NY
The investor buys a lien on the property. The owner keeps title and can redeem by paying the lien plus interest or penalty.
Sale type
Tax lien
Redemption
24 mo
Interest / penalty
Flat rate · 12%
Sale timing
Varies
Rules in plain English
Sale type
Tax lien
The investor buys a lien on the property. The owner keeps title and can redeem by paying the lien plus interest or penalty.
RPT Law 1110
“Real property subject to a delinquent tax lien may be redeemed by payment to the enforcing officer”official source ↗
Redemption period
24 mo
24 months (2 years)
Interest / penalty
Flat rate · 12%
12% flat per year.
RPT Law 924-A
“the rate of interest prescribed by this subdivision shall in no event be less than twelve per centum per annum”official source ↗
Bid method
Not documented
Not documented
RPT Law 1190
“may continue to enforce the collection of delinquent taxes, including through the sale of tax liens, pursuant to a county charter, city charter, administrative code”official source ↗
Sale schedule
Varies
Sale timing varies by county.
RPT Law 1190
“At least thirty days prior to the date on which a sale of delinquent tax liens is scheduled to occur”official source ↗
Bidder process
- 01Identify how the tax district enforces delinquent taxes: under Real Property Tax Law article 11 a district may enforce by selling the tax lien or by an in rem foreclosure proceeding, and some counties and cities enforce under a charter or special law instead (1190(1)(a))
- 02If the court directs a sale in an in rem foreclosure proceeding, bid at the public auction held by the enforcing officer, for which public notice must be given once a week for at least three successive weeks in a newspaper published in the tax district or county (1136(2)(c))
- 03Bid on real property the tax district has taken by foreclosure, which the district or enforcing officer may sell and convey either with or without advertising for bids (1166(1))
- 04Note that such a sale is effective only when approved and confirmed by a majority vote of the governing body of the tax district, except that no approval is required when the property is sold at public auction to the highest bidder (1166(2))
- 05Alternatively, buy delinquent tax liens where the tax district sells them, including by contract to the state of New York municipal bond bank agency or one of its tax lien entities (1190(1))
- 06If you buy a delinquent tax lien, wait out the redemption period: after it expires you may foreclose the lien as in an action to foreclose a mortgage (1194(1))
- 07Become the purchaser at the foreclosure sale, since the court directs the sale of the property and any party to the action may become the purchaser at that sale (1194(7))
- Registration
- Not documented
- Registration mode
- Not documented
- Registration deadline
- Not documented
- Registration fee
- Not documented
- Deposit required
- Not documented
- Deposit amount
- Not documented
- Deposit percent
- Not documented
- Deposit refundable
- Not documented
- Sale format
- hybrid
- Payment deadline
- Not documented
- Payment methods
- unknown
- Residency required
- Not documented
N.Y. Real Property Tax Law 1136(2)(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.”official source ↗
N.Y. Real Property Tax Law 1136(3)(b)
“Alternatively, at the request of the enforcing officer, the court may make a final judgment authorizing the enforcing officer to prepare, execute and cause to be recorded a deed conveying full and complete title to such parcel directly to a party other than the tax district, without the tax district taking title thereto.”official source ↗
N.Y. Real Property Tax Law 1166(1)
“Whenever any tax district shall become vested with the title to real property, and whenever an enforcing officer shall have been authorized to sell and convey real property directly to another party, by virtue of a foreclosure proceeding brought pursuant to the provisions of this article, such tax district or enforcing officer is hereby authorized to sell and convey such real property, which shall include any and all gas, oil or mineral rights associated with such real property, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law.”official source ↗
N.Y. Real Property Tax Law 1166(2)
“No such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the tax district, except that no such approval shall be required when the property is sold at public auction to the highest bidder.”official source ↗
N.Y. Real Property Tax Law 1190(1)(a)
“Notwithstanding any general or special law to the contrary, a tax district may enter into a contract to sell some or all of the delinquent tax liens held by it to the state of New York municipal bond bank agency created pursuant to section twenty-four hundred thirty-three of the public authorities law, hereinafter referred to as the "bond bank", or to one or more tax lien entities created by the bond bank pursuant to section twenty-four hundred thirty-five-b of the public authorities law.”official source ↗
N.Y. Real Property Tax Law 1194(1)
“Upon the expiration of the redemption period prescribed by law, the purchaser of a delinquent tax lien, or its successors or assigns, may foreclose the lien as in an action to foreclose a mortgage.”official source ↗
N.Y. Real Property Tax Law 1194(7)
“The court shall have full power to determine and enforce in all respects the priorities, rights, claims and demands of the several parties to such action, including the priorities, rights, claims and demands of the defendants as between themselves, and to direct a sale of such real property and the distribution or other disposition of the proceeds of the sale, except as otherwise provided in this article. Any party to the action may become the purchaser at any such sale.”official source ↗
Notes
Enforced by in rem foreclosure (RPT 1120 et seq.). | Prose: lien | interest not less than 12% per annum (added per month or fraction) on delinquent taxes | 2 years after lien date (extendable/reducible by county roll or notice) | varies by county | varies by county