Steven Getman: real property

Showing posts with label real property. Show all posts

Monday, July 14, 2025

Schuyler County announces change in tax foreclosure filing date(s) and help for property owners.

Schuyler County Officials are notifying all persons owing back property taxes of a significant change in New York State’s filing date for counties to commence real property tax foreclosures. They also want delinquent property owners to know that there may be options to avoid foreclosure, including installment agreements and legal assistance.

According to Schuyler County Treasurer Holley Sokolowski and Schuyler County Attorney Steven Getman, the date for filing Notices and Petitions in Schuyler County tax foreclosure cases has been changed from November to July, due to changes in New York State Real Property Tax Law.

“This change affects property owners with outstanding tax obligations in Schuyler County,” Sokolowski said. “Under the revised schedule, tax foreclosures for unpaid property taxes, including town, county and school taxes, will now be filed and served in July of each year, rather than the previous November date.”

“Property owners with delinquent taxes are urged to act promptly to avoid additional penalties, interest, or even loss of your real property. We want to avoid people losing their homes whenever possible.”

According to Getman, the change was signed into law in 2024 by Gov. Kathy Hochul. He stressed that the change will not affect property owners who have paid their taxes, but only those properties where taxes are unpaid for at least eighteen months.

“We encourage all delinquent property owners to review their tax status and make payments as soon as possible to avoid further financial penalties or loss of their homes,” said Getman. “Schuyler County is committed to assisting residents in navigating this change and ensuring compliance with the new deadline.”

Sokolowski agreed, stating “the Treasurer’s Office is here to support residents in maintaining compliance and protecting their property.”

Sokolowski said her office offers several options to assist eligible property owners facing challenges in paying delinquent taxes:

Installment Agreements: Property owners may contact the Schuyler County Treasurer’s Office to explore monthly installment agreements, which can divide tax payments into manageable amounts, particularly for those on fixed incomes.
Redemption Period: Property owners can redeem their property by paying all delinquent taxes, interest, and fees before the expiration of the redemption period, which is typically February of the following year.
Surplus Funds: In the event of a tax foreclosure sale, property owners may be eligible to claim surplus funds.

According to Getman, for property owners needing legal guidance to address delinquent taxes or potential foreclosure proceedings, the following resources are available:

Legal Assistance of Western New York, Inc.: Provides free legal aid for eligible low-income residents in Schuyler County in certain cases. Visit www.lawny.org for more information.

New York State Courts Electronic Filing System (NYSCEF): For those involved in foreclosure proceedings, legal documents can be accessed and filed electronically. Visit http://www.nycourts.gov/efile-unrepresented for details.

Local Attorney Consultation: Property owners with back taxes are encouraged to consult with a qualified attorney to explore options such as filing an answer to the petition or negotiating payment plans. Property owners may contact the New York State Bar Association Lawyer Referral Service (1-800-342-3661) to locate a qualified local attorney.

“It's the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes," Getman said. “We do not want anyone surprised by this change in New York State law.”

As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.

Monday, January 20, 2025

Schuyler County solar development on farmland class to be held January 23

Solar development on farmland class to be held in Montour Falls (WETM-TV):

Schuyler County farmers and landowners are invited to an upcoming workshop to learn more about solar development on agricultural lands.
Schuyler County Cornell Cooperative Extension (CCE) and Schuyler County Farm Bureau are hosting a workshop to address critical issues around solar development as it becomes more common for solar panels to be installed on agricultural lands in the Finger Lakes Region. The workshop will educate farmers and landowners about the important issues and teach them the things
they should know before leasing land to solar companies.
****
The workshop, which is called “Solar & Ag in Schuyler County: What you need to know,” will start at 9:30 a.m. on Thursday, Jan. 23, and should end by 2:30 p.m. It will take place in the Human Services Complex, located at 323 Owego St. in Montour Falls. Registration is required, and there’s a $15 fee to join. The fee will include lunch.

For more information on factors to consider when leasing land for solar power, see below:

Leasing your land for solar... by Steven Getman

Monday, November 11, 2024

Schuyler County Real Property Tax Law Foreclosure. Notice of Petition and Petition, Index No. e2023-0180

FILED: SCHUYLER COUNTY CLERK 11/04/2024 09:00 AM, INDEX NO. e2023-0180, NYSCEF DOC. NO. 10, RECEIVED NYSCEF: 11/04/2023:

NOTICE OF FORECLOSURE: Please take notice that on the date and time set forth above (See, “Filed: Schuyler County Clerk,” above), the Treasurer, County of Schuyler (the “Enforcing Officer”) of the County of Schuyler (the “Tax District”), pursuant to law filed with the Clerk of Schuyler County a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: [see exhibits A-G, inclusive, annexed hereto and made a part hereof].

