Relocation liens from a foreclosure auction

[Abrom Badalov]

Question and advice needed. My client bought a property at Kings County foreclosure auction. The judgment clearly says that all city agency lies should be paid by the Referee according to CPLR 1354 and the plaintive attorney is bullying my client not to pay any advice on that.

Sent from my iPhone

On Dec 24, 2025, at 9:05 AM, Green, Prof. Shelby <sgr...@law.pace.edu> wrote:



You can reach out to Khadijah Kellogg, khadijah...@americanbar.org to request a link.

 

 

Shelby D. Green

Professor of Law

The Class of 2003 Faculty Scholar

Elisabeth Haub School of Law, Pace University

78 North Broadway

White Plains, N.Y. 10603

(914) 422-4421 (tel)

(914) 422-4168 (fax)

 

From: nyclar...@googlegroups.com <nyclar...@googlegroups.com> On Behalf Of Joan Matthews
Sent: Sunday, December 21, 2025 8:35 PM
To: nyclar...@googlegroups.com
Subject: Re: [nyclarealprop] Don’t Miss December’s Professors’ Corner – Tomorrow (Dec. 9, 12:30–1:30 PM ET)

 

I'm sorry I had to miss this webinar? Is it recorded by chance? 

Thank you,

 Joan Matthews

 

 

 

On Mon, Dec 8, 2025 at 6:35 PM Green, Prof. Shelby <sgr...@law.pace.edu> wrote:

 

From: Rosa Newman <rnew...@elon.edu>
Sent: Monday, December 8, 2025 1:04 PM
To: Green, Prof. Shelby <sgr...@law.pace.edu>
Subject: Don’t Miss December’s Professors’ Corner – Tomorrow (Dec. 9, 12:30–1:30 PM ET)

 

Dear Colleagues,

The American Bar Association Real Property, Trust & Estate Law Section's Legal Education and Uniform Laws Group invites you to join us for the December edition of our Professors' Corner webinar series—taking place tomorrow. Don’t miss out on this timely conversation:

Professors’ Corner Webinar
Tribal/Federal Co-Management of Natural Resources
Tuesday, December 9, 2025 | 12:30–1:30 PM ET

Description:
Historically, natural resources management between tribes and the federal government has been marked by asymmetry and conflict. Slowly, however, federal agencies and state resource managers have begun to recognize the deep expertise tribes bring to stewarding rivers, fisheries, forests, and other shared ecosystems. This session will explore the current state of tribal–federal collaboration, what meaningful co-management might look like in practice, and the implications of these developments for the future of tribal sovereignty.

Panelists:
· Hillary Hoffmann, Vermont Law and Graduate School
· Monte Mills, University of Washington School of Law

Moderator:
Elizabeth Elia, University of New Mexico School of Law
Email: el...@law.unm.edu

Registration:
This free webinar is open to all, but registration is required. Please register at the following link:
https://americanbar.zoom.us/webinar/register/WN_g2KvfEkWQC-JxINVOn9fuw

Professors’ Corner is a free monthly webinar series that brings together scholars and practitioners to discuss cutting-edge issues in real property, trust, and estate law. Recordings of prior programs are also available.

If you have any questions about the program, please contact Professor Elia at el...@law.unm.edu. For assistance with registration, please reach out to Khadijah Kellogg at Khadijah...@americanbar.org.

We hope you’ll join us for this important and timely discussion—please feel free to share this invitation widely.

Best,

Rosa

<image001.png>

  Rosa Newman
  Assistant Professor of Law

  Elon University School of Law

  201 N. Greene St.
  Greensboro, North Carolina 27401
 
  Phone: (336) 279-9371
  Email: rnew...@elon.edu

 

<image002.png>

 

 

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[Adam Mikolay]

Abrom:

 

RPA&PL 1354 requires payment of City liens which have “PRIORITY” over the foreclosed mortgage.

While certainly possible, it would be unusual if there were such liens.  If there were such liens, more than likely they would be susceptible to a title claim (“missed” at loan origination) or a strict foreclosure action, if they were “missed” in the foreclosure.

 

Adam E. Mikolay

ADAM E. MIKOLAY, PC

400 Garden City Plaza

Suite 405

Garden City, NY  11530

PH 516-222-2050

Fax 516-222-0450

Ad...@Mikolaylaw.com

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[SM A]

If the foreclosure was an ad valorem tax sale, see what county tax collector says and that information might be on line.

S M Anderson

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[Abrom Badalov]

Apparently, Hpd changed the law in 2021 and your relocation lien from that on is equivalent to a tax lien and must be paid from proceeds

Sent from my iPhone

On Dec 24, 2025, at 9:59 AM, Adam Mikolay <Ad...@mikolaylaw.com> wrote:



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[Steve Kirkpatrick]

It has been a few years since I have dealt with NYC relocation lien issues, but an issue with this type of lien is that it is effectively a "springing" lien that can come up and immediately constitute a valid lien that encumbers the property after it is acquired.  Under § 26-305(4)(a), HPD is permitted to file the lien “within one year of incurring any such expenses. In computing such one year period, the latest date on which any expense in relation to which such notice was filed has been incurred shall be deemed the date on which all of the expenses stated in such notice were incurred."  Thus, if relocation payments are ongoing at the time of the auction, the lien may not be filed until months later, yet it retroactively covers the expenses.  Further, the amount of such liens can be very significant because there are often situations where people are relocated for years and the lien is for all of the relocation costs incurred for the entire relocation period.

Additionally, for vacate orders issued on or after Sept 14, 2021, § 26-305(4)(d) explicitly treats these charges as tax liens billed by the Department of Finance. Combined with § 27-2144(b), which grants them priority over mortgages, a buyer faces a real risk of a super-priority lien attaching post-closing for "invisible" debt accrued prior to the transfer.

Because of this statutory gap, reliance on a standard title search to protect against relocation liens is insufficient. The only way to rule out the risk is to contact HPD directly to confirm if any relocation services are currently active for the property.

Steven Kirkpatrick

Romer Debbas LLP

275 Madison Avenue, 8^th Floor

New York, New York 10016

Mobile - (212) 246-4500

Office - (212) 888–3100

skirkp...@romerdebbas.com

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