but in most counties finalizing foreclosure requires no judicial action. Where there is a mortgage on the home, a property won’t usually go to tax sale, because the lender will often advance amounts for paying property taxes to ensure their lien isn’t wiped out or diminished in a tax sale. Most mortgage contracts contain a clause that gives permission to the lender to later include advanced amounts to the total debt that the debtor owes the lender.
HOW TO AVOID A TAX SALE
With good counsel, you might be able to find ways to avoid a tax sale of your property that don’t involve full payment of the entire delinquent property tax amount. For one, it’s possible for homeowners to object to the tax assessment and seek a reduction in the amount. A lawyer can advise and educate the homeowner on state and local law offering them the procedural possibility of challenging the value of a tax assessment in attempt to obtain a reduction of the tax liability. There are commonly two grounds used to contest an assessment. The taxpayer can maintain that the assessment exceeds the property’s taxable value. In addition, the taxpayer can argue that the property has been assessed in disproportion—i.e., that the assessment value is established higher than assessments of other comparable properties in the area. If the assessment is reduced, paying off the property tax debt might not be such a financial challenge anymore.
COMPROMISE, ABATEMENT, OR DEFERRAL
Another way to deal with your property tax delinquency
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