1. Effect of Filing: All persons having or claiming to have an interest in the real property described in such petition are hereby notified that the filing of such petition constitutes the commencement by the Tax District of a proceeding in the court specified in the caption above to foreclose each of the tax liens therein described by a foreclosure proceeding in rem.

2. Nature of Proceeding: Such proceeding is brought against the real property only and is to foreclose the tax liens described in such petition. No personal judgment will be entered herein for such taxes or other legal charges or any part thereof.

3. Persons Affected: This notice is directed to all persons owning or having or claiming to have an interest in the real property described in such petition. Such persons are hereby notified further that a duplicate of such petition has been filed in the office of the Enforcing Officer of the Tax District and will remain open for public inspection up to and including the date specified below as the last day for redemption.

4. Right of Redemption: Any person having or claiming to have an interest in any such real property and the legal right thereto may on or before said date redeem the same by paying the amount of all such unpaid tax liens thereon, including all interest and penalties and other legal charges which are included in the lien against such real property, computed to and including the date of redemption. Such payments shall be made to: Holley Sokolowski, Treasurer, County of Schuyler, 105 Ninth St, Unit 17, Watkins Glen, NY 14891. In the event that such taxes are paid by a person other than the record owner of such real property, the person so paying shall be entitled to have the tax liens affected thereby satisfied of record.

5. Last Day for Redemption: The last day for redemption is hereby fixed as Friday, May 30, 2025.

6. Service of Answer: Every person having any right, title or interest in or lien upon any parcel of real property described in such petition may serve a duly verified answer upon the attorney for the Tax District setting forth in detail the nature and amount of his or her interest and any defense or objection to the foreclosure. Such answer must be filed in the office of the County Clerk and served upon the attorney for the Tax District on or before the date above mentioned as the last day for redemption.

7. Failure to Redeem or Answer: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall be forever barred and foreclosed of all his or her right, title and interest and equity of redemption in and to the parcel described in such petition and a judgment in foreclosure may be taken by default.

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Monday, May 27, 2024

Schuyler County officials warn: Beware scams when challenging property taxes.

Schuyler County officials are warning property owners to beware of scams in which companies or individuals charge fees to dispute your property assessment or offer to appear in court for you without being licensed lawyers. In many cases, you can challenge your property assessment on your own, free of charge.

According to Real Property Tax Office Director Kelly Anderson, some property owners in Schuyler County are receiving a flier regarding a fee-based service to have their property’s taxable value reduced. The flier tells homeowners they must appeal “immediately” and offers to appear before the board of assessment review and in state court on the owners’ behalf. The flier does not fully explain the services, or the fees involved, yet it contains a signature line for property owners to indicate they have hired this company or individual.

“I am concerned about the potential for scamming the public and creating additional confusion. I have had a few very confused people come to my office who signed the solicitation letter believing that they are filing the proper paperwork to grieve their assessment,” Anderson said. “This is not the correct legal document for that purpose, nor does it protect their right to challenge their property assessment.”

According to Anderson, while a property owner may authorize another person or company to grieve their assessment, this process is something you can do for yourself for free by completing the New York State “Complaint on Real Property Assessment Form” (RP-524) and filing it on or before your town’s grievance day. Property owners are encouraged to contact her office or look online at the office’s official website for additional information.

According to Schuyler County Attorney Steven Getman, homeowners who believe they need legal assistance appealing their tax assessments should contact a local attorney or the New York State Bar Association Lawyer Referral Service: 1 (800) 342-3661.

“New York State law prohibits non-lawyers from practicing law, and unauthorized practice may be a crime,” Getman said. “This may include impersonating an attorney or offering legal services under a title other than attorney or lawyer.”

According to Schuyler County Chief Assistant District Attorney Jeremy Hourihan, anyone who believes they may have been the victim of fraud is encouraged to report complaints to their local law enforcement agencies or to the Schuyler County District Attorney’s office.

“Stressful and uncertain situations create opportunities for scammers to take advantage of vulnerable populations,” Hourihan said. “If you believe that you have been taken advantage of, or are a victim of fraud, please contact law enforcement immediately. Prompt reporting might save yourself or another taxpayer from a scam.”

Monday, December 18, 2023

Schuyler County Tax Foreclosure. Notice of Petition and Petition. Index No. e2022-0132

NOTICE OF FORECLOSURE:

Please take notice that on 2nd November, 2023, the Treasurer, County of Schuyler (the “Enforcing Officer”) of the County of Schuyler (the “Tax District”), pursuant to law filed with the Clerk of Schuyler County a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: [see exhibits A, B, C, D, E, and F, annexed hereto and made a part hereof]

5. Last Day for Redemption: The last day for redemption is hereby fixed as February 29, 2024.

NOTICE AND PETITION OF FORECLOSURE by Steven Getman on Scribd

Monday, August 21, 2023

SCHUYLER COUNTY GIVES TAX-FORECLOSED PROPERTY OWNERS ANOTHER CHANCE.

