USA Foreclosure Wiki

Albany County, NY

22 min read

Albany County, New York — Tax Sale & Surplus Procedure

Local operations layer. The legal framework (redemption periods, surplus rights, statutes, case law) lives on the parent page → new-york. This page covers how Albany County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

  • County seat: Albany, NY
  • Population: 314,848 (2020 Census)
  • FIPS: 36001
  • Recording unit: county
  • Parent legal framework: new-york
  • Judicial district: 3rd Judicial District, New York State Unified Court System
  • Enforcing officer: Albany County forecloses delinquent tax liens by in rem proceeding under RPTL Article 11. The Commissioner of the Albany County Department of Management and Budget (Finance Division) is the designated Enforcing Officer for the Albany County Tax District. (As of the 2021 in rem petition notice, the Commissioner was M. David Reilly, Jr.; verify the current Commissioner’s name before relying on it.) Source: published Albany County in rem foreclosure notice (legal-notice reprint), evangelist.org legal notices 2021-12-16 · new-york parent page (RPTL Art. 11 enforcing-officer framework)

C1. Local Tax Sale

  • Conducts own sale? Yes. Albany County conducts an in rem tax-foreclosure auction of property it has acquired under RPTL Article 11. The Division of Finance runs the foreclosure; the public auction is administered by an outside online auction vendor. Over 95% of unpaid tax bills are paid before foreclosure each year, so auction inventory is relatively small. Source: albanycountyny.gov Real Property Tax Auction (via search summary; direct fetch returned HTTP 403)

  • Platform: Online only via Auctions International, Inc. (Buffalo-based), at AlbanyCoAuction.com / auctionsinternational.com. Bidders register and bid online; there is no in-person bidding.

  • Calendar: Periodic (typically a spring online auction; not a fixed annual statewide date). Most recent confirmed cycle:

  • Buyer’s premium: 8.77% of the high bid for standard payment forms; 6.0% (i.e., the standard premium discounted by 2.77%) when the balance is paid by cash or guaranteed funds. The buyer’s premium is non-refundable. Source: auction.com listing summary (Auctions International terms) · Auctions International — Albany County #45015

  • Registration & deposit:

    • Register online at AlbanyCoAuction.com before the registration deadline.
    • Deposit: the greater of $100 or 20% of the bid amount, plus the buyer’s premium; deposit is non-refundable.
    • Deposit deadline: successful-bidder deposits must be received within 5 business days of the auction close.
    • Accepted deposit forms (in-person): certified check, bank check, or cash. Personal checks, business checks, and American Express are NOT accepted.
    • Closing: balance due / closing required within 30 days of the notice and closing statement (some Auctions International listings reference a 30–45 day window). Source: auction.com listing summary · albanycountyny.gov auction page (search summary)

  • Bidder requirements / prohibited bidders: Standard Auctions International registration (government-issued photo ID; entity bidders supply formation documents). needs_verification — the precise Albany County prohibited-bidder list (e.g., exclusion of delinquent taxpayers / the foreclosed owner) was not retrieved from a directly fetched terms-of-sale document; the county .gov pages and the Auctions International terms page returned HTTP 403 on direct fetch.

  • Rate within statutory range: 1% per month (12%/year), the RPTL § 924-a state default (plus § 1102 charges, penalties, and Local Law charges). No county deviation identified. Source: new-york parent page.

  • Delinquent list / auction property list: Auction parcels are posted on AlbanyCoAuction.com and on the county’s Delinquent Tax Lists and Property Sales Public Notices pages. Parcels are removed from the proceeding if redeemed, answered, or withdrawn by the Tax District. Source: albanycountyny.gov Delinquent Tax Lists (search summary) · albanycountyny.gov Property Sales Public Notices · Albany County auction parcels portal

C2. Local Redemption → framework: right-of-redemption

  • Where/how to redeem locally: Any person with a right, title, interest in, or lien upon a listed parcel may redeem on or before the last day for redemption by paying the Tax District the full unpaid tax liens (computed to and including the last redemption day) plus interest, penalties, and lawful charges.

