Q&A: Losing Home to Tax Sale

Q. I am behind on my property taxes and wonder can someone just pay my taxes and take my house? Surely that is not possible, but a friend has warned me that it is something I should be worried about.

A. The short answer is YES, you can lose your home because you did not pay the property taxes. However, it is not something which could happen without you receiving notice and having ample time to resolve the problem. Let me explain.

While it is true that a person can lose their home because they failed to pay the property taxes, that usually will not become an issue unless you are at least 2 or more years past due with the taxes. Property taxes are mandated under state or local municipal law and are collected by an office which has the authority to do so. The name of the office may be tax assessor or tax collector or similar. In addition to collecting taxes when due, this same office has the authority to:

1. Place a lien against any property owner who has not paid the appropriate taxes for an extended period of time (and the amount of time will vary from municipality to municipality, set by local law)
2. Notify the owner that the property will be made available for sale due to unpaid taxes, if the problem is not corrected within a specified period of time
3. Proceed to offer the property for sale at an auction specifically for the purpose of collecting unpaid taxes
4. Advertise the availability of the property for past due taxes and complete the sale at the designated time

*Some folks have gotten wealthy by acquiring property in this manner because the prior owner was not aware of their redemption rights.

Many states have a redemption period during which you can reclaim your property by re-paying the amount of the tax bill, court costs and any other applicable costs. This redemption period may be as short as 6 months or as long as 2 years. You will need to check the statutes in your city/state. It is important that you keep abreast of your tax situation, even if you are not able to make the regular mortgage payment.

My experience has taught me that the individual most likely to be unaware that their taxes have not been paid is someone who had a mortgage with taxes included as an escrow item and then refinanced.

When they processed the refinancing, no escrow account was set up for the payment of the taxes so the individual who has not been in the habit of paying taxes simply ignores the tax BILLS they have been receiving believing that they are the tax NOTICES/RECEIPTS which they are accustomed to getting. Their taxes fall further and further behind until the appropriate authority utilizes the process outlined above to collect the taxes.

Please take the time immediately to verify your actual tax situation; you may even be able to make partial payments to the taxing authority to avoid losing your home in this manner. Yes, you may have the right to get it back, but better to keep it in the first place.

Good luck!

Copyright © 2009, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

WORD: Assessed Value

And the WORD for Today Is...

Assessed Value – is the value placed on a property by the tax assessor for the purpose of collecting property taxes. Due to the sheer volume of assessments which must be conducted, it is not uncommon to find mistakes in either the calculations or in the property description. Likewise, there may not be adjustments for exemptions the property owner is entitled to receive. It is a good practice to always carefully review the entire assessment, beginning with the description of your property. The assessor’s office may not be pleased to have you do so, but there is a process to challenge the assessment if you believe it is in error. Things to verify: accurate square footage, components of the house (number of bedrooms, bath, garage bays, etc), type and quantity of exterior material (home is all vinyl but shows assessment for brick front property). If you believe an error has been made assume it was an honest mistake, remain polite but work aggressively to get it corrected.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

Q&A: Appraisal Disappointment

Q. I want to re-finance my house and the appraisal came back significantly lower than I had expected. My broker says I can’t refinance now because of the low appraisal. How can I get another appraisal from another bank?

A: Sometimes when you answer literally the question which has been asked, you miss providing the information the person is really seeking. I will try to address both what you asked and what I think you are trying to get to.

Can you get an appraisal from another bank? The simple answer is “yes, you can.” By applying for a re-finance at another institution they will require you to pay another appraisal fee and they will also order an appraisal.

I am going to go out on a limb and assume that you mean by “the appraisal came in low” that it came back for less than the amount you had hoped for in order to cover expenses and make it worthwhile for you.

