
Cornerstone guide
How New York Tax Sales Work
New York sells no tax liens to investors outside Nassau County. Counties foreclose in rem, take title, then auction property no one can redeem.
By Tax Sale Atlas Editorial, Editorial team of Tax Sale Atlas · Updated Sep 27, 2026 · 8 min read
New York is a tax deed state, and the label can mislead buyers who learned the business in other states. Across most of the state nobody sells a tax lien to an investor, and nobody auctions a tax deed on a delinquent parcel. The county keeps its own lien, sues every delinquent parcel in rem, and takes title itself. You buy later, at an auction of property the county already owns, after every redemption right is gone. The law is RPTL Article 11 (1100 to 1197), the Uniform Delinquent Tax Enforcement Act.
Three more things set New York apart: New York City runs none of this for the public, Nassau and Suffolk follow their own laws, and since 2024 any surplus goes into court for the former owner.
Start with the New York tax sales hub for county offices, or how to buy tax-foreclosed property in New York for the buyer's sequence. If the two instruments still blur together, read tax liens compared to tax deeds first.
Step 1: The tax becomes a lien on January 1
County and town taxes levied by the county legislature become a lien on January 1 of the fiscal year and stay a lien until paid, under RPTL 902. When the town or city collector's warrant expires, the collector returns unpaid taxes to the county treasurer under RPTL 936, and the county holds the delinquent lien from then on.
Late taxes draw interest at a rate the Commissioner of Taxation and Finance sets each year under RPTL 924-a, charged monthly and never below 12 percent a year. That interest belongs to the county. No investor collects it, and that is the first place a lien-state habit goes wrong here.
Step 2: The list that looks like a sale list
About ten months after the lien date, the enforcing officer files the List of Delinquent Taxes with the county clerk under RPTL 1122. It names every delinquent parcel and acts as a notice of pendency against each one. Nothing on it can be bought.
The published foreclosure notice, the judgment awarding the parcel to the county, and RPTL 1190 bulk lien contracts with the state Municipal Bond Bank Agency look like sales too. None admits an individual bidder.
Step 3: One foreclosure petition covers every parcel
Eighteen months after the lien date, the enforcing officer executes the petition of foreclosure and files it with the county clerk (RPTL 1123). Notice runs in at least two newspapers in three non-consecutive weeks within two months and is posted (RPTL 1124), and owners and parties of record get mailed notice by the date of first publication (RPTL 1125). Where a tax district has lengthened redemption for homes or farms, the petition waits until 30 or 42 months after the lien date.
Read that notice. It states the last day to redeem, which can fall after the default.
Step 4: Redemption ends before any public bidding
The default window under RPTL 1110 is 2 years after lien date. Owners, heirs, mortgagees, lienholders of record and even another tax district can redeem by paying the enforcing officer the delinquent liens and all charges. Those charges include the 924-a interest, penalties, mailing, publication, recording and search costs, and a foreclosure allowance of up to $250 per parcel or 2 percent of the taxes, interest and penalties, whichever is greater.
Local law can move the window:
- Homes and farms. Under RPTL 1111 a tax district may extend redemption for one, two or three family homes and farm property to 36 or 48 months after the lien date.
- Deployed military. RPTL 1113 allows 48 or 60 months for the homes of certain members ordered to active duty.
- Vacant and abandoned homes. RPTL 1111-a cuts it to 12 months for a house found vacant by affidavit and placed on a municipal roll, outside cities of one million or more.
When one tax district holds several liens on a parcel, they are redeemed newest first, and foreclosure continues while the oldest is unpaid (RPTL 1112). See redemption periods explained for how this compares with lien states, where the clock runs after you buy.
Step 5: Judgment vests the county with fee simple absolute
A party who neither redeems nor answers is barred, and a motion to reopen a default must come within one month of entry (RPTL 1131). The final judgment under RPTL 1136 awards the parcel to the tax district, or a grantee named in it, in fee simple absolute. Every prior owner, lienholder and the State of New York is barred and forever foreclosed. Under RPTL 1137 the deed is presumptive evidence that the proceedings were regular, and that presumption becomes conclusive two years after recording.
Parcels can still drop off a list before sale day. RPTL 1136(4) lets the tax district, at its discretion, convey a parcel back to the former owner for the taxes and charges until it conveys to a third party, and RPTL 1138 allows withdrawals for reasons such as bankruptcy.
Step 6: The county auctions what it owns
New York sets no auction month. Each county sells after its own judgment, usually once a year. In 2026 St. Lawrence County ran its online auction from September 12 to 26 through Auctions International. Absolute Auctions & Realty lists sales for several counties, cities and towns on one index. A contractor's schedule mixes many jurisdictions, so a date belongs only to the county named on that listing.
To count as a public sale, the auction follows RPAPL 231: notice published once a week for four successive weeks, or twice a week for three weeks, plus posting in three public places in the town for property outside a city or village. RPTL 1166 sets no statewide minimum bid, so each county's terms fix any opening bid, often the taxes and charges owed.
No statewide deposit amount. Deposits, bidder registration deadlines, buyer premiums and accepted payment forms are set in each county's terms of sale or the auction contractor's terms; read them before bidding.The payment window also comes from those terms. A sale other than a public auction to the highest bidder takes effect only after the county's governing body approves it by majority vote. Work through due diligence before a tax sale, then set a ceiling with the tax deed max bid calculator.
Step 7: Title, transfer tax and the quitclaim
The county conveys the title the judgment gave it. Counties commonly use a quitclaim deed and give no title warranty; that is terms-of-sale practice, not statute, so confirm it on each county's terms and order a title search anyway. Read what survives a tax deed for what to check, and budget for a quiet title action after a tax deed if a lender or insurer will want marketable title.