Schuyler County’s annual property tax auction is scheduled to begin Monday, October 2. However, county officials are giving foreclosed property owners one last chance to avoid the loss of their land.

On Monday (August 14), the Schuyler County Legislature voted to allow former owners who lost their properties in this year’s foreclosure to submit offers to County Treasurer Holley Sokolowski to buy back the land. If accepted, County Attorney Steven Getman is authorized to prepare a deed to the former owner, returning the property.

The offer must be accompanied by payment of “the full amount of taxes, penalties, interest and other county expenses involved with the property,” the legislature held.

Offers can be accepted up to two weeks prior to the auction, or September 18, Sokolowski said.

“After the deadline, any remaining properties will be sold to the highest bidder at the county’s tax auction,” she explained.

Prior to the deadline, the county provides written notice of the buyback option to the former owners, Getman noted.

“The notice reminds them of the foreclosure and provides a way to avoid the sale,” Getman said. “Notices are sent by mail and, in addition, copies of the court’s foreclosure judgment are served on the properties by the sheriff’s department.”

The foreclosure order transferring ownership of each property to Schuyler County was entered by the New York State Supreme Court on June 27, Getman said.

The August 14 resolution is the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes, Sokolowski said.

According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year. Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties. The notice warns that failure to pay the back taxes can result in a court order foreclosing on the property.

The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes, she said.

In addition, though not required by law, in February, Sokolowski and Getman sent letters, with handwritten notes on the envelopes, to property owners who still had not paid their back taxes, in an effort to prevent foreclosure.

“That cut the delinquent list by more than half,” Sokolowski said. “A lot of people came in and paid when they got the letters.”

Finally, property owners were invited to attend an online conference with state-appointed court attorney/referee, to discuss settlement options with county officials.

Only after each of those steps occurred, Getman explained, did the court enter a judgment foreclosing on the property.

Under the law, after the foreclosure order, the county conducts a tax auction in order to satisfy delinquent property taxes, Getman said. At the auction, the property will go to the highest bidder. The successful bidder must pay the taxes due with any other lawful charges and fees and, is given a quitclaim deed to the property. Sale proceeds are then used to make the county whole for missed taxes, he explained.

“Pursuant to a recent U.S. Supreme Court decision, any surplus funds obtained as a result of the sale will be held in escrow, pending a determination of claims to those funds, above and beyond the county’s costs,” Getman said.

The properties to be auctioned will be posted on the county's website and in pamphlets available at the treasurer's office, Sokolowski said.

As County Treasurer, Sokolowski is the fiscal officer of county government and enforcement officer for unpaid property tax liens.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.

The current chair of the Schuyler County Legislature is Carl Blowers. The resolution to allow the buy-back was introduced by the county’s “management and finance” committee, chaired by legislator Phil Barnes.

For more details on the buyback program, the tax auction and other aspects of the foreclosure process, interested persons can contact the county treasurer (607-535-8181) or visit the county’s website.

Monday, April 24, 2023

County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

“Reports have surfaced this month of a company soliciting property owners in the area offering to buy vacant land for cash,” Philbin said. “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time. The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

County Attorney Steven Getman,
County Clerk Theresa Philbin

While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract. That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing.

“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained. “That could include mortgages, property taxes or even electric, water and sewer bills. If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

In another case, Getman noted, the offer required to seller to convey to the buyer all personal property located on the land.

“That could include items such as expensive appliances, motor vehicles or even items of sentimental value,” Getman said.

Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

Never sign anything until you are sure you want to move forward
Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.
Find out the fair market value of your home before you agree to a price.
Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

Monday, February 13, 2023

Schuyler officials taking extra steps to help property owners avoid tax foreclosure.

Over the next few weeks, some tax delinquent Schuyler County residents will be getting a personal letter from County Treasurer Holley Sokolowski and County Attorney Steven Getman.

The message is polite and to the point: Please pay your back property taxes before February 28.

That’s the date after which, if taxes are not paid, a Schuyler County Court Judge may enter a judgment ordering the property seized and sold at public auction.

In an attempt to prevent that, Sokolowski and Getman are sending the letters, with handwritten notes on the envelopes, to approximately eighty property owners who still haven’t paid their back taxes.

“The letter reminds them of the deadline and provides options to avoid the foreclosure,” Sokolowski said. “Eligible property owners can pay the full amount due or arrange for an installment agreement.”

“It's the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes," Sokolowski said.

The letters also mention some of the services county tax dollars support, including law enforcement, public health, roads and bridges and social services.

The letters are based on research that found people are more likely to respond to personal letters and handwritten notes than to form documents, Getman said.

“A form letter may look like junk mail and get tossed,” Getman explained. “Handwriting shows the letter deserves more attention and sends a message that this is important.”

