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What is NYC AC § 11-336?

Quick Answer

This section establishes that a tax lien certificate, when produced as evidence, serves as presumptive proof of the validity and enforceability of the lien it represents. It outlines the requirements for challenging the validity of a tax lien or certificate. Applies to parties involved in tax lien foreclosure actions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-336 Pleading tax lien certificate.

AC § 11-336

Whenever a cause of action, defense or counterclaim, is for the foreclosure of a tax lien, or is in any manner founded upon a tax lien or a tax lien certificate, the production in evidence of an instrument executed by the commissioner of finance or his or her designee in the form prescribed in section 11-328 of this chapter for a tax lien certificate subscribed by or in behalf of the commissioner of finance or his or her designee shall be presumptive evidence that the lien purported to be transferred by such an instrument was a valid and enforceable lien, and that it has been duly assigned to the purchaser, and it shall not be necessary to plead or prove any act, proceeding, notice or action, preceding the delivery of such tax lien certificate nor to establish the validity of the tax lien transferred by such tax lien certificate. If a party or person in interest in any such action or proceeding claims that a tax lien is irregular or invalid, or that there is any defect therein or that a tax lien certificate is irregular, invalid or defective, such invalidity, irregularity or defect must be specifically pleaded or set forth, and must be established affirmatively by the party or person pleading or setting forth the same.

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