    • Pay to: Albany County Commissioner of Management and Budget (Division of Finance), 112 State Street, Room 1340, Albany, NY 12207.
    • Payment forms after petition filing: cash, certified check, bank check, or money order (personal checks not accepted after the petition of foreclosure is filed). Source: Albany County in rem foreclosure notice (legal-notice reprint)

  • Redemption period: Governed by RPTL § 1110 (2-year default from lien date) as applied in Albany County’s Art. 11 in rem proceeding; the operative deadline for any given proceeding is the “last day for redemption” stated in the published petition/notice of foreclosure (the in rem petition is filed after the RPTL § 1123 period and sets a specific cutoff date). See new-york §§ 1110, 1123–1125. needs_verification — no Albany-specific shortening (e.g., RPTL § 1111-a vacant-and-abandoned registry → 1 year) was confirmed from a retrieved county document.

  • Installment agreements (pre-foreclosure cure): Albany County offers installment payment of delinquent real property taxes (Albany County Code / Local Law):

    • Term up to but not exceeding 2 years (24 months), ending no later than the last day of redemption.
    • Minimum 10% down payment of the delinquent tax is mandatory.
    • Each installment is due the last day of its month; amount = eligible delinquent taxes + interest accruing to each payment date, paid in approximately equal amounts.
    • Eligibility begins no earlier than 30 days after the return of unpaid taxes to the enforcing officer; owners with certain prior defaults/foreclosure history within three years are ineligible. Source: Albany County Code — Installment Payment of Delinquent Real Property Taxes (ecode360 #34957927, search summary)

  • Local fees / charges: Interest at 1%/month (RPTL § 924-a) plus penalties, publication/notice costs, recording and search costs, administrative fees, and reasonable attorney fees as authorized by RPTL § 1102 and Albany County local law. needs_verification — exact county administrative-fee schedule not retrieved from a directly fetched document.

  • Redemption / foreclosure contact:

C3. Local Surplus / Excess Proceeds → framework: surplus-funds

Following tyler-v-hennepin-county (2023) and New York’s 2024 RPTL reform (L.2024, ch.55, pt.BB; RPTL §§ 1196–1197), Albany County adopted an updated Disposition Plan by resolution (Legislature File 25-141, introduced and passed April 14, 2025) for real property acquired through the in rem delinquent-tax-foreclosure process, expressly to address surplus distribution and reduce Tyler-related litigation risk. The plan replaced all prior disposition plans. Source: Albany County Legislature File 25-141 (legistar) · CitizenPortal.ai — Albany County updated disposition plan

  • Surplus framework: Surplus from the sale of tax-foreclosed property is determined and distributed under the state RPTL §§ 1196–1197 regime (enforcing officer determines surplus within 45 days of sale; surplus paid into court and adjudicated “in the same manner as in an action to foreclose a mortgage” under RPAPL Article 13). The Albany County Disposition Plan references RPTL § 1066 (county authority) and § 1197 (public-sale / surplus). See new-york §3 for the full statutory mechanics. Source: new-york (RPTL §§ 1196–1197) · CitizenPortal.ai — disposition plan summary

  • Claim filing venue: Albany County Supreme Court (3rd Judicial District) — the court having jurisdiction over the in rem foreclosure proceeding, where the surplus is paid in and adjudicated.

  • Claim form / instructions: NY Courts statewide in rem tax-foreclosure surplus forms:

  • Local deadline notes: For residential property, if no former homeowner has claimed at confirmation of the report of sale, the proceeding stays open at least 3 years from confirmation (RPTL § 1197); a former homeowner filing in that window is timely. Unclaimed surplus is paid to the tax district (Albany County) to reduce the levy — not to the State Comptroller. See new-york §3.

  • Disposition-plan priority order (pre-sale return-to-owner ladder): The plan prioritizes, in order, (1) retaining property for County public use, (2) selling back to the former owner on a financial-hardship showing, and (3) sale to an adjacent property owner, before general public auction. A protective term bars the Land Bank from re-conveying a County-acquired parcel back to the immediate former owner for less than the delinquent taxes (with interest, penalties, and legal charges) owed at foreclosure. Source: CitizenPortal.ai — disposition plan priorities

  • Unclaimed-funds list published? needs_verification — no Albany County published list of unclaimed in rem surplus identified. Because abandoned RPTL surplus goes to the County (not the State Comptroller), it would not appear in the OSC unclaimed-funds database.

  • Contact for surplus matters: Albany County Division of Finance (surplus determination), 112 State St., Room 1340, (518) 447-7070 / 7082; claim filing — Albany County Supreme Court Clerk, 16 Eagle St., Room 102, (518) 285-8989.

