N.Y. Real Property Tax Law § 1124: Public notice of foreclosure

§ 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 six

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.