Day — An elderly New Jersey couple is suing Saratoga County, charging that the county did not do enough to inform them that their camp property on Sacandaga Lake was being sold for back taxes.

According to the suit filed in state Supreme Court in Saratoga County, Gladys and Thomas Bilotta purchased the acre of vacant land in the town of Day in 1988.

Their attorney, Lawrence Hamilton of Saratoga Springs, said the couple and other family members would camp on the land during the summer.

Hamilton said the husband and wife are now in their 80s and have had major health problems in recent years.

He said they had moved several times and change of address forms never reached the county, which was sending tax bills to the wrong address.

Hamilton said the treasurer’s office should have tried harder to find the property owners in 2005, 2006 and 2007 before putting their camp on the auction block this past March for nonpayment of school and town taxes.

“The Bilottas didn’t become aware of the situation until they received a notice of foreclosure,” Hamilton said. “By then the only opportunity they had to save their land was if the county Board of Supervisors or Real Property Tax Committee granted an extension. But neither board would.”

The Bilotta land was one of 23 properties sold at auction this year.

Hamilton noted more than a dozen other properties that were initially set to be auctioned were pulled from the list when owners paid back taxes.

He said the Bilottas are still willing to pay the back taxes and penalties, and they would have done so before the property was auctioned.

The suit names the Day town assessor, Saratoga County, the county treasurer’s office and the successful bidder on the property, John Grady of Saratoga Springs.

Day Assessor Duane Nealon said he would not discuss the lawsuit, but he was puzzled as to why he has been named as a defendant.

“The tax collector and county are responsible for sending tax bills,” he said.

County Attorney Mark Rider was not in his office Thursday afternoon.

Hamilton wrote requesting the tax sale be nullified and Rider responded.

“While I sympathize with your clients’ plight, the foreclosure was conducted in accordance with the law,” Rider wrote.

Hamilton said no court date has been set. He said his clients are seeking only the return of their property.