▸ For Investors / Operators — Albany County conveys by in rem deed after a judicial RPTL Art. 11 judgment; surplus runs through the RPTL §§ 1196–1197 / RPAPL Art. 13 waterfall adjudicated in Albany County Supreme Court (3rd JD). The county’s Disposition Plan inserts a former-owner / adjacent-owner / Land Bank priority ladder ahead of open auction, and a designated-sensitive-parcel track that holds environmentally contaminated parcels at the judgment stage rather than selling them — see new-york §5b for the marketable-title path and §7b for surviving liens (un-noticed federal/CERCLA liens are the key exposure here given the environmental-parcel program).

▸ For Former Owners — Surplus from an Albany County tax sale is paid into Albany County Supreme Court and claimed there using the NY Courts in rem surplus forms; for residential property the proceeding stays open at least three years from confirmation. Before the sale, Albany County’s Disposition Plan gives former owners a hardship buy-back priority and installment-agreement options (up to 24 months, 10% down) to cure delinquency through the Division of Finance.

C4. Offices & Contacts

OfficeNameAddressPhoneURL
Division of Finance / Dept. of Management & Budget (Enforcing Officer; redemption; surplus determination)Commissioner of Management & Budget (M. David Reilly, Jr. per 2021 notice — verify current)Harold L. Joyce Albany County Office Bldg., 112 State St., Room 1340, Albany, NY 12207(518) 447-7070 · (518) 447-7082 (delinquent/foreclosure) · fax (518) 447-5516albanycountyny.gov Finance Division
County Clerk (deed/mortgage recording; in rem list & lis pendens filing)Hon. Bruce A. HidleyAlbany County Courthouse, 16 Eagle St., Room 128, Albany, NY 12207-1077(518) 487-5100 · fax (518) 487-5099albanycountyny.gov County Clerk
Albany County Supreme Court (3rd JD; surplus-claim / in rem proceeding court)Supreme Court ClerkAlbany County Courthouse, 16 Eagle St., Room 102, Albany, NY 12207(518) 285-8989NY Courts — Albany Supreme (3rd JD)
Albany County Land Bank Corporation(independent 501(c)(3), est. 2014)111 Washington Ave., Suite 601, Albany, NY 12210(518) 407-0309albanycountylandbank.org

Note on mortgage foreclosure sales: In New York, RPAPL Art. 13 mortgage foreclosure sales are conducted by a court-appointed referee (not the Sheriff) pursuant to a judgment of foreclosure and sale entered by the Albany County Supreme Court (3rd JD). See new-york §4.

C5. Local Procedure Notes

  • Robust pre-foreclosure collection: Albany County reports over 95% of unpaid tax bills are paid before in rem foreclosure, via yearly letters, on-site visits, installment-plan outreach, and certified-mail notice to owners, lienholders, and interested parties of record. Source: albanycountyny.gov auction page (search summary)

  • Updated Disposition Plan (File 25-141, adopted 4/14/2025): governs how the County disposes of in rem-acquired property — public use, former-owner hardship buy-back, adjacent-owner sale, Land Bank conveyance, and public auction; all County conveyances (including to the Land Bank) require County Legislature approval. Adopted to comply with the 2024 RPTL §§ 1196–1197 surplus reform. Source: Legistar File 25-141 · CitizenPortal.ai summary

  • Designated Sensitive Parcels (environmental track): The County designates certain parcels suspected of significant environmental contamination as “sensitive.” It begins the foreclosure to clear liens (often the sole impediment to remediation) but holds the foreclosure at the judgment stage rather than taking title and exposing taxpayers to cleanup cost; these are sold by a solicited-bid (RBF) process, not the general public auction. In auction listings, sensitive parcels are flagged (e.g., parcels numbered 300+ require a completed RBF form). Source: albanycountyny.gov Designated Sensitive Parcels (search summary)

  • Land Bank $1 conveyance: Where property is conveyed to the Albany County Land Bank under the Disposition Plan, the consideration is $1, waived by the County, with a right of reacquisition (reverter) if Land Bank requirements are not met. The Land Bank may not re-sell back to the immediate former owner below the delinquent-tax amount. Source: CitizenPortal.ai — disposition plan

  • Verified local case: Matter of Foreclosure of Tax Liens by County of Albany (Phoenix of Albany) (App. Div., 3rd Dept., 2024 NY Slip Op 01139): where a petition of foreclosure was already filed, nothing in RPTL Art. 11 requires filing a new petition after a withdrawn parcel is reinstated to the delinquent-tax list; default denial affirmed for failure to show a meritorious defense (court did not reach the notice argument). Confirms Albany County’s reinstatement practice. Source: Justia — Matter of Foreclosure of Tax Liens by County of Albany (Phoenix of Albany) (case text retrieved via search summary; Justia/FindLaw direct fetch blocked by JS challenge)

  • Manufactured housing / SCRA / HOA: Not separately addressed in retrieved county documents; state-level rules apply (see new-york). needs_verification.

