the court shall dismiss the petition of  foreclosure,  with
  or  without  prejudice,  as to the affected parcel or parcels, unless an
  agreement is executed pursuant to  subdivision  two  of  section  eleven
  hundred  fifty of this article.  If the court determines that the answer
  is not meritorious, the court shall make a final  judgment  awarding  to
  such  tax  district  the possession of the affected parcel or parcels in
  the same manner as provided by subdivision three of this section.
    (b) When an answer has been interposed by another tax district  as  to
  any  parcel  and  the court shall determine that such other tax district
  has an interest in such parcel, then and in that event the tax districts
  having an interest in such parcel may by  agreement  between  themselves
  pursuant  to  subdivision  one  of  section eleven hundred fifty of this
  article provide (i) for a conveyance without sale of any such parcel  to
  one of such tax districts free and clear of any right, title or interest
  in  or  lien upon such parcel or such other tax district or districts or
  (ii) for a conveyance without sale of any such parcel to one of such tax
  districts subject to any right, title or interest in or lien  upon  such
  parcel  of  such  other  tax  district  or  districts. In either of such
  events, the court shall in its judgment expressly dispense with the sale
  and direct the making and execution of a  conveyance  by  the  enforcing
  officer  in  accordance  with  such agreement. In the absence of such an
  agreement, the court shall make a final judgment directing the  sale  of
  such parcel.
    (c)  Any sale directed by the court pursuant to this subdivision shall
  be at public auction by the enforcing  officer.  Public  notice  thereof
  shall  be  given  once  a  week for at least three successive weeks in a
  newspaper published in the tax district,  if  any,  or  if  none,  in  a
  newspaper  published  in  the  county  in  which  such  tax  district is
  situated. The enforcing officer  shall  receive  no  additional  fee  or
  compensation for such service. The description of the parcel offered for
  sale  in  such  notice shall be that contained in the petition with such
  other description, if any, as the court may direct.
    (d) In directing any conveyance  pursuant  to  this  subdivision,  the
  judgment  shall  direct  the  enforcing  officer  of the tax district to
  prepare and execute a deed conveying title to the parcel or  parcels  of
  real  property  concerned.  Such title shall be full and complete in the
  absence of an agreement between tax districts as herein provided that it
  shall be subject to the tax liens of one or more tax districts. Upon the
  execution of such deed, the grantee shall be seized of an estate in  fee
  simple  absolute  in such parcel unless the conveyance is expressly made
  subject to tax liens of a tax  district  as  herein  provided,  and  all
  persons,  including  the  state,  infants,  incompetents,  absentees and
  non-residents, who may have had any right, title, interest, claim,  lien
  or  equity  of  redemption  in  or upon such parcel, shall be barred and
  forever foreclosed of all such right, title, interest,  claim,  lien  or
  equity of redemption.

    3.  When  no  answer has been interposed. The court shall make a final
  judgment awarding to such tax district the possession of any  parcel  of
  real  property  described in the petition of foreclosure not redeemed as
  provided in this title and as  to  which  no  answer  is  interposed  as
  provided  herein.  In  addition  thereto  such  judgment shall contain a
  direction to the enforcing officer  of  the  tax  district  to  prepare,
  execute  and  cause to be recorded a deed conveying to such tax district
  full and complete title to such parcel. Upon the execution of such deed,
  the tax district shall be seized of an estate in fee simple absolute  in
  such parcel and all persons, including the state, infants, incompetents,
  absentees and non-residents who may have had any right, title, interest,
  claim,  lien  or  equity  of  redemption in or upon such parcel shall be
  barred and forever foreclosed of all such right, title, interest, claim,
  lien or equity of redemption.

Last modified: February 18, 2012