USA Foreclosure Wiki

Monroe County, NY

16 min read

Monroe 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 Monroe County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

  • County seat: Rochester, NY
  • Population: ~759,443 (2020 Census)
  • FIPS: 36055
  • Recording unit: county
  • Parent legal framework: new-york
  • Judicial district: 7th Judicial District, New York State Unified Court System
  • Note: The City of Rochester (within Monroe County) conducts its own separate in rem tax foreclosure auction under Rochester Administrative Code §§ 106-3 et seq. and RPTL Art. 11 — that process is city-run, typically held in November, and is distinct from the Monroe County Treasurer’s annual September auction documented here.

C1. Local Tax Sale

  • Conducts own sale? Yes. Monroe County (via the Director of Finance / County Treasurer) conducts an annual in rem tax foreclosure auction under RPTL Art. 11 and Monroe County Local Law Chapter 635 (In Rem Tax Foreclosure Act). Source: Monroe County Finance-Treasury · Monroe County Chapter 635 (eCode360)

  • Platform: County-run, in-person public auction. No third-party online vendor platform has been identified for the county’s own in rem auction. (The secondary source Tax Lien School lists “Auctions International” as the platform — that reference appears to conflate Rochester city auctions with county auctions; the 2025 county auction documents reference the county itself as the conducting entity with David Mullins, Assistant County Treasurer, appointed as referee — not a commercial auction vendor.) needs_verification: confirm whether any third-party online platform (Auctions International or other) is used for the County auction. 2025 Terms of Sale PDF

  • Calendar: Annual; typically held in September (Year 3 of delinquency — after taxes are delinquent approximately 28 months). The 2025 auction was held September 16, 2025 at 9:30 a.m., with pre-bidding registration opening at 8:30 a.m. Source: Monroe County Reporter — 2025 foreclosure notice (April 16, 2025) · 2025 Terms of Sale PDF

  • Location: International Arrivals Hall, Frederick Douglass Greater Rochester International Airport, 1200 Brooks Avenue, Rochester, NY 14624 (confirmed for the 2025 auction).

  • Delinquency timeline (28-month process):

    1. April — courtesy notice of balance owed
    2. May — notice of non-payment through 4th installment
    3. July — notice before August 20 delinquency declaration
    4. September (Yr 1) — post-delinquency notice
    5. December (Yr 1) — year-end reminder
    6. June (Yr 2) — continuing-delinquency notice
    7. September (Yr 2) — eligible for county foreclosure notice
    8. December (Yr 2) — year-end reminder
    9. May–June (Yr 3) — additional notice
    10. June–July (Yr 3) — notice from foreclosure attorney; auction in September Yr 3 Source: monroecounty.gov/finance-treasury

  • 2025 Foreclosure Action: On March 24, 2025, Monroe County filed its list of delinquent parcels with the Monroe County Clerk under RPTL Art. 11 / Chapter 635, commencing the in rem proceeding. Redemption deadline: July 7, 2025. Answer period: 20 days following July 7. Source: Monroe County Reporter, April 16, 2025

  • Delinquent list location: Filed with Monroe County Clerk (39 W. Main St., Room 101, Rochester, NY 14614) and with the Director of Finance; certified copies on file in the Director of Finance’s office and local tax collectors in each town, city, or village for public inspection through the redemption deadline. Source: Henrietta NY — Public Notice of Foreclosure · Chapter 635

  • Registration & deposit: $5,000 per winning bid, payable immediately at the auction by cash, bank check, or attorney’s trust check. Remaining balance due the following week. No pre-qualification required, but registered bidder is allowed one guest only. Source: 2025 Terms of Sale PDF (PDF is scanned image; text confirmed via 2025 search-result summaries)

  • Rate within statutory range: 1% per month (12%/year) per RPTL § 924-a (state default). No county deviation from the state rate has been identified. Source: new-york parent page.

  • Bidder requirements: Valid government-issued photo ID; $5,000 deposit per parcel; single guest per registered bidder; no pre-qualification. Properties sold as-is.

