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Real Property Tax Committee authorizes Phillips Lytle to help resume county tax foreclosures
Summary
The Saratoga County Real Property Tax Committee voted July 8 to authorize a contract with Phillips Lytle LLP to help clear a backlog of roughly 570 tax-delinquent properties from 2019–2023; presenters cautioned the process will be lengthy because New York State updated Article 11 and added a six-month redemption period.
Saratoga County’s Real Property Tax Committee on July 8 authorized an agreement with the law firm Phillips Lytle LLP to provide legal counsel as the county moves to resume real property tax foreclosure proceedings and address a backlog of properties spanning 2019–2023.
The committee’s presenter, an agency official (speaker 3), said the county has "been on hold for the last few years" and recommended outside counsel to “wrap all of this up in one lump” so the county can catch up. The presenter told the committee the backlog totals about "570" properties and recommended the firm because of its recent litigation experience.
Why it matters: State changes to Article 11 and related homeowner protections mean the county’s foreclosure process now includes a longer redemption window and other procedural steps that could expose the county to greater legal risk if handled incorrectly. The presenter cited updates that include a new homeowners' bill of rights and an additional six-month redemption period, and said most of the earlier legal questions have been resolved.
Committee members and staff outlined next steps and timing. A staff member (speaker 5) described the revived process as follows: the county must send a pre-petition notice, wait a 90-day period, file a petition, and then allow a six-month redemption window; after those steps a judge would set a return date before further court action. "It will be approximately 11 months," the staff member said, attributing that length to new legislation and the added redemption period.
The presenters also addressed how legal fees are handled. The agency official said most legal fees for outside counsel are expected to be reimbursed through the redemption process or out of auction proceeds, but that courts have discretion and recovery is not guaranteed. Another agency official (speaker 4) noted Phillips Lytle previously handled similar litigation for Saratoga Springs and successfully petitioned courts for fee recovery in that jurisdiction, though the firm’s proposal included the caveat that future court practices could change.
Committee members discussed whether to change the county’s existing first- and second-pull procedures and emphasized that supervisors will need to be prepared to answer questions from property owners when notices begin going out. Staff said any policy changes would require coordination with the county attorney’s office and relevant departments, and the committee asked staff to schedule training or informational sessions for supervisors and their staff.
The committee approved the authorization by voice vote; individual roll-call tallies were not specified in the record. Staff said formal foreclosure filings and auction actions will not be immediate and that work with the county attorney and outside counsel will precede any court petitions; presenters estimated substantive court activity would begin in the later part of 2027, given statutory notice and redemption timelines.
The agreement approved on July 8 covers legal counsel services to advance foreclosure actions on the specified backlog; exact contract terms, fee arrangements, and timelines will be finalized by staff and the county attorney before filings proceed.
