Bill Text: NY S06431 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2016-03-07 - referred to real property taxation [S06431 Detail]

Download: New_York-2015-S06431-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6431
                    IN SENATE
                                    January 13, 2016
                                       ___________
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the real property tax law, in relation to the redemption
          of multiple liens on farm property
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 2 of section 1112 of the  real  property
     2  tax  law,  as amended by chapter 532 of the laws of 1994, are amended to
     3  read as follows:
     4    1.  When a tax district holds more than one tax lien against a parcel,
     5  the liens need not be redeemed simultaneously.  (a) However,  the  liens
     6  on  a  parcel,  which  is not farm property, must be redeemed in reverse
     7  chronological order, so that the lien with the most recent lien date  is
     8  redeemed  first,  and  the  lien with the earliest lien date is redeemed
     9  last. Notwithstanding the redemption of one or more of the liens against
    10  such a parcel as provided [herein]  in  this  article,  the  enforcement
    11  process  shall  proceed  according  to the provisions of this article as
    12  long as the earliest lien remains unredeemed.
    13    (b) However, in the case of liens against a parcel, that is farm prop-
    14  erty, the liens must be redeemed in chronological  order,  so  that  the
    15  lien  with  the  earliest lien date is redeemed first, and the lien with
    16  the most recent lien date is redeemed last. Notwithstanding the  redemp-
    17  tion  of one or more of the liens against a parcel that is farm property
    18  as provided in this  article,  the  enforcement  process  shall  proceed
    19  according  to  the provisions of this article as long as the most recent
    20  lien remains unredeemed.
    21    2. (a) When one or more liens against a parcel, that is not farm prop-
    22  erty, are redeemed as provided [herein] in this article, but the  earli-
    23  est  lien remains unredeemed, the receipt issued to the person redeeming
    24  shall include a statement in substantially the following  form:    "This
    25  parcel  remains subject to one or more delinquent tax liens. The payment
    26  you have made will not postpone the enforcement of the outstanding  lien
    27  or liens. Continued failure to pay the entire amount owed will result in
    28  the loss of the property."
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13504-01-6