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Statutory Notice Requirements for Tax Foreclosure Me

The Third Department determined the tax foreclosure proceedings were valid.  The motion to reopen the default judgment was untimely and the statutory notice requirements were met:

A motion to reopen a default judgment of tax foreclosure ‘may not be brought later than one month after entry of the judgment'” … . Significantly, “‘the statute of limitations set forth in RPTL 1131 applies even where, as here, the property owner asserts that he or she was not notified of the foreclosure proceeding'”… .

…[W]e reject respondent’s contention that the statute of limitations period for its motion to vacate never commenced running because petitioner failed to comply with the notice requirements of RPTL 1125. Pursuant to RPTL 1125 (1) (b) (i), notice of a foreclosure proceeding shall be sent to a party entitled to notice by certified mail and first class mail and “notice shall be deemed received unless both the certified mailing and the ordinary first class mailing are returned by the United States postal service within [45] days after being mailed” … . Further, where one of the notices is not returned within the requisite period, a petitioner is “‘not obligated to take additional steps to notify [the] respondent of the foreclosure proceeding'” … . Here, the first class mailing sent to respondent in October 2011 was never returned to petitioner. Additionally, although the November 2011 first class and certified mailings were both returned, that did not occur within 45 days; they were returned more than 100 days after being mailed. As a result, the mailings were deemed received and petitioner’s obligation to provide notice under the statute was satisfied … . Matter of County of Clinton, 2014 NY Slip Op 02486, 3rd Dept 4-10-14

 

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