The letters are only the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes.

“The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes,” she noted.

Only after each of those steps occurs, Getman explained, does the court enter a judgment foreclosing on the property.

After the court issues the foreclosure, the properties, if unredeemed, are sold at a public auction.

“The law requires the county to take every step to enforce the property tax laws and ensure that everyone pays their fair share,” Getman said.

"This is really just another way to do that, above and beyond what the law requires, while making sure we're keeping people in their homes and businesses."

As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.

Monday, January 24, 2022

Schuyler County Tax Foreclosure: Judgment of Foreclosure

SUPREME COURT: STATE OF NEW YORK
COUNTY OF SCHUYLER

NOTICE OF ENTRY: Judgment of Foreclosure, Index No. 18-224

In The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler.

PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of the Judgment of Foreclosure dated January 20, 2022 that was entered in the office of the Clerk of the County of Schuyler on January 21, 2022.

Schuyler County RPTL Art 11 Judgment of Foreclosure 2022 01 20 by Steven Getman on Scribd

Monday, January 10, 2022

Schuyler County officials want landowners to know their rights when eying cash offers

The housing market in Schuyler County is hot. County clerk Theresa Philbin has seen a significant increase in deeds filed with her office this year, as well as a jump in property values.
“People are paying well over the assessed value for their homes at this point, and sales are happening in a matter of days,” Philbin said. “Houses go on the market and they’re sold within days.”
The county clerk said she gets why people would want to move to or vacation in Schuyler County—it’s in the Finger Lakes, near state parks and a national forest.
Land investment firms are interested in the area for all the same reasons. Many of these companies pay cash for land in mostly rural places.
****
Schuyler County attorney Steven Getman is worried residents could be taken advantage of. The purchase does not include a space to be notarized, which would make it challenging to prove the signatures of either party in the event of litigation.
“Many of these buyers are basically throwing out nets to see if they can find an owner who doesn’t understand the real value of their property, or an owner that wants to sell quickly at almost any cost,” Getman said.
He added that cash offers for land are typically 15% to 25% under the assessed value, which could cost landowners thousands.
Terms of the agreement also require the landowner to clear all liens before selling. Getman said that may put people already strapped for cash into debt.
While unsolicited offers like this are legal, Getman warned they shouldn’t be signed without consulting a lawyer.
“The goal here is to understand your rights,” he said. “Talk to an attorney before you sign anything.”

Friday, November 26, 2021

Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

• Never sign anything until you are sure you want to move forward.
• Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
• Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
• Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.
• Find out the fair market value of your home before you agree to a price.
• Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
• If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

Friday, November 5, 2021

NOTICE AND PETITION OF FORECLOSURE: COUNTY OF SCHUYLER, STATE OF NEW YORK

Please take notice that on the 2d day of November, 2021, the Treasurer, County of Schuyler (the “Enforcing Officer”) of the County of Schuyler (the “Tax District”), pursuant to law filed with the Clerk of Schuyler County a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: [see exhibits A, B and C, annexed hereto and made a part hereof]

5. Last Day for Redemption: The last day for redemption is hereby fixed as February 28, 2022.

Notice and Petition: Schuyl... by Steven Getman

Monday, July 19, 2021

Leasing your land for solar power? Know your rights before you sign.

Solar power can offer New Yorkers many potential benefits, including saving money through reduced electricity bills, creating stability during periods of electric rate changes and contributing to a cleaner and healthier community by reducing our carbon footprint. With more and more state residents considering solar power, a number of private companies are looking to develop and initiate construction of new solar projects across the state, including in Schuyler County.

Recently, a number of Schuyler County landowners have reported receiving proposals from one or more energy firms, seeking land for solar facility development. These proposals offer landowners money for an option to lease or purchase land to develop, build and operate a solar power generation and storage facility on the premises. Payments may include an option signing bonus, annual option payments and potential annual lease payments. In some cases, payments may net landowners thousands of dollars.

While the terms of these options may seem very attractive, these agreements are legal documents with potential long-term implications, potentially both positive and negative. Therefore, you should proceed carefully before signing them.

For more information, click here.

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Tuesday, July 30, 2019

Changes to New York's landlord-tenant law

Some of the biggest changes are:

• If a tenant is ordered evicted, instead of 72 hours, the court order must give the tenant 14 days.
• If the tenant can pay up, in full, at any time during the eviction process, the landlord has to accept.
• Landlords who unlawfully evict tenants can now be fined and charged with a misdemeanor.
• Landlords cannot use a tenant’s history of evictions or judgments from landlords to refuse to rent to them.
• Landlords have to give written notice when they start eviction proceedings. They cannot start court proceedings for at least 10 days after the tenant is served.
• If the tenant shows up to court and asks for an adjournment, the judge has to grant it and the minimum is two weeks.

For more on the new laws, click here.