Plan for transfer tax too. Tax Law 1402 charges $2 per $500 of consideration. The county is an exempt grantor under Tax Law 1405, and Tax Law 1404 shifts the tax to the grantee when the grantor is exempt.
Step 8: Surplus goes into court for the former owner
After Tyler v. Hennepin County, the Legislature added RPTL 1195 to 1197 in 2024. Within 45 days after the sale, the enforcing officer subtracts the taxes, interest, penalties and charges, including the foreclosure allowance, from the price paid. Any surplus is paid into court with a report, and the former owner is notified within ten days. Claims are decided as in a mortgage foreclosure.
At a public auction the price paid is accepted as the property's value, so no claimant can argue it sold too cheap. For a home with no claim from the former homeowner, the proceeding stays open at least 36 months, and unclaimed money goes to the tax district. None of it changes what you pay. Tax deed surplus funds covers how other states handle claims.
Where Article 11 does not apply
RPTL 1104 let a county, city or town keep its own enforcement by local law adopted by July 1, 1994. Three exceptions matter most:
- New York City. The five boroughs are outside Article 11. Under N.Y.C. Admin. Code 11-319 the City sells liens only to a single authorized buyer, a trust, and holds no tax deed auction for investors.
- Nassau County. Under its own administrative code, the Treasurer sells tax liens at a public online auction each February. See the Nassau County page before treating it like the rest of the state.
- Suffolk County. Under the Suffolk County Tax Act the county records a tax deed, accepts redemption applications within six months of recording, and later auctions what stays unredeemed. Details are on the Suffolk County page.
Other towns and cities may have opted out too; follow the local office's published procedure.
Buying what did not sell
New York keeps no statewide over-the-counter list. RPTL 1166 lets a county sell leftover parcels by negotiated or sealed-bid sale, subject to the same governing-body vote, or pass them to a land bank. Ask the county treasurer or real property office whether it holds any inventory. The process differs from the over-the-counter purchases common in lien states.
Your New York checklist
In New York the county carries the risk and waits out redemption, and you arrive at the end to buy a finished foreclosure. Your jobs are to confirm which procedure applies, read the county's terms of sale, and verify title yourself. Browse every New York county for the office that runs each sale.
Frequently asked questions
- Does New York sell tax lien certificates to investors?
- Not under the statewide law. Under Article 11 the county keeps the delinquent tax lien and forecloses it itself, and investors buy the foreclosed property afterward. New York City sells liens only to a single authorized buyer, not the public. Nassau County is the exception, with its own public tax lien auction under county law.
- How long is the redemption period in a New York tax foreclosure?
- Two years after the lien date by default, or a later date named in the published notice of foreclosure. A tax district can lengthen it by local law for homes and farms, and for certain deployed military members, or shorten it to 12 months for vacant and abandoned homes on a municipal roll.
- Can a former owner redeem after I buy at a New York county auction?
- No. The foreclosure judgment bars every right of redemption before the county sells, and the county holds fee simple absolute title when it conveys to you. The deed's presumption of regular proceedings becomes conclusive two years after it is recorded.
- When do New York counties auction tax-foreclosed property?
- There is no statewide month. Each county sells after its own in rem foreclosure judgment, usually once a year, and dates spread across the calendar. Many upstate counties sell online through a contractor such as Auctions International, so check the county treasurer's auction page.
- Who gets the surplus from a New York tax foreclosure auction?
- The former owner and lienholders. Since 2024 the county must work out within 45 days whether the price exceeded the taxes, interest, penalties and charges, and pay any surplus into court, where claimants file. The buyer's price does not change.
- Can I buy tax liens at the New York City lien sale?
- No. New York City sells its tax liens only to a single authorized buyer, a trust, and the Department of Finance says it does not sell to the general public. The City runs no tax deed auction for individual investors.
- Does the buyer pay transfer tax on a New York county tax deed?
- Usually yes. The state transfer tax is $2 per $500 of consideration. A county is an exempt grantor, and when the grantor is exempt the grantee owes the tax.
Sources
Statutes, court decisions and reference material used on this page. Laws and fees change, so confirm against the current source before you act.
- RPTL 1110 - Redemption, generally · New York State Senate
- RPTL 1122 - Filing of list of delinquent taxes · New York State Senate
- RPTL 1123 - Petition of foreclosure · New York State Senate
- RPTL 1136 - Final judgment · New York State Senate
- RPTL 1137 - Statute of limitations · New York State Senate
- RPTL 1166 - Real property acquired by tax district; right of sale · New York State Senate
- RPTL 1196 - Determination of existence and amount of surplus · New York State Senate
- RPAPL 231 - Sale; notice of; when and how conducted · New York State Senate
- NYC Department of Finance - Lien sales · NYC Department of Finance
Keep reading
Tax Lien vs Tax Deed: What You're Actually Buying
A tax lien earns you interest; a tax deed can hand you the property. Here is the main difference, how each sale works, and which one fits your goal.
Due Diligence Before a Tax Sale: How to Value a Parcel Before You Bid
Check access, title records, surviving liens, bankruptcy and land value before a tax sale. Use the pre-bid checklist to set a researched maximum bid.
How Florida Tax Sales Work
Florida runs two tax sales: annual lien certificates by the Tax Collector and tax deed auctions by the Clerk. The full cycle under F.S. Chapter 197.
Tax Sale Atlas publishes educational information about public tax sale processes. This is not legal, financial, or investment advice. Rules, dates, and fees change; confirm with the county office before you bid.