New York Counties
State Auction Process in New York
New York is both a tax lien and a tax deed state. This means that there are two different ways that property can be acquired through the non-payment of property taxes.
- Tax lien: When a property owner fails to pay their property taxes, the county can place a tax lien on the property. This means that the county has a legal claim to the property until the taxes are paid. A tax lien investor can purchase the tax lien at a public auction. If the property owner does not pay the taxes and the interest that accrues on the lien, the tax lien investor can foreclose on the property and take ownership of it.
- Tax deed: If a property owner fails to pay their property taxes and the taxes are not redeemed by a tax lien investor, the county can take ownership of the property through a tax deed sale. The property is then sold at a public auction to the highest bidder. The new owner of the property will receive a tax deed, which gives them full ownership of the property.
Tax Deed Process in New York
The specific procedures for tax deed sales vary from county to county in New York. The process varies between counties and is handled by the treasurer's office. Some treasurers handle the process themselves, while others use outside vendors.
However, there are some general steps that are followed in all counties.
- Notice: The property owner will be given notice that their property is going to be sold at a tax deed auction. This notice will typically be sent by certified mail.
- Auction: The tax deed auction is typically held at the county courthouse. The auction is open to the public, and anyone can bid on the property. Auction types include live auctions, online auctions, and sealed-bid auctions.
- Bidding: The bidding starts at the amount of the delinquent taxes plus interest and fees. Bidders can bid in increments of $25. The highest bidder at the auction wins the property.
- Tax deed: The new owner of the property will receive a tax deed to the property. The tax deed is a legal document that gives the new owner clear title to the property.
The Tax Lien Process in New York
In New York, the tax lien process is the primary method used to address delinquent real estate taxes. When property owners fail to pay their taxes, a tax lien is placed on the property by the county. Here are the key steps involved in the tax lien process:
- Tax Lien Sale: Each county in New York conducts a tax lien sale to sell the unpaid tax liens on delinquent properties. Investors, including individuals and institutions, have the opportunity to purchase these tax liens.
- Tax Lien Certificate: The purchaser of a tax lien receives a tax lien certificate for the specific tax year and the amount of the lien purchased. The certificate represents the unpaid taxes, interest, and any additional fees.
- Redemption Period: The property owner has a redemption period to pay off the tax lien and reclaim their property. The redemption period in New York varies by county and can range from one to several years.
- Interest and Penalties: During the redemption period, the property owner is required to pay the outstanding tax debt along with accruing interest and penalties. The interest rate on tax liens in New York is typically set by law and can vary.
- Tax Lien Foreclosure: If the property owner fails to redeem the tax lien within the specified redemption period, the tax lien certificate holder may initiate a foreclosure proceeding. This legal process aims to acquire ownership of the property through a court-supervised auction or sale.
- Profit Potential: As a tax lien certificate holder, investors have the opportunity to earn interest on the unpaid taxes, penalties, and fees associated with the tax lien. If the property owner redeems the lien, the investor receives the invested amount plus interest. In cases where the property is not redeemed, the investor may pursue foreclosure to potentially acquire the property.
Foreclosure Process in New York
New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. If the lender wins the lawsuit, it obtains a judgment from the court, which allows the lender to sell the property at an auction. The money received from the sale is used to repay the debt.
Foreclosure Process Timeline in New York
- Delinquent: Once you miss your first mortgage payment, you will start receiving notices from the lender within 30 days, urging you to become current on your payments.
- Default: If you miss three to four consecutive mortgage payments, you are considered in default. The lender will send you a notice demanding payment of the outstanding balance. Defaulting on your mortgage can negatively impact your credit score and make it challenging to secure loans or borrow against your home.
- Loss Mitigation Options: Within 36 days of missing a payment, the lender will contact you to discuss loss mitigation options such as loan modification, forbearance, or repayment plans. If you fail to respond or resolve the matter, the lender will reach out again within another 36 days.
