Medina, NY asked in Real Estate Law for New York

Q: New York: Does a foreclosure attach to a property or previous owner?

Property is going to tax sale and has current foreclosure action by way of lis pendens. I need to know how to satisfy the mortgage if I pay the taxes.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: As taxes are a senior lien, the tax sale will foreclose out the mortgage, meaning the bidder at the sale gets clean title. However, a careful review of the tax foreclosure must be made to be sure that the mortgage holder was named as a defendant in the suit.

Mitchell A. Nathanson
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Answered
  • Garden City, NY
  • Licensed in New York

A: A tax lien is a lien on the property. The purchaser at foreclosure will be in a priority position, depending upon the date of the lien.

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