Q: What title search is provided, and will I get title insurance?
A: The County posts its tax‑enforcement title search online. Some title companies don’t fully understand in rem tax foreclosure. If your title company finds a County notice error, the County will vacate the action and re‑auction. Inability to obtain title insurance, by itself, does not entitle you to a deposit refund.
Q: How does notice work for tax foreclosure?
A: New York’s tax foreclosure is in rem (against the property)—not in personam (against the person). The County executes extensive mailings, public postings, and newspaper ads across months. Landlord‑tenant issues and estates (including cases handled by the Surrogate’s Court) are covered in those processes; the County goes to significant lengths to notify any potentially interested parties.
Q: Why is the auction online rather than live?
A: Following Tyler v. Hennepin County and changes to New York tax law, Albany County uses public auctions to determine market value for surplus distribution to former owners while ensuring broad bidder access (online avoids certain participation restrictions associated with in‑person events).
Important! Title Insurance Information
Why do I need a title search/insurance?
Liens are placed on properties to satisfy outstanding debts when the property is sold. A title search is the process of reviewing all relevant records to confirm that the seller is the legal owner and that no liens or other claims remain on the property.
The County forecloses on delinquent real property tax lien foreclosure auction properties and conveys title based on their local assessment roll descriptions. Purchasers of these properties receive a “quit claim” deed, which transfers only the right, title, and interest that the County acquired through the foreclosure process.
Although the foreclosure process generally eliminates all prior interests (with limited exceptions) and liens on the property, prospective purchasers are strongly encouraged to conduct a title search to verify that this is the case and to confirm that the County will be conveying clear title.
Title insurance is available at an additional cost through the entity that performs the title search. This insurance provides protection to the purchaser with respect to the property’s title.
Please read the Terms and Conditions carefully for more information. The County does not guarantee title, property size, boundaries, actual location, permitted use, zoning, or physical condition. All properties are sold “AS IS” and “WHERE IS.”