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Home » Mortgage Foreclosure » Liability For Real Estate Taxes After Foreclosure

Liability For Real Estate Taxes After Foreclosure

ByJon Alper July 18, 2008May 22, 2020

If you plan to walk away from a house and let your mortgage lender foreclose, do you continue to pay property taxes? This is a question often asked by homeowners who own property worth less than the mortgage balance. People are concerned that they will remain personally liable for unpaid property taxes after the bank foreclosure.

The general legal rule is that taxes on real property are assessed only against the property itself and not the owner. Taxes on personal property are the owner’s personal liability. Practically, if a property owner does not pay real estate taxes the government’s remedy is to put a lien on the property and sell the tax certificate at public auction. The purchaser of the tax certificate at the tax auction pays the unpaid property taxes to purchase the certificate so that there is no longer any liability owed to the government. If a mortgage company takes back the property at foreclosure sale its title is subject to real estate tax liability. When the mortgage lender subsequently sells the property the purchaser of the property must pay all outstanding tax liability in order to get clear title.

For these reasons, I do not think a homeowner is personally liable to pay real estate taxes, and other attorneys have expressed similar views. I recommend to clients that they do not pay real estate taxes once they make the decision to permit their lender to foreclose. A lender offering a deed in lieu of foreclosure could demand that all taxes be paid as part of the negotiation.

Last updated on May 22, 2020

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Jon Alper

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      • Business Entities
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      • LLC Operating Agreement
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    • Offshore Planning
      • Nevis LLC
      • Offshore Bank Accounts
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    • Judgment Collection
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
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      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
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      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
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