My County from Treasurer and Tax Collector office is asking me to pay the unpaid taxes for my foreclosed homes?
Hi,
I received a letter from our County - Treasurer and Tax Collector saying that a lien has been recorded against me and i need to pay the unpaid taxes before August 31, 2009. This is regarding the two houses I had which went to foreclosure already last 12/13/2007 and 7/3/2008 respectively. I am getting this bill for tax year 2005 and 2006 respectively. I bought the house last 06/17/2005 and 05/19/2006 respectively. Am i liable this unpaid taxes? During foreclosure, isn’t the lender should clean and pay all the taxes to get the title cleaned up and ready to transfer to the rightful owner?
Below is the letter that I received:
The records of San Joaquin County Tax Collector show that a lien has been recorded against you pursuant to sections 2191.2 and 2191.4 of the California Revenue and Taxation Code.
From and after time of filing a Certificate of Lien for record, the total amount of unpaid tax, penalty and interest that is required to be paid constitutes a lien upon all real and personal property and/or business interest owned or that may subsequently be acquired by you.
To avoid further legal action by this department, we suggest that you pay, or contact this office to arrange for payment of your account, on or before August 31, 2009. Supplemental collection steps could include seizure and sale of your property and/or summary judgment.
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Please help how should i answer this as I really have no money to pay those unpaid taxes.
Thanks.
How come my original lender were able to sell it to a new buyer in Auction/foreclosure without cleaning or paying all the taxes due. My sister had a house foreclosed also in 2003 but she did not receive this kind of lien. Could it be a mistake from the county also?
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One comment
Bostonian In MO on March 19, 2010 at 8:53 am
CA is a bit different from most states. Although property taxes are a lien against the property, if you lose your home to foreclosure any unpaid tax bill reverts to a non-lien assessment against YOU personally.
In most states the lender winds up holding the bag. Since CA is a non-recourse state I’d guess that the State decided to lessen the hit for lenders by leaving the tax liability on your shoulders. That seems reasonable since the lender cannot recover any shortfall on the loan in most cases.
You still must pay the unpaid property taxes. That assessment can be used to place a lien on any other property that you own in the State of CA (and possibly other states as well.)
You need to contact the county tax collector’s office and make arrangements to pay the bill. If you cannot pay it all at once they may be able to set up a payment plan for you.
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