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Real Property Law
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale
Hoge v. Chautauqua County 173 A.D.3d 1731 AppDiv, Fourth Dept. (memorandum opinion)
In an action by former property owners for surplus moneys from a tax foreclosure sale, former owners appealed from Supreme Court's grant of the county's motion to dismiss. The Appellate Division affirmed, holding that former owners are not entitled to proceeds from a resale.
The county obtained title to the subject property by a default judgment of foreclosure pursuant to Real Property Tax Law article 15. The county then resold the property at auction. Former owner then brought this action for surplus proceeds. Supreme Court granted the county's motion to dismiss, and former owner appealed.
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