June 13, 2006
Congratulations on your purchase of real estate through the New York City Department of Citywide Administrative Services (DCAS) public auction program! We look forward to working with you to complete the sales transaction.
This package provides instructions to complete the forms required to process your sale. It supplements the Terms and Conditions of Sale and any applicable special conditions and/or restrictions that are described in the auction brochure.
If you have any questions about the information in this package, require additional forms, or wish to make an appointment to meet with a sales manager, please contact our office at (212) 669-8888, Monday through Friday between 9 a.m. and 5 p.m. In order for us to assist you more efficiently, always reference the auction date and parcel number of the property you purchased when contacting our office.
The chart below lists the forms and/or materials you may be required to complete and submit. The due dates are also listed. A brief description of each item and a sample of several of the completed forms are provided on the following pages:
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Materials to Submit:
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Who Must Submit:
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Due By:
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Further Details:
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Verified Statement and Tax Affidavit (VSTA)
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All purchasers and assignees.
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June 27, 2006
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Brochure
Page 49
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Application for Assignment
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Purchasers intending to assign sales contract on the property to someone else or include another party in the sales contract.
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June 27, 2006
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Brochure
Page 50
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Business Entity Materials
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Any purchaser that is not an individual, e.g., a corporation, partnership, joint venture or syndication.
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June 27, 2006
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Brochure
Page 49
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Title Report
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Purchasers intending to file an objection to title.
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July 28, 2006
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Brochure
Pages 52-53
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Mortgage Application
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Purchasers intending to apply for a City mortgage.
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July 28, 2006
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Brochure
Pages 50-51
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Balance Payment
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All purchasers except those applying for a mortgage.
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July 28, 2006
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Brochure
Page 50
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VERIFIED STATEMENT AND TAX AFFIDAVIT (VSTA)
This form, which was provided to you at the auction, is a sworn affidavit to be signed and notarized. It enables DCAS to certify your eligibility to purchase property from the City ofNew York. All successful bidders and assignees of the property being purchased, and individuals with a 20% or greater interest as successful bidders and assignees, are required to submit a Verified Statement and Tax Affidavit within fourteen (14) calendar days from the date of sale. Please refer to Paragraphs 2 and 3 of the Terms and Conditions of sale for details.
You must submit a separate VSTA form for each parcel you are purchasing.
Question 10 on the form requires you to provide a listing of all properties in which you have a 20% or greater ownership interest. For information concerning your tax history, you may contact the Department of Finance or visit the DOF website at nyc.gov/dof. For information regarding water charges, contact the Department of Environmental Protection or visit the DEP website at nyc.gov/dep.
Question 11A refers to the property purchased at this auction. Questions 11B, 12A and 12B require detailed disclosure of all previous real estate dealings with the City of New York.
APPLICATION FOR ASSIGNMENT OF MEMORANDUM OF SALE
This form is used if you wish to assign your sales contract on the property to someone else or include another party in the purchase. For instance, if your spouse did not attend the auction and you wish to include his/her name on the deed, you may assign the sales contract of the property from you to yourself and your spouse. You must submit an application for assignment no later than fourteen (14) days from the date of sale. Assignments are subject to the approval of DCAS. See Paragraph 5 of the Terms and Conditions of Sale as described in the auction brochure for details regarding the assignment process.
Please be advised that there is a $200 non-refundable fee required for the submission of an Assignment Form. This fee must be made in the form of official bank check, certified check, bank money order or postal money order made payable to the NYC/DCAS/DRES.
In addition to submitting an Assignment Form and $200 fee, both the purchaser (the assignor) and the new party (the assignee) must complete and submit a Verified Statement and Tax Affidavit and, if applicable, comply with the Business Entity Requirements (see page 3, below). Unless the Assignment Form is rejected, both the assignor and assignee are responsible for complying with all Terms and Conditions of Sale. Should the assignor OR the assignee not comply with the contract, ALL parties will be declared in default pursuant to the Terms and Conditions of Sale.
BUSINESS ENTITY MATERIALS
Requirements for business entities vary depending on whether your business is a Partnership or Sole Proprietorship, a Corporation, or a Limited Liability Entity. All materials are due within fourteen (14) days from the date of sale. Below is a description of the required forms and documents for each type of business entity:
Partnership or Sole Proprietorship:
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Verified Statement and Tax Affidavit (VSTA) form must be completed by all members of the partnership or sole proprietorship. If the purchaser is a partnership, then a VSTA must be completed on its behalf;
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Original certified Business Certificate, certificate must be certified by the County Clerk ’s Office;
Corporation:
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Verified Statement and Tax Affidavit (VSTA) form must be completed for the corporate entity, and for all principals with a 20% or more interest in the corporation;
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Resolution of the Board of Directors, certified by the Secretary of the Corporation to show that it was duly adopted by the Board and affixed with the corporate seal, which includes the following information:
1) Resolves that the Corporation is authorized to purchase the property. Please reference the property parcel number, borough, block and lot number, and auction date;
2) Authorizes a specific individual(s) to make payments and execute all documents at the closing on behalf of the Corporation; (See sample forms on Pages 23 and 24)
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Incumbency Certificate, signed by the Secretary of the Corporation and affixed with the corporate seal, which lists the corporate officers and their respective percentage ownership interest in the Corporation. The signature of all corporate officers should be included in this document; (See sample form on Page 25)
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Original Certificate of Good Standing (short form), which verifies the corporations status as having been duly formed and in good standing with the State of New York. Copies can be obtained from the New York Department of State, Division of Corporate & State Records, (518) 473-2492, website address: www.dos.state.ny.us
Limited Liability Entity:
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Verified Statement and Tax Affidavit (VSTA) form must be completed for the limited liability entity, and for all members of the limited liability company with a 20% or more interest in the company, or all partners of the limited liability partnership;
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Original Certificate of Good Standing (short form), which verifies the corporations status as having been duly formed and in good standing with the State of New York. Copies can be obtained from the New York Department of State, Division of Corporate & State Records, (518) 473-2492; website address: www.dos.state.ny.us.
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Copy of the executed Operating Agreement and the copy of the executed Articles of Organization for the Limited Liability Entity.
TITLE REPORT
Any objections to title must be submitted in the form of a title report issued by a title company within forty-five (45) days from the Date of Sale. Please refer to Paragraph 21 of the Terms and Conditions of Sale as described in the auction brochure for details.
Requests for an extension of time to submit a title report must be submitted in writing to DCAS within forty-five (45) days from the date of sale. The request should be accompanied by written confirmation from your title company that an application for a title report has been received. A request for an extension of time to submit a title report does not constitute grounds for suspension of the balance payment.
The submission of title objections does not relieve the Purchaser of any responsibility to comply with ALL obligations under the Terms and Conditions of Sale including, but not limited to, the timely submission of the balance payment, mortgage applications and affidavits.
BALANCE PAYMENT
The balance payment on your purchase is due within forty-five (45) calendar days from the date of sale. Alternatively, if the sales price is more than $20,000 and you wish to apply for a City mortgage, you must submit a mortgage application along with the appropriate balance payment and application fee by the balance payment deadline (see Terms and Conditions of Sale for full details). Please be advised that failure to do so will result in a default on the sale pursuant to Paragraph 19 of the Terms and Conditions of Sale.