US Laws, Codes, Statutes & Cases

 
    § 11-406 Public notice of foreclosure. a. Upon the filing of a list of
  delinquent  taxes in the office of the county clerk, the commissioner of
  finance forthwith shall cause a notice of foreclosure to be published at
  least once a week for six successive  weeks  in  the  City  Record  and,
  subject  to  section ninety-one of the judiciary law, in two newspapers,
  one of which may be a law journal, to be designated by the  commissioner
  of  finance,  which  are  published in and are circulated throughout the
  county in which the affected  property  is  located.  If  there  are  no
  newspapers  published  in  such  county, the commissioner of finance may
  designate newspapers published  in  the  city  of  New  York  which  are
  circulated throughout the affected county.
    b.  Such  notice  shall  clearly  indicate  that  it  is  a  notice of
  foreclosure of tax liens; the borough or the section of  a  tax  map  or
  portion  of  a  section  of a tax map in which the properties subject to
  foreclosure are located and  where  the  area  affected  by  the  action
  includes  less than all parcels in an entire borough or section of a tax
  map or portion of a section of  a  tax  map,  the  particular  class  or
  classes  contained  therein, and by a general description which need not
  contain  measurements  and  direction;  where  and  when  the  list   of
  delinquent  taxes  was  filed;  the  general  nature  of the information
  contained  in  the  list;  that  the  filing  of  the  list  constitutes
  commencement  of  a  foreclosure action by the city in the supreme court
  for the particular county and a notice of  pendency  of  action  against
  each parcel listed; that such action is against the property only and no
  personal  judgment  will be entered; that the list will be available for
  inspection at the city collector's central office  and  at  the  borough
  office  of  the  city collector in the borough in which said property is
  located until a specified date at least ten  weeks  after  the  date  of
  first  publication;  that  until  such  date a parcel may be redeemed by
  paying all taxes and charges contained in said list of delinquent  taxes
  together with interest and penalties thereon; that during said period of
  redemption  and  for an additional period of twenty days after said last
  date for redemption any person having any interest in  or  lien  upon  a
  parcel  on the list may file with the appropriate county clerk and serve
  upon the corporation counsel a verified answer setting forth  in  detail
  the  full  name of said answering party, the nature and amount of his or
  her interest or lien and any legal defense against foreclosure; and that
  in the absence of redemption or answer a judgment of foreclosure may  be
  taken by default.
    c.  On or before the date of the first publication of such notice, the
  commissioner of finance shall cause a copy of the notice to be mailed to
  all owners, mortgagees, lienors or encumbrancers, who may be entitled to
  receive such notice by virtue of any owner's registration or in rem card
  filed in the office of the city collector pursuant to section 11-416  or
  11-417  of  this  chapter.  If such owner's registration or in rem cards
  have not been filed in the office of the city collector then said notice
  shall be mailed to the name and address, if any, appearing in the latest
  annual record of assessed valuations. The commissioner of finance  shall
  cause  to  be inserted with such notice a statement substantially in the
  following form:
    "To the party to whom the enclosed notice is addressed:  You  are  the
  presumptive  owner or lienor of one or more of the parcels mentioned and
  described in the list referred to in the  attached  notice.  Unless  the
  taxes and assessments and all other legal charges are paid, or an answer
  is  interposed;  or an arrangement is made for payment of such taxes and
  assessments and all other legal charges in installments, as provided  by
  statute,  the  ownership of said property will in due course pass to the

  city of New York as provided by the administrative code of the  city  of
  New York."
    The  failure  of the commissioner of finance to mail such notice shall
  not affect the validity of  any  proceeding  brought  pursuant  to  this
  chapter  as  to  any  parcel other than the parcel with respect to which
  notice was not mailed.
    d. The commissioner of finance shall cause a copy of such notice to be
  posted in the office of the  commissioner  of  finance,  in  the  county
  courthouse  of the county in which the property subject to such tax lien
  is situated and at three other conspicuous  places  in  the  borough  in
  which the affected properties are located.