C6. Records Access

C8. Title & Quiet Title → framework: new-york §5b, quiet-title-after-tax-sale

  • Title type: Tax deed via judicial in rem foreclosure (RPTL Art. 11). No tax-lien certificate is sold in the standard county process. See new-york §0.
  • Quiet title: Frequently used and effectively required before a sophisticated buyer or title insurer will accept Albany County tax-deed title without a waiting period. Action type is judicial — RPAPL Article 15 plenary action filed in Albany County Supreme Court (3rd JD), 16 Eagle St., Albany. Typical uncontested timeline 60–120 days (longer if publication service is needed); typical legal cost roughly $3,000–$10,000+ plus the Supreme Court index fee ($210). See new-york §5b for the full path (RPAPL Art. 15, RPTL § 1137 two-year conclusive presumption, 6-year CPLR 213 seasoning; NY has no Marketable Record Title Act). Source: new-york §5b (RPAPL Art. 15; RPTL § 1137)
  • Deed seasoning / title insurance: Underwriters typically require a completed quiet-title judgment or expiration of the RPTL § 1137 / CPLR 213 period before insuring. Specific underwriters active on Albany County tax-deed title: needs_verification (general NY market: Fidelity National, First American, Stewart, Old Republic per new-york §5b, not separately confirmed for Albany).
  • Environmental-parcel caveat: Designated Sensitive Parcels carry contamination risk; the County deliberately does not take title (holds at judgment) on these, so a buyer takes the parcel through the RBF process with the environmental posture intact — diligence (Phase I, CERCLA/ECL § 27-1301 search) is essential. See new-york §7b. Source: Designated Sensitive Parcels (search summary)

C9. Purchaser Obligations → framework: new-york §10b

  • Subsequent-tax payment office: In the in rem scheme the tax district (Albany County) is the lien holder; taxes continue to accrue against the parcel until the judgment. A third-party auction purchaser pays the balance and closing costs to Auctions International / the County per the closing statement (closing within ~30 days). Subsequent-year taxes after deed delivery are paid to the appropriate city/town/county collector and, when delinquent, to the Division of Finance, 112 State St., Room 1340. See new-york §10b.
  • Notice to owner / redemption procedure: Owner notice is given by the Enforcing Officer (Commissioner of Management & Budget) via the RPTL §§ 1124–1125 published and certified-mail notice of foreclosure stating the last day for redemption; there is no separate purchaser-issued expiration notice in the county process. See new-york §6, §10b.
  • Redemption payment office: Albany County Commissioner of Management & Budget (Division of Finance), 112 State St., Room 1340, Albany, NY 12207 — cash, certified check, bank check, or money order (no personal checks after petition filing). Source: in rem notice reprint
  • Occupancy / access during redemption: The former owner retains possession until the in rem judgment is final and the deed is executed (RPTL § 1136); no third-party purchaser exists until the County conveys post-judgment. See new-york §10b.

C10. Local Restrictions → framework: new-york §11b

  • Land bank active? Yes. Albany County Land Bank Corporation — independent 501(c)(3) land bank established 2014 under NY’s Land Bank Act (NPCL Art. 16). Acquires tax-foreclosed, vacant, and abandoned parcels conveyed by Albany County (which extinguishes back taxes/liens), rehabs/redistributes them to vetted buyers. Conveyance from the County is for $1 (waived) with a reverter. 111 Washington Ave., Suite 601, Albany, NY 12210; (518) 407-0309; albanycountylandbank.org.
  • Right of first refusal / priority disposition: Albany County’s Disposition Plan creates an ordered priority ahead of open public auction — County public use → former-owner hardship buy-back → adjacent-owner sale → Land Bank conveyance. Statewide, under NPCL § 1616 a land bank holding a tax lien has a priority-bid / repurchase right at the foreclosure sale (see new-york §11b). All County conveyances require Legislature approval. Source: CitizenPortal.ai — disposition plan priorities
  • Entity / insider notes: No Albany-specific insider-bidding statute retrieved; state-level note in new-york §11b applies (no specific RPTL prohibition; general ethics + federal antitrust on bid-rigging). The Land Bank cannot re-sell to the immediate former owner below the delinquent-tax amount.

