A10978 Summary:

BILL NOA10978A
 
SAME ASSAME AS UNI. S07738-A
 
SPONSORAmedore
 
COSPNSRTedisco
 
MLTSPNSR
 
Amd SS1 & 2, Chap 100 of 2009
 
Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party.
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A10978 Actions:

BILL NOA10978A
 
05/05/2010referred to cities
06/02/2010amend (t) and recommit to cities
06/02/2010print number 10978a
06/30/2010reported referred to ways and means
07/01/2010reported referred to rules
07/01/2010reported
07/01/2010rules report cal.543
07/01/2010substituted by s7738a
 S07738 AMEND=A FARLEY
 05/05/2010REFERRED TO LOCAL GOVERNMENT
 06/02/2010AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
 06/02/2010PRINT NUMBER 7738A
 06/29/2010COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/29/2010ORDERED TO THIRD READING CAL.1346
 06/30/2010HOME RULE REQUEST
 06/30/2010PASSED SENATE
 06/30/2010DELIVERED TO ASSEMBLY
 06/30/2010referred to cities
 07/01/2010substituted for a10978a
 07/01/2010ordered to third reading rules cal.543
 07/01/2010home rule request
 07/01/2010passed assembly
 07/01/2010returned to senate
 07/19/2010DELIVERED TO GOVERNOR
 07/30/2010SIGNED CHAP.301
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A10978 Floor Votes:

There are no votes for this bill in this legislative session.
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A10978 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7738--A                                           A. 10978--A
 
                SENATE - ASSEMBLY
 
                                       May 5, 2010
                                       ___________
 
        IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        IN  ASSEMBLY -- Introduced by M. of A. AMEDORE, TEDISCO -- read once and

          referred to the Committee on  Cities  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to authorize the city of Schenectady to enter into a contract  to
          sell  some  or  all of the delinquent tax liens held by such city to a
          private party; and providing for the repeal of  such  provisions  upon
          expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any provision of any  general,  special  or
     2  local law to the contrary and until December 31, 2010, the city of Sche-
     3  nectady  may enter into a contract to sell some or all of the delinquent
     4  tax liens held by it to a private party, subject to the following condi-
     5  tions:

     6    (a) The consideration to be paid may be more or  less  than  the  face
     7  amount of the tax liens sold.
     8    (b)  Property owners shall be given at least 30 days advance notice of
     9  such sale in the same form and manner as is provided by subdivision 2 of
    10  section 1190 of the real property  tax  law.  Failure  to  provide  such
    11  notice  or the failure of the addressee to receive the same shall not in
    12  any way affect the validity of any sale of a tax lien or  tax  liens  or
    13  the  validity  of  the  taxes or interest prescribed by law with respect
    14  thereto.
    15    (c) The city of Schenectady shall set the terms and conditions of  the
    16  contract of sale.
    17    (d)  The  tax lien purchaser must 30 days prior to the commencement of
    18  any foreclosure action provide to the city  of  Schenectady  a  list  of
    19  liens  to be foreclosed. The city of Schenectady may, at its sole option
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16940-02-0

        S. 7738--A                          2                        A. 10978--A
 
     1  and discretion, repurchase a lien or liens on the foreclosure list  from
     2  the  tax lien purchaser. The repurchase price shall be the amount of the
     3  lien or liens plus any accrued interest and collection fees incurred  by
     4  the  tax  lien purchaser. The tax lien purchaser shall provide the fore-
     5  closure list to the city  of  Schenectady,  along  with  the  applicable
     6  repurchase  price of each lien, by certified mail, and the city of Sche-
     7  nectady shall have 30 days from receipt to notify the tax lien purchaser

     8  of its option to purchase one or more of the liens.    If  the  city  of
     9  Schenectady  opts  to purchase the lien, it shall provide payment within
    10  30 days of receipt of the repurchase price of said lien or  liens.    If
    11  the  city  of  Schenectady  shall  fail to opt to repurchase the lien or
    12  liens the tax lien purchaser shall have the right to commence a foreclo-
    13  sure action immediately.
    14    (e) The sale of a tax lien pursuant to this act shall not  operate  to
    15  shorten  the otherwise applicable redemption period or change the other-
    16  wise applicable interest rate.
    17    (f) Upon the expiration of the redemption period  prescribed  by  law,
    18  the  purchaser  of  a delinquent tax lien, or its successors or assigns,
    19  may foreclose the lien as in  an  action  to  foreclose  a  mortgage  as
    20  provided  in section 1194 of the real property tax law. The procedure in

    21  such action shall be the procedure prescribed by article 13 of the  real
    22  property  actions  and proceedings law for the foreclosure of mortgages.
    23  At any time following the commencement of an action to foreclose a lien,
    24  the amount required to redeem the lien, or the amount received upon sale
    25  of a property, shall include reasonable and necessary collection  costs,
    26  attorneys' fees, legal costs, allowances, and disbursements.
    27    (g)  The  provisions of title 5 of article 11 of the real property tax
    28  law shall apply so far as is practicable to a contract for the  sale  of
    29  tax liens pursuant to this act.
    30    §  2.  This  act shall take effect immediately and shall expire and be
    31  deemed repealed on and after December 31, 2012.
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