If your real goal is to find out what the value of your home is, there are several recommendations I would make which could accomplish that:

1. Find an independent appraiser and pay for an appraisal of the home, on your own—without an order from a bank
2. Select one or two competent, experienced real estate agents in your area and request a Complimentary CMA (Comparative Market Analysis) or BPO (Broker Price Opinion). Agents are usually happy to do this since they hope you will give them a listing later or at least a referral to someone else
3. Check the tax records on your home to see what valuation is used by the local Tax Assessor

Our current financial crisis was caused, in large part, by inflated appraisals; many of those were associated with re-finances. Lenders across the country are now being ultra-conservative and you are not likely to find anyone who is willing to refinance unless you have equity in the home which can be clearly demonstrated with an appraisal. Marginal values are not going to cut it.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

Q&A: Landlord in Foreclosure

Q: I have been renting a wonderful house for the past 8 months and really like the neighborhood. My landlord was really nice when I first looked at the place, but I have not heard from him for the past two months. No reason I should, since everything was working okay. Today I came home to find a sheriff’s sale notice stuck to the front door. The landlord’s number is disconnected and I don’t know what to do. Who should I call? What can I do? What did he do with my rent money?

A: First, slow down and take a deep breath. It probably won’t make you feel any better to know that thousands of folks across the country are facing the same dilemma: what to do when your landlord fails to pay the mortgage even though you are paying rent on a regular basis. It has become a common problem.

It is important that you not panic. Let’s discuss the things you can do which are likely to be of help. It is also a good plan to avoid doing stupid stuff which might make you feel better for a minute but will not improve your situation. (Example: tearing something up.)

Before you do anything else: decide what you want. Given this new turn of events, re-consider your options carefully before you decide what steps you will take.

Specifically:

a. do you want to stay through the term of your lease?
b. would you be just as happy to move on to some other option now that you have been given the chance to “break your lease”?
c. do you just want the time to carefully pack and move?

Make a decision, then move to action.

If the sheriff’s notice does not say when the sale will take place, then get that information from the local sheriff’s department so you have an idea how much time you have to take whatever action you have chosen.

Next, check the landlord tenant laws in your state to see what recourse you have, under the law, if the landlord goes into foreclosure. These laws should be readily available, perhaps on your Attorney General’s site.

Then check the foreclosure laws in your state (use google “ _______ state foreclosure laws”). You are looking specifically for notifications required of tenant occupied properties when a foreclosure is pending. Some states require notice be provided to the “unnamed tenants” of a property as part of the foreclosure process in order to avoid exactly your situation. This will be particularly important if you want to stay during the remainder of the leased term.

You need to get some information about the property in order to proceed further. You can start with the information on the sheriff’s notice which will give you some details to get the other information you must have. You will likely need to talk to the county clerk’s office, perhaps the tax assessor and as well as do some on-line research. You will need:

a. the correct names on the title
b. lender or holder of note
c. insurer of the note (if it is Fannie Mae or Freddie Mac you are lucky)
d. attorney who is representing the lender

Notify the sheriff’s department, the attorney, the lender (if you can find a number) and the insurer that you are residing in the home, as a tenant. Be prepared to show that rental payments are current.

If the insurer is Fannie or Freddie, both have implemented programs which will allow tenants to continue to reside in the homes and rent directly from Fannie or Freddie during the time they are being marketed for sale to a new buyer. (Are you up for that?)

Pull yourself together and make a ‘new’ decision based on adjusted circumstances.

**I did not forget that you asked what he did with your rent money. Probably wine and loose women. Doesn’t matter, what is your next step?

Oh, by the way, don’t send off next month’s rent payment just yet.

Copyright © 2009, Home Ownership Matters, LLC. All Rights Reserved.
"Answer Book in a Foreclosure Climate" by Mildred Wilkins, available in 2009 from www.DovePublishingHouse.com.

(Please e-mail Heather at homeownershipmatters@gmail.com with any questions, comments, or concerns you might have. We appreciate all feedback, comments, and especially your questions. Don't be shy!)