▸ For Investors / Operators — The acquisition reality in Albany County is the Disposition-Plan priority ladder: County public use, former-owner buy-back, and adjacent-owner / Land Bank ($1) conveyances sit ahead of the Auctions International public auction, and environmentally sensitive parcels are diverted to a held-at-judgment RBF track. Marketable title runs through an RPAPL Art. 15 quiet title in Albany County Supreme Court (§C8); surviving-lien exposure is in new-york §7b.

▸ For Former Owners — Pre-foreclosure, Albany County offers up-to-24-month installment agreements (10% down) and a hardship buy-back priority; after a sale, any surplus is paid into Albany County Supreme Court (3rd JD, 16 Eagle St.) and claimed with the NY Courts in rem surplus forms, with the residential proceeding staying open at least three years from confirmation.

C7. Meta

sources:

needs_verification:

  • Current name of the Albany County Commissioner of Management & Budget (Enforcing Officer). M. David Reilly, Jr. appears on the 2021 in rem notice; not confirmed current as of 2026.
  • Exact Albany County prohibited-bidder list and full auction terms of sale (deposit forms, registration documents). County .gov auction page and Auctions International terms-of-sale page returned HTTP 403 / behind navigation on direct fetch; figures (premium 8.77%/6%, deposit $100-or-20%, 5-day deposit, ~30-day closing) sourced from a secondary auction aggregator summary and the county press release.
  • Whether Albany County maintains an RPTL § 1111-a vacant-and-abandoned registry shortening the redemption period to 1 year.
  • Exact Albany County administrative-fee / charges schedule on redemption (RPTL § 1102 / local law) — not retrieved from a directly fetched document.
  • A single unified online tax-payment portal URL for Albany County delinquent/ current taxes (county .gov pages 403 on direct fetch).
  • Albany-County-specific (3rd JD) surplus-claim instruction sheet, if any (statewide NY Courts forms confirmed).
  • Published Albany County unclaimed in rem surplus list — none identified; abandoned surplus goes to the County, not the State Comptroller.
  • Title-insurance underwriters known to insure Albany County tax-deed title post-quiet-title (state-level list only).
  • Full primary text of the codified Disposition Plan (ecode360 #34961775) and Installment Payment law (#34957927) — both 403 on direct fetch; content from search summaries.
  • Manufactured housing, SCRA, and HOA special procedures at the county level.

cross_links: new-york, right-of-redemption, surplus-funds, quiet-title-after-tax-sale, land-bank-programs, tyler-v-hennepin-county, due-process-notice, kennedy-v-mossafa, macnaughton-v-warren-county, matter-of-foreclosure-of-tax-liens-seelbach-2024, bankruptcy-automatic-stay, federal-tax-lien-redemption, heirs-property, cercla-environmental-liens-federal

changelog:

  • 2026-06-02: Initial autoresearch draft. C0–C10 populated. Albany County runs an RPTL Art. 11 in rem foreclosure with the Commissioner of Management & Budget (Division of Finance) as Enforcing Officer; periodic online auction via Auctions International (AlbanyCoAuction.com; Spring 2026 = Apr 15–29, 2026, 90+ parcels, 8.77%/6% premium, $100-or-20% deposit). Surplus handled under RPTL §§ 1196–1197 and the County's updated Disposition Plan (File #25-141, adopted 4/14/2025); claims filed in Albany County Supreme Court (3rd JD, 16 Eagle St.). Active Albany County Land Bank ($1 conveyance + reverter) and a former-owner / adjacent-owner / Land Bank priority ladder ahead of public auction; environmentally sensitive parcels held at the judgment stage and sold by RBF. Verified local case: Matter of Foreclosure of Tax Liens by County of Albany (Phoenix of Albany), 2024 NY Slip Op 01139 (3rd Dept). Note: most albanycountyny.gov pages and ecode360 returned HTTP 403 / JS-challenge on direct fetch; those facts are sourced from search summaries and corroborating official/secondary pages and flagged in needs_verification where the underlying primary text was not directly retrieved.

Legal information, not legal advice. This page summarizes Albany County, New York operational procedures as of the last_verified date and may be incomplete or out of date. New York’s surplus regime under RPTL §§ 1196–1197 and Albany County’s updated Disposition Plan (adopted 2025) are recent and actively litigated. Verify against the cited primary sources and consult a licensed New York attorney before acting.

Graph View

Backlinks