- Pre-Foreclosure Stage: After 90 to 120 days of missed payments, you will receive a notice of default or pre-foreclosure notice, giving you 90 days before foreclosure proceedings begin. This is the stage where you should explore alternatives to foreclosure, such as loan refinancing, loan modification, or contesting the foreclosure.
- Breach Letter: The lender must send a breach letter, notifying you that the loan has defaulted and giving you a deadline to cure the default before the loan is accelerated. The breach letter allows you an opportunity to rectify the default and avoid foreclosure.
- Lis Pendens and Lawsuit: Foreclosure proceedings begin with the filing of a “lis pendens” by the lender, indicating a pending lawsuit. The lis pendens becomes public record, and interested parties can check for its existence. The lender will notify you of the lawsuit through a “summons and complaint” notice.
- Mandatory Settlement Conference: A mandatory foreclosure settlement conference is scheduled to bring the lender and borrower together to find a resolution. Responding to the summons and complaint notice is crucial. Failure to respond may lead to the court granting the lender’s requests.
- Discontinuation of Lis Pendens: If an agreement is reached during the settlement conference, the foreclosure can be discontinued through the official discontinuation of the lis pendens. The lender has up to 150 days after the settlement conference to discontinue the foreclosure.
- 9. Foreclosure Sale: If a resolution is not reached, the foreclosure process continues, and the lender schedules an auction sale. The sale is published in a newspaper once a week for at least four consecutive weeks before the auction. The highest bidder at the auction must provide 10% of the bid price and settle the remainder within 30 days.
- Statutory Right of Redemption: After the foreclosure sale, there is no statutory right of redemption in New York. The borrower cannot repurchase the home once it is sold.
County-Specific Information
All the counties in New York have an offline auction process except Nassau County, where the auction process is held online.
Nassau County Auction
Website: https://nassau.newyorktaxsale.com/
The auction process in Nassau County, New York follows a specific procedure for the sale of properties. Here is an overview of the auction process in Nassau County:
- Notice of Sale: The County publishes a Notice of Sale, which includes information about the auction date, time, location, and properties to be sold. The Notice is published in a local newspaper and on the County’s official website.
- Pre-registration: To participate in an auction, you must register with the Nassau County Supreme Court. You can register online or by mail. Once you are registered, you will be able to bid on tax liens at the next auction.
- Auction Date and Location:. The auction process for tax liens in Nassau County is conducted by the Nassau County Supreme Court. The auctions are typically held on the first Monday of each month at 2:30 p.m. on the north side steps of the Nassau County Supreme Court in Mineola, New York.
- Auction Format: The auction is conducted as a public oral bidding process. Bidders have the opportunity to bid on the properties listed for sale. The highest bidder for each property is declared the winner.
- Bidding- The bidding starts at the amount of the delinquent taxes plus interest and fees. Bidders can bid in increments of $25.
- Successful Bidder: Once a property is sold to the highest bidder, the successful bidder is required to pay the purchase price in full within a specified time frame. Failure to complete the payment may result in the forfeiture of the deposit and the property being offered to the next highest bidder.
- Redemption Period- The property owner has a redemption period of two years to pay off the tax lien and redeem the property.
- Transfer of Ownership: After the successful bidder fulfills the payment requirements, the County will transfer ownership of the property to the buyer through a deed or certificate of sale.
It is important to note that the auction process may have additional steps and requirements specific to Nassau County. It is recommended to consult the official website of Nassau County or contact the County’s Department of Assessment for detailed information and any updates regarding the auction process.
Online Auction Resources
- Bid4Assets
- Auction.com
- Xome
- ServiceLink Auction
- Hubzu
- RealtyBid
- Tranzon Online Auctions
- HUD Homes USA
- RealAuction
- Williams Auction
- Concierge Auctions
- Bank Foreclosures Sale NY
- U.S. Treasury Auctions
- New York State Real Estate Auctions
- NYC Foreclosure Auctions
- PropertyShark NYC Foreclosures
- AA Real Estate Auctions
- LandSearch New York Auctions
- City Realty Buying Auctioned Properties NYC