Section 106. Powers of social services official to receive and dispose of a deed, mortgage, or lien

1. A social services official  responsible,  by
  or  pursuant to any provision of this chapter, for the administration of
  assistance or care granted or applied for may  accept  a  deed  of  real
  property  and/or  a  mortgage  thereon  on  behalf of the public welfare
  district for the assistance and care of a person at public  expense  but
  such  property  shall  not  be  considered  as public property and shall
  remain on the tax rolls and such deed or mortgage shall  be  subject  to
  redemption as provided in paragraph (a) of subdivision two hereof.
    2.  (a)  (1)  Until  such  property  or  mortgage is sold, assigned or
  foreclosed pursuant to law by the social services official,  the  person
  giving  such  deed or mortgage, or his estate or those entitled thereto,
  may redeem the same by the payment of  all  expenses  incurred  for  the
  support  of the person, and for repairs and taxes paid on such property,
  provided, however, that a social services  official  may  enter  into  a
  contract  for  such  redemption,  subject  to  the  provisions  of  this
  paragraph,  and  containing  such  terms   and   conditions,   including
  provisions  for  periodic  payments,  with  or  without interest, as the
  social services official shall deem appropriate, for an amount less than
  the full expenses incurred for the support of the person and for repairs
  and taxes paid on such property (hereinafter  called  a  "lesser  sum"),
  which  lesser  sum shall in no event be less than the difference between
  the appraised value of such property and the total of  the  then  unpaid
  principal  balance  of  any recorded mortgages and the unpaid balance of
  sums secured by other liens against such property.
    (2) In the case of a redemption for a lesser sum, the social  services
  official  shall  obtain  (i) an appraisal of the current market value of
  such property, by an appraiser acceptable to both parties,  and  (ii)  a
  statement  of  the  principal balance of any recorded mortgages or other
  liens against such property (excluding the debt  secured  by  the  deed,
  mortgage or lien of the social services official). Any expenses incurred
  pursuant  to  this  paragraph  shall  be audited and allowed in the same
  manner as other official expenses.
    (3) Every redemption contract for any lesser sum shall be approved  by
  the  department  upon  an  application  by  the social services official
  containing the appraisal and statement required by subparagraph  two,  a
  statement  by  the  social services official of his reasons for entering
  into the contract for such lesser sum and any other information required
  by regulations of the department.
    (4) So long as the terms  of  the  approved  redemption  contract  are
  performed, no public sale of such property shall be held.
    (5)  The  redemption  for  a  lesser sum shall reduce the claim of the
  social services official against the recipient on the  implied  contract
  under  section  one hundred four of this chapter or under any other law,
  to the extent of all sums paid in redemption.
    (b) In order to allow a minimum  period  for  redemption,  the  public
  welfare official shall not sell the property or mortgage until after the
  expiration  of  one year from the date he received the deed or mortgage,
  but if unoccupied property has not been redeemed within six months  from
  the  date  of  death  of  the  person who conveyed it to him by deed the
  public welfare official may thereafter, and  before  the  expiration  of
  such year, sell the property.
    (c)  Except  as  otherwise provided in this chapter, upon the death of
  the person or his receiving institutional care, if the mortgage has  not
  been redeemed, sold or assigned, the public welfare official may enforce
  collection  of  the  mortgage  debt  in  the  manner  provided  for  the
  foreclosure of mortgages by action.

    (d) Provided the department shall have given its approval in  writing,
  the  public  welfare  official may, when in his judgment it is advisable
  and in the public interest, release a part of the property from the lien
  of the mortgage to permit, and in consideration of,  the  sale  of  such
  part  by  the  owner  and the application of the proceeds to reduce said
  mortgage or to satisfy and discharge  or  reduce  a  prior  or  superior
  mortgage.
    (e)  While real property covered by a deed or mortgage is occupied, in
  whole or in part, by an aged, blind or disabled person who executed such
  deed or mortgage to the social services official for old age assistance,
  assistance to the blind or aid to the disabled granted  to  such  person
  before January first, nineteen hundred seventy-four, the social services
  official  shall  not sell the property or assign or enforce the mortgage
  unless it appears reasonably certain that the sale or other  disposition
  of the property will not materially adversely affect the welfare of such
  person.  After  the death of such person no claim for assistance granted
  him shall be enforced against any real property while it is occupied  by
  the surviving spouse.
    (f)  Except  as  otherwise  provided,  upon  the death of a person who
  executed a lien to the social services official in return  for  old  age
  assistance, assistance to the blind or aid to the disabled granted prior
  to  January first, nineteen hundred seventy-four, or before the death of
  such person if it appears reasonably certain  that  the  sale  or  other
  disposition  of  the  property  will not materially adversely affect the
  welfare of such person, the social services official  may  enforce  such
  lien  in the manner provided by article three of the lien law. After the
  death of such person the lien may not be enforced against real  property
  while it is occupied by the surviving spouse.
    3.  The  sale  of  any  parcel  of  real  property or mortgage on real
  property by the public welfare official, under the  provisions  of  this
  section,  shall  be made at a public sale, held at least two weeks after
  notice thereof shall have been published in a newspaper having a general
  circulation in that section of the county in which the real property  is
  located.  Such  notice  shall  specify the time and place of such public
  sale and shall contain a brief description of the premises to  be  sold,
  or  upon which the mortgage is a lien, as the case may be. Unless in the
  judgment of the public welfare official,  it  shall  be  in  the  public
  interest  to  reject  all bids, such parcel or mortgage shall be sold to
  the highest responsible bidder.
    4. Any inconsistent provision of this chapter  or  of  any  other  law
  notwithstanding,  a  social  services  official may not assert any claim
  under any provision of  this  chapter  to  recover  payments  of  public
  assistance   if   such   payments   were  reimbursed  by  child  support
  collections.