2023 New York Laws › RPT - Real Property Tax › Article 11 - Procedures for Enforcement of Collection of Delinquent Taxes › Title 3 - Foreclosure of Tax Lien by Proceeding in Rem › 1138 - Withdrawal of Parcels From Foreclosure.

§  1138.  Withdrawal  of  parcels  from foreclosure.   1. Grounds. The
enforcing officer of any tax district may at any  time  prior  to  final
judgment  withdraw  any  parcel  of  real  property  from  a foreclosure
proceeding under this title for one or more of the following reasons:
(a) there is reason to believe that there may be a legal impediment to
the enforcement of the tax lien affecting such parcel;
(b) the tax has been cancelled or is subject to cancellation  pursuant
to  section five hundred fifty-eight of this chapter, or, in the case of
a tax district to which such section does not apply, the  tax  would  be
subject  to  cancellation  if  such  section  were applicable to the tax
district;
(c) the enforcement of the lien has been stayed by  the  filing  of  a
petition  pursuant  to  the Bankruptcy Code of 1978 (Title Eleven of the
United States Code);
(d) if the tax district  were  to  acquire  the  parcel,  there  is  a
significant  risk  that it might be exposed to a liability substantially
in excess of the amount that could be recovered  by  enforcing  the  tax
lien;
(e)  the  owner of the parcel has entered into an agreement to pay the
taxes in installments pursuant to section eleven hundred eighty-four  of
this article, and has not defaulted thereon;
(f)  in  a  tax  district which has extended the redemption period for
residential or farm property, (i) the parcel  has  been  included  on  a
petition  for  foreclosure,  (ii)  it has since been demonstrated to the
satisfaction of the enforcing officer that the parcel is residential  or
farm  property, and (iii) being residential or farm property, the parcel
is not yet subject to inclusion on such a petition;
(g) in a tax district which has extended  the  redemption  period  for
residential  property  for  certain persons deployed by the military (i)
the parcel has been included on a petition  for  foreclosure,  (ii)  has
been  demonstrated to the satisfaction of the enforcing officer that the
parcel is residential, (iii) the property is eligible for  the  extended
redemption  period  pursuant  to section eleven hundred thirteen of this
article, and as such is not yet subject to inclusion of such a petition;
or
(h) the tax lien has been or is to be sold pursuant to title  five  of
this article.
2.  Procedure.  (a) Upon the withdrawal from foreclosure of any parcel
of real property, the enforcing officer shall  issue  a  certificate  of
withdrawal, setting forth the facts which render the parcel eligible for
withdrawal  from  foreclosure.  The  certificate shall be filed with the
clerk of the governing body of the tax district.
(b) If the parcel has been included on a list of delinquent taxes that
has been filed pursuant to section eleven  hundred  twenty-two  of  this
title,  the  enforcing  officer  shall file a copy of the certificate of
withdrawal with the county clerk  within  ten  business  days  from  the
issuance  of  the  certificate.  The  county  clerk  shall note the word
"withdrawn" and the date of such filing opposite the description of such
parcel on the list.
3. Effect. The filing of such a certificate shall have the  effect  of
withdrawing the affected parcel from foreclosure; provided, that (a) the
filing  shall  have  no  effect  upon  the tax lien or liens against the
affected parcel, nor, if the parcel has  been  included  on  a  list  of
delinquent  taxes that has been filed pursuant to section eleven hundred
twenty-two of this article, upon the notice of pendency with respect  to
any  such  parcel,  unless  the  lien  should  be  cancelled pursuant to
subdivision six of this section or such other law as may be  applicable;
and  (b) if the lien is not cancelled, the foreclosure proceeding may be

reinstated in the manner provided in subdivision four of  this  section,
or  a  supplementary  proceeding to enforce collection of the delinquent
tax may be commenced in the manner provided in subdivision five of  this
section.
