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Tax lien investing 2015 calendar

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The first tax lien was not paid off and is the subject of this action. This MNR deed was recorded on July 23, Exhibit C to plaintiff's moving papers on the prior motion, annexed as Exhibit B to the opposition papers herein. Plaintiff commenced this action seeking to extinguish all right, title and interest of the defendants to the premises.

Summary judgment may only be granted "when it has been clearly ascertained that there is no triable issue of fact outstanding;" it is "a highly useful device for expediting the just disposition of a legal dispute for all parties and conserving already overburdened judicial resources Matter of Suffolk County Dept of Social Servs. James M, 83 NY2d , []. The movant must establish its defense or cause of action sufficiently to warrant a court's directing judgment in its favor as a matter of law Gilbert Frank Corp.

Federal Ins. City of New York, 49 NY2d , []. Once this showing has been made, the burden shifts to the opponent to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact that require a trial Giuffrida v. Citibank Corp. Prospect Hosp.

Fleming, 41 AD3d , [1st Dept. Blood, NY , []; Booth v. Ameriquest Mortg. Golabi Holdings, LLC. McDonnell, AD2d , [2d Dept. Further, the interest of a good faith purchaser for value from the record owner trumps the interest of a party claiming under an unrecorded tax deed, where the subsequent purchaser records its deed first Doyle v. Lazarro, 33 AD2d [3d Dept. Wood, 76 AD2d [3rd Dept. The facts herein are not in dispute. It is the legal consequence of the facts about which the parties disagree.

Merrick moves for summary judgment on two alternative grounds: 1 that it is a good faith purchaser for value, and because its deed is recorded before the recording of the Treasurer's Deed its interest in the premises is superior to plaintiff's; 2 that the Treasurer's Deed is void for failing to properly describe the property conveyed by the Village pursuant to that deed.

The recording acts charge the purchaser with notice only of matters in the record and matters outside the chain of title do not constitute notice Doyle, supra at ; Aiello supra. Under these circumstances, Merrick won the race to record. The Court must now consider the other requirements for good faith purchaser status. Merrick also submits an affidavit of Charles Peknic, Merrick's closing attorney for the purchase of the subject property.

Peknic insists that neither he, nor anyone on behalf of Merrick was aware of the unrecorded Treasurer's Deed. The last deeds of record showed that Granado was the sole owner, and because Granado had failed to pay real estate taxes for several years, there were many tax liens against the property which were paid off at the closing. On this record, Merrick has made out a prima facie case that it is a subsequent good faith purchaser for value, protected by the recording statutes.

The burden now shifts to plaintiff to raise a triable issue of fact. In opposition, plaintiff makes various arguments. First, it argues that Merrick is charged with the knowledge that real estate taxes are regularly levied. Merrick was well aware of the many tax liens against the property, but simply had no notice of the Treasurer's Deed. Plaintiff's claim that the Treasurer's Deed divested Granado of all interest in the premises fails to take into account the recording statutes.

Plaintiff's contention that it did not sit back and watch Merrick make improvements is not supported by evidence of letters to Merrick dated after the commencement of this action Exhibit E to the opposition papers. Plaintiff's managing agent, David Weinstein, testifies that Merrick's title report would have revealed that the subject property was subject to the tax lien on which the Treasurer's Deed is based.

The question presented is whether this allegation raises an issue of fact that put Merrick "on inquiry" as to the existence of the Treasurer's Deed. In its reply papers, Merrick annexes the title report for the subject premises Exhibit EE showing the tax lien underlying the Treasurer's Deed and the closing attorney's reply affidavit.

Tax lien records do not constitute notice of a tax sale conveyance Doyle, supra at ; Aiello, supra. In Doyle, a subsequent purchaser from the record owner who recorded first did not have sufficient notice of an unrecorded tax deed to defeat his good faith purchaser status. Since a tax lien precedes a tax deed, the subsequent purchaser from the record owner who recorded first in Doyle was not put on notice of the unrecorded tax deed by the underlying tax lien. The same result applies here.

Merrick's notice of the underlying tax lien does not constitute notice of the Treasurer's Deed. Consequently, the evidence in the record of the tax lien held by MNR does not suffice to put Merrick "on inquiry" as to the Treasurer's Deed. Following Doyle, Merrick has established its good faith purchaser status, and its priority over both the Treasurer's Deed and the MNR deed to plaintiff, because it won the race to record.

In the interest of a complete record, the Court will consider Merrick's alternative ground for summary judgment. Merrick argues that the Treasurer's Deed is void because it only identified and purported to convey Lot Merrick argues that since Lot is only a sliver of the total parcel, and cannot be separated from Lots and , the Treasurer's Deed is unenforceable. Use this table to understand the rules that apply to your property. To keep your property out of the lien sale, you must take one of the following actions by December 16, The Department of Finance and the Department of Housing Preservation and Development HPD hold outreach events in every borough to provide owners with one-on-one assistance with lien sale questions and issues.

To receive information by email about lien sale outreach events, click here. Payment agreements are available whether or not your property has been noticed for a tax lien sale. Any property owner who is interested in paying their property taxes in installments may apply.

If your property has been noticed for a lien sale, entering into a payment agreement or bringing an existing payment agreement up to date will remove your property from the lien sale list. Use our payment agreement estimator to help you estimate what you will owe for each installment. Scan and upload your completed form at our Customer Self-Service Center. The NYC Department of Finance recognizes that an unexpected event or hardship may make it difficult for you to pay your property taxes.

The Property Tax and Interest Deferral program removes properties from the tax lien sale once an application is complete. If you did not file a federal or state tax return last year, you will also need to submit the PT AID income worksheet. If you have defaulted on a property tax payment agreement, you may be eligible to file an Extenuating Circumstances Payment Plan Reinstatement Request.

When we publish the day lien sale notice, some homeowners receive loan offers they did not request. Be careful if you receive a loan offer after the list is published. The offer may not be in your best interest. Dishonest lenders know that if your property is on the lien sale list, you owe the City money.

These lenders try to take advantage of your financial situation, and you could lose your property. Be sure to research all lenders, seek guidance from independent sources, and be careful. Do not risk losing your home to a predatory lender if you cannot pay back the money you borrow.

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Smith college financial aid office MNR and plaintiff are related entities. The movant must establish its defense or cause of action sufficiently to warrant a court's directing judgment in its favor as a matter of law Gilbert Frank Corp. Dishonest lenders know that if your property is on the lien sale list, you owe the City money. James M, 83 NY2d[]. The last deeds of record showed that Granado was the sole owner, and because Granado had failed to pay real estate taxes for several years, there were many tax liens against the property which were paid off at the closing.
Download forex tester for free Tax lien records do not constitute notice of a tax sale conveyance Doyle, supra at ; Aiello, supra. Virtual Lien Sale Information Events. Plaintiff commenced this action seeking to extinguish all right, title and interest of the defendants to the premises. Payment agreements are available whether or not your property has been noticed for a tax lien sale. Lake George Land Conservancy, Inc.
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