§ 226-32Taking title to parcels.
§ 226-33Sale of property acquired by
§ 226-34Conveyance of subject parcels.
§ 226-35Effect on Village Law.
This article shall be referred to as the "Local Law Establishing the Policy and Procedures for the Sale of Parcels of Real Property Acquired by the Village for Delinquent Real Property Taxes in Accordance with New York State Real Property Tax Law Article 11."
The purpose of this article is to establish the policy and procedures in the Village of Monticello for the sale of parcels of real property not redeemed for delinquent real property taxes, in accordance with New York State Real Property Tax Law Article 11.
When used in this article, the following definitions apply:
- ASSESSED VALUE
- The amount of the Town's official assessed value of real property, not including exemptions, on the latest assessment roll.
- The Board of Trustees of the Village of Monticello.
- The County of Sullivan, a political subdivision of the State of New York.
- DELINQUENT TAX
- An unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property by or on behalf of a municipal corporation or special district, plus all applicable charges, relating to any parcel which is included in the return of unpaid delinquent taxes prepared pursuant to the Real Property Tax Law or such other general, special or local law.
- ENFORCING OFFICER
- The Treasurer of the Village of Monticello or its official designee.
- Any individual, group, association, partnership, corporation or other legal entity.
- The Village of Monticello, a political subdivision of the State of New York.
When the appropriate court executes a judgment pursuant to Real Property Tax Law Article 11 awarding title to one or more parcels of real property to the Village, then the Village shall take possession of any such parcel, unless:
Such parcel has been withdrawn from the proceeding; or
The Village as a matter of law is not permitted to take possession of such parcel; or
The Board of Trustees of the Village of Monticello, consistent with applicable law, determines that it would not be in the Village's interest to take title to the parcel.
Upon execution by the enforcing officer of a deed to such parcel or parcels, pursuant to Real Property Tax Law Article 11, the Village, or other named grantee, shall be seized of an estate in fee simple absolute in such parcel, and all persons, including the state, infants, incompetents, absentees and nonresidents, except as specifically exempted by law, who may otherwise have had a right, title, interest, claim, lien, or equity of redemption in or upon such parcel shall be barred and forever foreclosed of any such right, title, interest, claim, lien or equity of redemption.
The Village may hold such parcel for itself or sell or release such parcel as set forth herein.
The judgment may include a provision granting title to all personal property deemed abandoned on the realty.
Within a reasonable time after the court renders judgment in favor of the Village, granting the Village of Monticello title to one or more parcels, the Village Board shall conduct a public auction. All parcels except those parcels sold through a release of the Village's interest, pursuant to § 226-33B herein, shall be subject to a public auction. Public notice of the public auction shall be given once per week for at least three successive weeks in such newspapers published in the Village as the Board of Trustees of the Village of Monticello deems appropriate and as required by law. The description of the parcel offered for sale in such notice shall be that contained in the pleadings with such other description, if any, as the Board of Trustees of the Village of Monticello may direct.
The Board or its designee shall sell the subject parcels to the highest bidder therefor but shall reject any bid if, in its discretion, it is deemed in the best interests of the Village to do so. At the public auction, the successful bidder shall tender a deposit pursuant to the terms of sale by 5:00 p.m. on the date of the public auction. The successful bidder shall have 45 days from the date of the public auction to remit the balance thereof. The successful bidder may request an extension from the Board of Trustees of the Village of Monticello, which may grant such extension if it determines it is in the best interest of the Village to grant such extension.
The Board or its designee may, from time to time, in its discretion, hold more than one public auction during the course of the year.
After all unredeemed parcels have been offered for sale at public auction, the Board or its designee shall attempt to sell any unsold parcels at a private sale or subsequent public auction, unless the Board deems it to be in the best interests of the Village to retain one or more specific parcels.
Release of Village's interest.
