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Property Taxes
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Wouldnt one want to object to the claim on the basis that it is not secured? Unless the county can point to some law that allows them to gain secured status on RP that was not the source of the property tax debt, they are merely unsecured and drop to the bottom of the priority pile. My knowledge of Ch 13 is limited, but my understanding is that if they are allowed secured status in the plan, they could get paid ahead of priority claims which might not be dischargeable.
If you have any questions or concerns, please contact me.
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
The post was migrated from Yahoo.
Sounds like san bernardino co. Is it? Sounds a little fishy, once property is sold, don't recall a statute that allows a lien filing. You will have to check the county statutes.
However, property taxes are
A personal liability, so if they can just file a lien, and skip suing, you cannot use 522f, as lien is statutory.
Sent from my iPhone
On Jul 10, 2010, at 2:04 PM, "Shannon Doyle" wrote:
2004 Debtor purchased property A
5/05 Debtor purchased property B
3/06 Debtor sold property B. No lien for property taxes shows on title report. Escrow pays taxes for the remainder of the 06 fiscal year (3/06-6/30/06)
5/08 County records lien against any personal and real property for property taxes for 2004-2006 on property B
3/10 Debtor files Chapter 13. County files secured claim for 2004
Is the lien valid? If so can it be stripped from property A or does it trump property As 1st mortgage? Can it be stripped from personal property under 522(f)?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
Sounds like san bernardino co. Is it? Sounds a little fishy, once property is sold, don't recall a statute that allows a lien filing. You will have to check the county statutes.However, property taxes areA personal liability, so if they can just file a lien, and skip suing, you cannot use 522f, as lien is statutory.Sent from my iPhoneOn Jul 10, 2010, at 2:04 PM, "Shannon Doyle" <sdoyle@blclaw.com> wrote:
2004 Debtor purchased property A
5/05 Debtor purchased property B
3/06 Debtor sold property B. No lien for
property taxes shows on title report. Escrow pays taxes for the remainder of
the 06 fiscal year (3/06-6/30/06)
5/08 County records lien against any personal and real
property for property taxes for 2004-2006 on property B
3/10 Debtor files Chapter 13. County files secured claim for
Is the lien valid? If so can it be stripped from property A
or does it trump property As 1st mortgage? Can it be stripped
from personal property under 522(f)?
Shannon
A. Doyle
Attorney
at Law
100
N. Barranca Avenue, Suite 250
West
Covina, CA 91791-1600
Tel:
(626) 646-2555
Fax:
(626) 332-8644
www.blclaw.com
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The post was migrated from Yahoo.
2004 Debtor purchased property A
5/05 Debtor purchased property B
3/06 Debtor sold property B. No lien for property taxes shows on title
report. Escrow pays taxes for the remainder of the '06 fiscal year
(3/06-6/30/06)
5/08 County records lien against any personal and real property for
property taxes for "2004-2006" on property B
3/10 Debtor files Chapter 13. County files secured claim for "2004" tax
year for property B.
Is the lien valid? If so can it be stripped from property A or does it
trump property A's 1st mortgage? Can it be stripped from personal
property under 522(f)?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.