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Tompkins County committee urges state to amend in rem foreclosure law; resolution passes 3–1
Summary
On April 14 the Tompkins County Government Operations Committee voted 3–1 to approve a resolution urging the New York State Legislature to change in rem foreclosure law so counties are not left carrying the cost of unpaid property taxes. Members asked for local and statewide cost data before further action.
Tompkins County’s Government Operations Committee voted 3–1 on April 14 to approve a resolution urging the New York State Legislature to amend in rem foreclosure law to relieve counties of mounting carrying costs when property owners fail to pay taxes.
The measure, which had been reviewed and approved by the county’s Budget & Capital committee, was moved by Adam Vincent and seconded by Dan Wakeakeman. Randy Brown, Judith Hubard and Adam Vincent voted yes; Dan Wakeakeman voted no.
Why it matters: County officials said current practice requires the county to advance school and municipal shares when a taxpayer defaults, then shoulder the liability for collecting unpaid taxes. Speakers told the committee that recent U.S. Supreme Court decisions and state procedures have limited counties’ ability to retain surplus proceeds from foreclosure sales, increasing the frequency and size of uncompensated shortfalls.
Committee discussion focused on clarifying the resolution’s intent and on how much the issue costs the county. Adam Vincent noted a likely typographical error in the draft and asked staff to compile Tompkins County’s historical cost data and to contact the New York State Association of Counties for statewide figures. A county staff member said they would provide a fuller report at the committee’s next regular meeting.
Objection: Dan Wakeakeman said he opposed the resolution because it would shift costs and administrative burden to smaller municipalities that may lack staff or resources to pursue collections. "I am opposed to this and will not be voting for it," he said, urging removal or revision of language that would push liabilities onto towns and villages.
Clarification: Judith Hubard responded that the resolution does not require municipalities to take on foreclosure duties or add to their staff; rather it seeks to prevent the county from having to advance municipal tax shares when the county is later unable to recoup them.
Next steps: With the committee vote, the county will forward the urging resolution to the state legislature and continue to assemble local cost data for the committee and for any state-level advocacy. Staff said they will provide a more detailed briefing on the underlying legal developments and the county’s exposure at the next legislature meeting.
