New York Rules Governing Sales; Eligibility Of Persons To Purchase A Tax Lien Or Tax Liens In A Negotiated Or Competitive Sale.
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§ 11-321.1 Rules governing sales; eligibility of persons to purchase a
tax lien or tax liens in a negotiated or competitive sale. a. The
commissioner of finance may promulgate rules governing the eligibility
of persons to purchase a tax lien or tax liens in a negotiated or
competitive sale. Such rules may provide for precertification of such
persons, including a requirement for disclosure of income, assets, and
any other financial information that the commissioner of finance deems
appropriate, and may prohibit any such person who is delinquent in the
payment of any taxes to the city of New York, or who is in default in or
on any other obligation to the city, or who has any outstanding
violations of the administrative code of the city of New York, from
purchasing a tax lien or tax liens.
b. Any person who intends to purchase a tax lien or tax liens in a
negotiated or competitive sale shall submit to the commissioner of
finance an affidavit establishing compliance with the applicable
eligibility criteria and including any other information required by the
commissioner of finance. No such person who fails to submit such
affidavit shall be permitted to purchase a tax lien or tax liens. Any
such person who willfully submits a false or misleading affidavit
pursuant to this section shall forfeit any tax lien or tax liens
purchased by him or her at a sale for which the affidavit was submitted,
shall be liable for payment of the full purchase price of the tax lien
or tax liens, shall forfeit any deposit paid, and shall be disqualified
from bidding or participating in any tax lien sale in the city for a
period of five years.
c. No sale of a tax lien or tax liens shall be made to any person
identified pursuant to section 11-309 of this chapter as having an
interest in the property which is the subject of the tax lien or tax
liens, or to any owner of record as shown on the real property records
of the office of the city register in any borough or in the office of
the Richmond county clerk. Any such person or owner of record who
purchases such tax lien or tax liens shall forfeit such tax lien or tax
liens and shall be liable for payment of the full purchase price of the
tax lien or tax liens and shall not be entitled to a refund of any
amounts paid by such person or owner of record.
d. No person who purchases a tax lien or tax liens in a negotiated or
competitive sale shall assign or transfer a tax lien certificate or tax
lien certificates for such tax lien or tax liens to any person
identified pursuant to section 11-309 of this chapter as having an
interest in the property which is the subject of such tax lien
certificate or tax lien certificates, or to any owner of record of
property which is the subject of such tax lien certificate or tax lien
certificates. Any such person who knowingly or negligently transfers or
assigns such tax lien certificate or tax lien certificates to such
person or owner of record shall be liable for payment of the full
purchase price of the tax lien or tax liens and shall not be entitled to
a refund of any amounts paid and such tax lien certificate or tax lien
certificates shall be deemed void and the tax lien or tax liens sold
under such certificate or such certificates shall revert to the city as
if no sale of such tax lien or tax liens had occurred.