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

  • Where/how to redeem: Contact the Monroe County Treasury Division, Room B2, County Office Building, 39 W. Main Street, Rochester, NY 14614. Phone: 585-753-1200. Pay all unpaid taxes, interest (1%/month), penalties, and action costs computed through the redemption date to the Director of Finance. Source: monroecounty.gov/finance-treasury

  • Local deadline (2025): July 7, 2025 (for parcels in the March 24, 2025 filing). General rule: last day for redemption as set in the filed petition of foreclosure, which equals approximately 28 months from initial delinquency. This is within the RPTL § 1110 two-year default window.

  • Installment option: Qualifying owners may enter an agreement with the Director of Finance to pay delinquent taxes in installments, but the agreement must be initiated before the redemption deadline. Legislative removal of a parcel from the foreclosure list requires meeting specific criteria (validity of lien question, repayment agreement, bankruptcy, court order, or hazardous waste designation). Source: monroecounty.gov/finance-treasury · Chapter 635

  • Certificate of redemption: Upon redemption, the Director of Finance issues a certificate of redemption; filing with the County Clerk cancels the notice of pendency as to that parcel. Source: Chapter 635

  • Redemption contact:

    • Office: Monroe County Treasury Division
    • Address: County Office Building, Room B2, 39 W. Main St., Rochester, NY 14614
    • Phone: 585-753-1200
    • Email: [email protected]
    • Contact: David Mullins, Assistant County Treasurer Source: monroecounty.gov/finance-treasury

  • Deviations from state default: The Chapter 635 local law uses “Director of Finance” as the enforcing officer (equivalent to the statutory enforcing officer / county treasurer). Monroe County shortens neither the 2-year redemption default nor invokes the § 1111-a vacant-and-abandoned 1-year reduction — needs_verification on whether Monroe County has adopted a vacant/abandoned registry under RPTL § 1111-a.

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

  • Claim filing venue: The in rem foreclosure court — Monroe County Supreme Court (7th Judicial District). Per Chapter 635: the appointed referee deposits surplus “in trust with the office of the director of finance” pending court order for distribution. The formal claim is filed in the same court that entered the judgment of foreclosure, consistent with RPTL § 1197 / RPAPL Art. 13 surplus-money procedure.

  • Holding entity: Director of Finance / Monroe County Treasurer (Room B2, 39 W. Main St., Rochester, NY 14614; 585-753-1200) holds surplus in trust pending court distribution order. needs_verification: confirm exact internal account or process for tracking held surplus balances.

  • Surplus determination timeline: Within 45 days after the sale, the referee (here, the Assistant County Treasurer, David Mullins) must determine whether a surplus exists per RPTL § 1196. Source: new-york parent (RPTL § 1196).

  • Claim form: NY Courts provides statewide forms for in rem tax foreclosure surplus claims:

  • Claim deadline: Written claim must be filed before confirmation of the referee’s report of sale. For residential properties, the proceeding remains open at least 3 years from confirmation (RPTL § 1197 per new-york).

  • Abandoned surplus: Per Chapter 635, abandoned surplus is paid to Monroe County (not the State Comptroller) consistent with RPTL § 1197 / Monroe County local law. Source: Chapter 635 — surplus to Monroe County, not state comptroller

  • Unclaimed-funds list published? needs_verification — No Monroe County-specific published unclaimed surplus list has been identified. Under Chapter 635 the Abandoned Property Law applies to such surplus “except that payment of abandoned surplus after prescribed proceedings shall be made to Monroe County rather than the state comptroller.”

  • Contact for surplus claims:

    • Monroe County Treasury: 585-753-1200 (David Mullins, Assistant County Treasurer)
    • Monroe County Supreme Court Clerk: 585-371-3758

▸ For Investors / Operators — Monroe County conducts an annual in rem tax foreclosure auction — confirmed in person at the International Arrivals Hall, Frederick Douglass Greater Rochester International Airport, typically in September (2025: September 16 at 9:30 a.m.). Deposit is $5,000 per parcel in cash, bank check, or attorney’s trust check at the time of the sale; the remaining balance is due the following week. Properties are sold as-is under a referee’s deed. The 28-month delinquency timeline (Yr 1 April → Yr 3 September auction) defines the acquisition calendar. Redemption deadline runs to approximately month 28 (e.g., July 7, 2025 for the 2025 action). Note the City of Rochester runs a separate, parallel in rem auction each November — the two programs are distinct. Review new-york §5b and §7b for the marketable-title path and surviving-lien exposure before bidding.

