Release or subordination of lien
If a tax warrant has been filed against you for past-due tax debt, you may have difficulty selling your real property, or obtaining a loan using your real property as collateral.
A tax warrant creates a lien on real and personal property, and this can block you from selling or transferring your property with a clear title (one free of any liens) to a potential new owner until the warrant is paid in full. See Pay a bill or notice for payment options. If you require a warrant payoff letter, see Tax warrants.
Under certain circumstances, New York State may grant you a release of lien or subordination of lien if you are unable to pay your warranted balance in full.
- A release of lien is a document that releases New York State’s interest in a specific piece of property so it can be transferred to a new owner.
- A subordination of lien is an agreement between New York State and a lender, where we agree to prioritize the lender's lien over ours.
We will only grant your request for a release of lien or subordination of lien if it is in the best interest of New York State.
Who may request
You may request a release of lien if you:
- have a tax warrant filed against you,
- are selling real or personal property, and
- the proceeds from the sale will not be enough to pay your warranted balance in full.
You may request a subordination of lien if you:
- have a tax warrant filed against you, and
- are attempting to refinance or secure a loan using your property as collateral.
What to submit
If you are requesting a release of lien
- a power of attorney for the legal representative (if applicable)
- a letter requesting the release that includes:
- the circumstances of the sale
- the amount you will offer to New York State in exchange for the release
- a description of all additional real property you own, and the amount of equity in such property
- a proposed closing date
- a pre-closing statement showing the total selling price and distribution of all money (to whom and for what purpose)
- the payoff letters from the lienholder (on their letterhead) for all senior lienholders being paid at closing
- the discharge letters for all senior lienholders who are not being paid at closing
- a complete title search covering the last 10 years
- a copy of the deed that includes a description of the property
- a current appraisal with comparisons
- a copy of the signed and dated contract for the sale of the property
If you are requesting a subordination of lien
- a power of attorney for the legal representative (if applicable)
- a letter requesting the subordination that includes:
- an explanation of your circumstances
- an explanation of how New York State will benefit from the transaction
- the amount of money you will offer New York State
- an explanation of how you will repay the balance
- a copy of your most current mortgage statement
- a copy of the new proposed loan agreement, including details identifying the new lender
- a statement showing how any proposed proceeds will be disbursed
- the payoff letters from all senior lienholders of secured debt
- the subordination letters for any senior lienholders not being paid at closing
- a complete title search covering the last 10 years
- a copy of the deed
We will not consider your request until you submit all required documents.
To expedite the review process:
- send all documents together, and
- send only current documents dated within the last six months.
Where to send your request
Mail your request and all required documents to:
NYS TAX DEPARTMENTCED COMPLIANCE ASSISTANCE TEAMW A HARRIMAN CAMPUSALBANY NY 12227If you are sending by private delivery service, mail to:
NYS TAX DEPARTMENTCED COMPLIANCE ASSISTANCE TEAM90 COHOES AVEGREEN ISLAND NY 12183-1515We will call you or your legal representative (if applicable) to acknowledge we have received your request. If needed, we will request additional documentation.