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X-eGroups-Edited-By: easky1
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property tax obligation after foreclosure
From the State Bosrd Handbook:
www.boe.ca.gov State Board of Equalization
Annual Assessments Annually, whoever owns taxable property on January 1 (the lien date) becomes liable for a tax calculated at 1 percent of the Constitution (Proposition 13) also permits adding to the 1 percent tax rate a rate needed to pay interest and redemption charges for voter-approved indebtedness.
Propety tax is assessed against the owner of property. It is a personal liability. There are provisions in the Revenue and Tax code for a lien. All of the stuffabout deeds of trust and privity is off point.. I have been trying to find a statute authorizing a contribution suit against a prior owner, but cannot find one. In fact, CCP 883 limits contribution for the paying of a judgment, the suit must be filed before the judgment is satisfied, or within 10 days thereafter. It may be that there is no right to confribution, any comments?
It may very well be that a foreclosing deed of trust holder can be stopped by the one-action rule, but that is another issue all together.
dennis
From the State Bosrd Handbook:
www.boe.ca.gov State Board of Equalization
9. The Assessment Process
Annual Assessments
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Pat:
San Berdoo has all of the land from LA County to the Colorado River, including the land owned by Indian tribes. When people go out and leaseevelope the land, or put a trailer on them, etc., etc., etc., they also don't pay the taxes. San Berdoo (and Riverside, as far as I know, but have no personal experience with an actual Riverside suit) sue(s) the parties who had the leases for the real estate taxes rather than chasing the tribes.
dennis
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Dennis:
What were the facts in the SBernCo cases? While I understand the personal liability issue, because delinquent property taxes are always paid through escrow in order to clear title when property changes hands, I dont understand how the county could go unpaid.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Dennis:
What were the facts in the SBernCo cases? While I understand the personal liability issue, because delinquent property taxes are always paid through escrow in order to clear title when property changes hands, I dont understand how the county could go unpaid.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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I agree with you, not your client, Mark.
Law Offices of Steven B. Lever
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99 times out of 100 they go away, but I have seen the San Bernardino Tax Collector sue owners personally.
So the real answer is, there is personal liabiltiy, but the next owner has to pay the tax and I have never seen a suit for contribution.
dennis
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Just want to be sure this is correct:
If a client files Ch. 7 and his home is foreclosed on, does he have any
personal liability for the property taxes after the foreclosure? I know
they aren't probably dischargeable, but I always understood that the
property taxes go with the property (i.e. the foreclosing party would have
to pay them in order to take title). I have a client insisting otherwise.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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