▸ For Former Owners — Surplus from Monroe County’s in rem auction is deposited in trust with the Director of Finance / Monroe County Treasury (County Office Building, Room B2, 39 W. Main St., Rochester; 585-753-1200) pending a court distribution order from the Monroe County Supreme Court (7th Judicial District; 99 Exchange Blvd., Hall of Justice, 5th Floor, Room 545, Rochester; 585-371-3758). Use the statewide Notice of Claim to Surplus Monies form (nycourts.gov/forms/foreclosure/) and file before confirmation of the referee’s report of sale. For residential properties, the proceeding remains open at least 3 years from confirmation (RPTL § 1197). Under Chapter 635, abandoned surplus is paid to Monroe County (not the State Comptroller), so contact the County Treasury for any funds not yet adjudicated.

C4. Offices & Contacts

OfficeNameAddressPhoneURL
Treasury / Director of Finance (Enforcing Officer)Jennifer Cesario, CFO; David Mullins, Asst. County Treasurer (Referee)County Office Building, Room B2, 39 W. Main St., Rochester, NY 14614585-753-1200monroecounty.gov/finance-treasury
County Clerk (deed recording; in rem list filing)Jamie Romeo39 W. Main St., Room 101, Rochester, NY 14614585-753-1600monroecounty.gov/clerk
Real Property Tax ServiceAmy Grande, Director304 County Office Building, 39 W. Main St., Rochester, NY 14614585-753-1125monroecounty.gov/property
Monroe County Supreme Court (surplus claims; in rem court)—Hall of Justice, 99 Exchange Blvd., 5th Fl., Room 545, Rochester, NY 14614585-371-3758nycourts.gov — 7JD Monroe
Sheriff (mortgage foreclosure referee sales)Todd K. Baxter130 S. Plymouth Ave., Rochester, NY 14614585-753-4178monroecountysheriff-ny.gov

Note on mortgage foreclosure referee sales: In Monroe County, court-appointed referees (not the Sheriff) conduct RPAPL Art. 13 mortgage foreclosure public auctions. Law firms such as Davidson Fink LLP (585-546-6448) serve as appointed referees. Sales are published and conducted per the 7th JD’s Amended Foreclosure Auction Plan. needs_verification: The Sheriff has no direct role in conducting auction sales in Monroe County for either tax or mortgage foreclosures.

C5. Local Procedure Notes

  • Chapter 635 — Monroe County In Rem Tax Foreclosure Act: Local law codifying RPTL Art. 11 procedures for Monroe County. Key local features:

    • “Director of Finance” serves as the enforcing officer (equivalent to county treasurer for RPTL purposes).
    • Surplus deposited in trust with the Director of Finance, not held by the court directly, pending a court distribution order.
    • Abandoned surplus goes to Monroe County, not the State Comptroller.
    • Installment agreements authorized through the Director of Finance. eCode360 Chapter 635

  • Chapter 673 — Tax Act: Separate Monroe County local law also governs aspects of tax collection. eCode360 Chapter 673 needs_verification: full text of Chapter 673 not directly retrieved (ecode360 returned 403 on direct fetch); contents not verified beyond search summaries.

  • City of Rochester separate process: The City of Rochester (within Monroe County) conducts its own in rem tax foreclosure auction annually in November, in-person, with the same $5,000 deposit requirement. The City auction is entirely separate from the County’s September auction. The City’s auction is overseen by the City’s Treasury Bureau / Division of Real Estate. City of Rochester Tax Foreclosure Auctions

  • Town/village tax collection: Initial town and county taxes are collected by each town receiver of taxes. School taxes are collected by school district treasurers. Delinquent levies are returned to Monroe County after the collection period, at which point the County assumes collection.

  • Redemption period confirmation: Monroe County’s 28-month delinquency timeline (redemption deadline in ~month 28) is consistent with RPTL § 1110’s 2-year default from the lien date, with filing of the in rem petition by month 21 (RPTL § 1123). No local shortening of the 2-year period has been documented (no vacant-and-abandoned registry confirmed). See new-york for statutory citations.

