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What is NYC AC § 11-404?

Quick Answer

This section outlines the process for foreclosure by action in rem for unpaid tax liens that have been due for at least one year. It specifies exceptions for certain properties, including residential condominiums and cooperatives, which require a three-year period of non-payment before foreclosure. Applies to property owners with outstanding tax liens.

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

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§ 11-404 Foreclosure by action in rem.

AC § 11-404

a. Whenever it shall appear that a tax lien or tax liens has or have been due and unpaid for a period of at least one year from the date on which the tax, assessment or other legal charge represented thereby became a lien, such tax lien or tax liens, except as provided in subdivision b of this section or otherwise provided by this chapter, may be summarily foreclosed in the manner provided in this chapter, notwithstanding the provisions of any general, special or local law and notwithstanding any omission to hold a sale of a tax lien or tax liens prior to such foreclosure. A bill of arrears or any other instrument evidencing such tax lien or tax liens shall be evidence of the fact that the tax lien or tax liens represented thereby has not or have not been paid to the city or sold by it. b. A tax lien on any class one property or any class two property that is a residential condominium or residential cooperative, as such classes of property are defined in subdivision one of section eighteen hundred two of the real property tax law, and on any multiple dwelling owned by a company organized pursuant to article XI of the private housing finance law with the consent and approval of the department of housing preservation and development, shall not be foreclosed in the manner provided in this chapter until such tax lien has been due and unpaid for a period of at least three years from the date on which the tax, assessment or other legal charge represented thereby became a lien. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/037.

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