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First Appellate Decision Addressing the Computation After Default of a Delinquent Tax Installment Agreement

In a tax foreclosure proceeding based upon the alleged default of the respondent in making installment payments on the taxes owed, the Third Department, in finding County Court had not correctly determined the redemption amount correctly, explained, in a full-fledged opinion by Justice McCarthy,  how the calculation should be made:

We begin with the statutory requirements for installment agreements, as relevant to a default. RPTL 1184 (6) calls for amortization of interest over the period of the agreement and says that each installment payment is due on the last day of the month. RPTL 1184 (7) refers to RPTL 924-a for the applicable interest rate, which here is 12% per annum or 1% per month (see RPTL 924-a [1], [2]). Pursuant to RPTL 1184 (7), “[i]f an installment is not paid” by its due date, “interest shall be added at the applicable rate for each month or portion thereof until paid. In addition, if an installment is not paid by the end of the fifteenth calendar day after the payment due date, a late charge of [5%] of the overdue payment shall be added.” In the event of a default, the taxing authority has “the right to require the entire unpaid balance, with interest and late charges, to be paid in full” (RPTL 1184 [8] [b]), and can also go forward with foreclosure or enforce the collection of the delinquent tax lien pursuant to any other applicable law (see RPTL 1184 [8] [b]). * * *

We start by explaining how to calculate “the entire unpaid balance.” Although the statute may be complex, we find that its language is unambiguous and, therefore, we must give effect to its plain meaning … . Respondent acknowledges that it failed to pay the September, October and November 2011 installment payments. The “entire unpaid balance” must be figured as of the date that petitioner demanded that the balance be paid in full (or accelerated it), which occurred here after the September installment payment was overdue. When that payment was not paid by its due date, 1% interest should have begun to accrue (see RPTL 1184 [7])[FN3]. The statute calls for interest to be added if “an installment” is not paid, so this interest should be calculated on the overdue September installment payment. In addition, a 5% late charge should have been added for the September installment payment because that payment was overdue by more than 15 days (see RPTL 1184 [7] [imposing late charge of 5% “of the overdue payment”]). So the amount owed as of the date of acceleration, but before acceleration occurred, included the amount of the September installment payment, plus 1% interest on that installment payment amount from the day after the September payment was due until the date of acceleration, plus 5% of the September installment payment amount as a late charge. Adding that sum of September’s payment, interest and late charge to the remaining unpaid principal as of the date of acceleration (covering what would have been the October and November installment payments, but not including the amortized interest for those months as those payments were not yet due under the agreement) will produce “the entire unpaid balance.”

From the time that the balance was demanded (or accelerated), 1% interest per month is due on that amount until the property was redeemed. Although interest is still calculated at 1%, this interest rate is not determined under the statutory provisions dealing with interest on installment agreement payments (see RPTL 1184 [6], [7]), but is determined under the default provision of RPTL 1184 (8) (b) that allows petitioner to enforce the collection of the delinquent tax lien pursuant to any other applicable law (i.e., RPTL 924-a, which addresses interest on tax delinquencies).  Matter of County of Ulster…, 2014 NY Slip Op 05398, 3rd Dept 7-17-14

 

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