Upon and after the expiration of the redemption period, the Board may, prior to the public auction, permit the previous owner of record, or other party with legal interest in the property, to purchase the parcel through a release of the Village's interest. The purchase price of such parcel shall be the total of the outstanding real property taxes, assessments, charges, interest, fees and penalties due and owing at the time of the sale; plus an additional sum totaling 10% of that total, to be paid to the Village's auctioneer if any; plus an additional sum in the amount of 5% of the full equalized assessed value of the property; plus other costs and surcharges, if any. A release of the Village's interest must be approved by a majority vote of the Village Board.
If the release of the Village's interest is made upon and after the expiration of the redemption period, and before the judgment is executed, then the Village Treasurer shall evidence the release by canceling and discharging the delinquent liens.
If the release is made after the judgment, the Village Attorney shall evidence the release of the Village's interest by preparing and submitting to the Court which executed the judgment an order discontinuing the in rem tax foreclosure action as to said property, canceling the notice of pendency of such action as to said property, and vacating and setting aside the judgment of foreclosure and the deed, if any, executed pursuant to such judgment of foreclosure as to said parcel(s). The entry of such order shall restore all parties, including owners, mortgagees, lienors, receivers, administrators and encumbrancers, to the status each held prior to the time the Village acquired judgment to said property as if the judgment had never been rendered and shall render said property liable for all taxes, deficiencies, liens, penalties, interest, and other charges which shall accrue subsequent to those paid in order to obtain the release provided for in this section, or which were, for whatever reason, omitted from the payment made to obtain such release. The deed and other documents of conveyance shall be recorded by the Sullivan Village Clerk even if executed only by a representative of the Village but not the grantee.
Prior to reacquisition, the party reacquiring the property must demonstrate written certification and documentation that all outstanding Village taxes have been paid in full.
Anything above to the contrary notwithstanding, a private sale may be authorized on a case-by-case basis by resolution of the Board upon recommendation of the Board of Trustees of the Village of Monticello. The Mayor of the Village of Monticello shall have the power to enter into an agreement with the purchaser upon such terms and conditions as he/she believes to be in the best interest of the Village, with approval by a majority vote of the Board of Trustees of the Village of Monticello.
At the time the Village receives an offer on any parcel pursuant to a private sale, the offeror shall tender a deposit of 10% of the offer price. Thereafter, upon acceptance of the offer by a majority vote of the Board, the offeror shall have 45 days from the date of said approval to remit the balance thereof. The approved offeror may request an extension from the Board of Trustees of the Village of Monticello, which shall grant such extension if it determines it is in the best interest of the Village to grant such extension.
The deposit of 10% described in this section shall be nonrefundable, except in the event the Board fails to accept the bid by a majority vote, in which event the deposit will be returned without interest.
The Board may engage the services of a properly licensed real estate broker to assist the Village with the sale of parcels.
Prior to consummation of the private sale, the party acquiring the property must demonstrate written certification and documentation that all outstanding Village taxes have been paid in full.
In addition to the sales price, the purchaser shall pay to the Village of Monticello all other lawful charges and fees.
The Village shall convey all parcels to be conveyed by the terms of this article by quitclaim deed. All sales may include a concurrent sale of the personalty acquired by the Village and authorized by the judgment. All sales shall include costs in the nature of a surcharge $20 plus a search fee and other expenses of foreclosure ($150 or more) per parcel, in the discretion of the Enforcing Officer.
The Village reserves the right to retain ownership of certain parcels or portions thereof for future public use, including, but not limited to, highway purposes.
The Village of Monticello shall not be liable for any physical condition of the property notwithstanding the Village's ownership thereof.
The Board of Trustees of the Village of Monticello shall have final approval over all transactions covered by this article.
This article shall change or supersede the Village Law of the State of New York, as the same from time to time has been or is hereafter amended, to the extent that the provisions thereof conflict with or are contrary to the provisions of this article, pursuant to the Municipal Home Rule Law § 10(l)(ii)(e)(3).