County Aids In Property Foreclosure Legal Battle
Published: November 13th, 2014
By: Shawn Magrath

County aids in property foreclosure legal battle

CHENANGO COUNTY – County policy makers are aiding an outside area legal battle they say could determine how the county handles the sale of delinquent tax properties in the future.

Last month, the Chenango County Board of Supervisors unanimously adopted a resolution pledging $2,000 to Wayne County to help foot costs of litigation relating to its tax foreclosure of a delinquent tax property. The litigation has the attention of the New York State Association of Counties (NYSAC) which is claiming the outcome could threaten how each county retains and sells tax foreclosed properties.

“This has generated a lot of interest mainly because it would impact all counties,” explained Chenango County Attorney Alan Gordon.

The issue in Wayne County involves a tax foreclosed property taken by the county and sold in an auction to the highest bidder, then handed over to that bidder free and clear of outstanding fees including mortage and judgement leans. Under New York State law, such fees are severed through the process of the tax sale.

“A lot of people buy homes at a tax auction in hopes of getting a property of higher value for substantially less,” Gordon said. “If those fees existed, no one would buy.”

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