4.   Reinstatement.  (a)  The  enforcing  officer  shall  reinstate  a
withdrawn foreclosure proceeding if (i) he or she  determines  that  the
parcel  is  no  longer eligible for withdrawal from foreclosure, or (ii)
the governing body of the tax district adopts a resolution directing the
enforcing officer to reinstate such proceeding.
(b) The enforcing officer shall issue a certificate  of  reinstatement
setting forth the reasons for the reinstatement of the proceeding.
(c)  If the parcel has been marked "withdrawn" on a list of delinquent
taxes that has been filed pursuant to section eleven hundred  twenty-two
of  this  title,  the  enforcing  officer  shall  file  a  copy  of  the
certificate with the county clerk within  ten  business  days  from  the
issuance  of  the  certificate.  The  county  clerk  shall note the word
"reinstated"  and  the  date  of  the  filing  of  the  certificate   of
reinstatement opposite the description of such parcel on the list.
(d)  The  enforcing  officer  shall  file  a  petition  of foreclosure
pertaining to the affected parcel as soon thereafter as is  practicable.
In  no  event,  however,  shall  such  petition  be  filed  sooner  than
twenty-one months after lien date, or, in the case of property which  is
subject  to  a  three  or  four  year  redemption  period,  sooner  than
thirty-three or forty-five months after lien date, respectively.
5. Supplementary proceedings. After a foreclosure proceeding has  been
withdrawn,   the   enforcing  officer  shall  commence  a  supplementary
proceeding to collect the delinquent taxes in  the  manner  provided  by
section  nine hundred ninety of this chapter if (a) he or she determines
that doing so would be an effective means to enforce collection  of  the
delinquent  tax,  or (b) the governing body of the tax district adopts a
resolution  directing  the  enforcing  officer  to   commence   such   a
proceeding.  Such a proceeding may be commenced within one year from the
issuance of a certificate of withdrawal, notwithstanding the  fact  that
the  enforcing  officer  may  have  previously proceeded pursuant to the
provisions of this article.
6.  Cancellation.  (a)  After  a  foreclosure  proceeding   has   been
withdrawn,  the  governing  body  of  the  tax  district  may cancel the
delinquent tax lien if it determines that there is no  practical  method
to  enforce  the  collection  of  the  delinquent  tax  lien  and that a
supplementary proceeding to enforce collection of the tax would  not  be
effective.  A  copy  of the resolution directing the cancellation of the
lien shall be filed with the enforcing officer.
(b) If the parcel has been included on a list of delinquent taxes that
has been filed with the county clerk, the enforcing officer shall  issue
a  certificate  of  cancellation,  setting forth the relevant facts, and
file a copy of the same with the county clerk within ten  business  days
from  the  issuance  of the certificate. The county clerk shall note the
word "cancelled" and the date  of  the  filing  of  the  certificate  of
cancellation  opposite  the  description of such parcel on the list. The
filing of such a certificate of cancellation shall operate to cancel the
notice of pendency with respect to the parcel.
(c) A tax district shall  not  be  required  to  credit  or  otherwise
guarantee  to any municipal corporation the amount of any delinquent tax
lien which has been cancelled in the manner provided by this section. If
such a credit or guarantee shall have been given before the cancellation
of the lien, the tax district shall be entitled to charge  back  to  the
municipal corporation the amount so credited or guaranteed.
(d)  If the governing body should determine that there is no practical
method to  enforce  the  collection  of  delinquent  tax  liens  arising
thereafter  against  the  parcel, it may direct the enforcing officer to
issue a certificate  of  prospective  cancellation,  setting  forth  the
relevant  facts.  The  enforcing  officer  shall  file  a  copy  of  the
certificate with the assessor of the assessing unit in which the  parcel
is  located  and with the county director of real property tax services.
The parcel shall thereby become exempt from taxation notwithstanding any
other provision of  law.  The  parcel  shall  remain  exempt  until  the
governing  body  determines  that  the  parcel should be restored to the
taxable portion of the assessment roll, and the enforcing officer  files
a certificate of restoration, setting forth the relevant facts, with the
assessor and county director of real property tax services.