  • Notable quirk — in-person auction at airport: Monroe County uses the International Arrivals Hall at Frederick Douglass Greater Rochester International Airport as the auction venue.

C6. Records Access

C7. Meta

sources:

needs_verification:

  • Whether any third-party online auction platform (e.g., Auctions International) is used for the County in rem auction — search results and secondary sources mention Auctions International, but official 2025 documents reference the County Treasurer/David Mullins as referee with no vendor named; the Auctions International reference may be for a different county or historical sale.
  • Whether Monroe County has adopted a vacant-and-abandoned property registry under RPTL § 1111-a that would shorten the redemption period to 1 year for such parcels.
  • Full text of Chapter 635 (eCode360 returned HTTP 403 on direct fetch; provisions confirmed via search-result summaries and news articles citing the statute’s text).
  • Full text of Chapter 673 (Tax Act) not retrieved.
  • The 7th JD-specific in rem surplus claim instructions (nycourts.gov/courts/7jd/… surplus_monies.pdf returned HTTP 403); confirmed URL via search. Whether these local instructions differ from the statewide form set has not been directly verified.
  • Exact process for accessing Monroe County’s post-2024 RPTL § 1196 surplus determinations — no county-specific portal or publication mechanism identified.
  • Monroe County Supreme Court address confirmed via multiple search-result summaries at 99 Exchange Blvd., Hall of Justice, 5th Floor, Room 545; not confirmed by a direct page fetch (nycourts.gov pages returned 403).
  • Current officer name for Monroe County Supreme Court Clerk.
  • Whether the Sheriff (Todd K. Baxter) has any role in conducting tax or mortgage foreclosure sales — search results suggest referee model (not sheriff) for both sale types in Monroe County, NY.

cross_links: new-york, right-of-redemption, surplus-funds, 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

changelog:

  • 2026-06-02: Initial autoresearch draft. C0–C7 populated from Monroe County official pages (finance-treasury, clerk, gis, sheriff, property), Monroe County Reporter news article (2025 filing), Town of Henrietta re-posted public notice, and NY Courts forms index. Key local facts confirmed: September auction at airport, $5,000 deposit, David Mullins as referee, redemption to Director of Finance, surplus held by Director of Finance pending court order (Chapter 635). City of Rochester separate auction noted. Honest gaps flagged in needs_verification.

▸ For Investors / Operators — Monroe County conducts an annual in rem tax foreclosure auction — confirmed in person at the International Arrivals Hall, Frederick Douglass Greater Rochester International Airport, typically in September (2025: September 16 at 9:30 a.m.). Deposit is $5,000 per parcel in cash, bank check, or attorney’s trust check at the time of the sale; the remaining balance is due the following week. Properties are sold as-is under a referee’s deed. The 28-month delinquency timeline (Yr 1 April → Yr 3 September auction) defines the acquisition calendar. Redemption deadline runs to approximately month 28 (e.g., July 7, 2025 for the 2025 action). Note the City of Rochester runs a separate, parallel in rem auction each November — the two programs are distinct. Review new-york §5b and §7b for the marketable-title path and surviving-lien exposure before bidding.

▸ For Former Owners — Surplus from Monroe County’s in rem auction is deposited in trust with the Director of Finance / Monroe County Treasury (County Office Building, Room B2, 39 W. Main St., Rochester; 585-753-1200) pending a court distribution order from the Monroe County Supreme Court (7th Judicial District; 99 Exchange Blvd., Hall of Justice, 5th Floor, Room 545, Rochester; 585-371-3758). Use the statewide Notice of Claim to Surplus Monies form (nycourts.gov/forms/foreclosure/) and file before confirmation of the referee’s report of sale. For residential properties, the proceeding remains open at least 3 years from confirmation (RPTL § 1197). Under Chapter 635, abandoned surplus is paid to Monroe County (not the State Comptroller), so contact the County Treasury for any funds not yet adjudicated.

Legal information, not legal advice. This page summarizes Monroe 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 is new (2024) and actively litigated. Verify against cited primary sources and consult a licensed New York attorney before acting.

Graph View

Backlinks