US Laws, Codes, Statutes & Cases

 
    §  11-413  Withdrawal of parcels from foreclosure. a. The commissioner
  of finance may, prior to  final  judgment,  withdraw  a  parcel  from  a
  proceeding  under  this  chapter for any of the following reasons, (1) a
  question which the commissioner deems meritorious has been raised as  to
  the  validity  of  the  tax  liens  affecting  the  parcel, (2) the city
  collector has accepted  a  payment  of  all  taxes  and  interest  which
  rendered the parcel subject to foreclosure hereunder because the records
  in the commissioner's office indicated that the principal amount of such
  taxes  was  exceeded  by  the principal amount of subsequent taxes which
  would not have rendered the parcel subject to foreclosure hereunder  and
  which  had been paid prior to the commencement of said proceeding or (3)
  in cases where the tax foreclosure action cannot be maintained such  as,
  but  not  limited  thereto,  where  the  charges which rendered a parcel
  subject to foreclosure hereunder have been cancelled or were paid before
  the commencement of the foreclosure proceeding but such payment was  not
  reported  or  did  not clear for payment until after the commencement of
  said proceeding, or where a name and address  appearing  on  an  owner's
  registration  card or an in rem card filed pursuant to section 11-416 or
  11-417 of this chapter and contained in the files of the city  collector
  did  not  appear in the mailing list used by the commissioner of finance
  for mailing notices of foreclosure in such proceeding.
    b. To effectuate such withdrawal the  commissioner  of  finance  shall
  deliver a certificate of withdrawal to the corporation counsel who shall
  file  it  in  the  office  of  the  county  clerk  in  which the list of
  delinquent taxes was filed. The filing of  such  certificate  with  such
  county clerk shall effect a discontinuance of the tax foreclosure action
  as  to  the  affected  parcel, and the county clerk shall thereupon note
  such withdrawal and discontinuance in the copy of the list of delinquent
  taxes maintained by him or her adjacent  to  the  county  clerk's  block
  index  of  notices  of pendency of action and shall cancel and discharge
  any and all notations of the filing of said list of delinquent taxes  as
  to  said parcel that may appear in any other books, records, indices and
  dockets maintained in said clerk's office.
    c. The commissioner of finance shall also deliver a duplicate original
  certificate of withdrawal to the person entitled to such withdrawal.
    d. The commissioner of finance shall recite the parcels  so  withdrawn
  and  the  reasons  for  withdrawal  in  an affidavit of regularity to be
  submitted by the commissioner in each action brought  pursuant  to  this
  chapter.
    e. The commissioner of finance shall issue a certificate of withdrawal
  whenever taxes and interest are paid, cancelled, liquidated or otherwise
  lawfully  disposed  of  as  to  any  parcel which was previously severed
  pursuant to  section  11-409  of  this  chapter  because  an  answer  or
  litigation was pending.