A Property Tax Bill Question

[scooter6251]

I have an unimproved lot with a mortgage that was included in my BK 7 filing and it was discharged. The County in which the lot is located continues to bill me for delinquent taxes, dating back to 2009. The were advised of the BK discharge by the Court. Apparently WF doesn't care if it is ever sold by the County for taxes. Is it OK under BK Court rules for the County to continue to try & collect them from me? No big deal, but I'm curious

[HHM]

These are borderline situations....strictly speaking, your personal liability for the Prop. Taxes that were owed AT THE TIME your BK was filed, are discharged as to you. But, since you are still the owner of record and property taxes are subject to having lien rights, they can still send notices. Note, any property taxes that come due after the date you filed BK, you are personally liable to pay until you sell or otherwise dispose of the land (so be careful).

First, it would not be a violation of the FDCPA because presumably, it is the county/state contacting you and not a 3rd party collection agency. So at most, you might have a BK discharge violation, but I think the court will allow the notices because of the lien aspect of the prop. taxes.

[scooter6251]

Thanks HHM. Yes it is the County that is sending them. I figured it was OK but was curious. I just hope the County has a tax sale for the lot. Taxes are owing from 2009 on and their latest notice says "Delinquent taxes prior to 2010 are in jeopardy at this time." . Since WF seems to have no interest in foreclosing, I guess a tax sale would get it out of my name. That's all I want.

[tobee43]

These are borderline situations....strictly speaking, your personal liability for the Prop. Taxes that were owed AT THE TIME your BK was filed, are discharged as to you. But, since you are still the owner of record and property taxes are subject to having lien rights, they can still send notices. Note, any property taxes that come due after the date you filed BK, you are personally liable to pay until you sell or otherwise dispose of the land (so be careful).

First, it would not be a violation of the FDCPA because presumably, it is the county/state contacting you and not a 3rd party collection agency. So at most, you might have a BK discharge violation, but I think the court will allow the notices because of the lien aspect of the prop. taxes.

sorry, just asking for clarification. this is so interesting...

so, in other words, if i am understanding this correctly, the county can and has the legal edge to continue billing for the taxes, even AFTER the bk, since the deed has not exchanged hands, and although the property was included in the bk.

taking it one step further, can the county, then actually go after scooter for those taxes that accumulated after the bk, but prior to any deed exchange? or is it just alright to continue nonflying the still considered "owner" until a tax sale is completed?

[helpmeout]

Taxes generally aren't dischargeable in a BK, but I would double check with an attorney about property taxes. I was told by my NJ attorney that property taxes attach to the property, not the owner. Which means that if the bank doesn't pay (mine did), the town will get a tax lien and possibly sell the house.

[tobee43]

yes, that's what i also believe as well helpme.

[scooter6251]

yes, that's what i also believe as well helpme.

Hi tobee,
Hope you are doing well. I was always told the same thing, that the taxes attach to the property. I just hope the County will sell it at a tax sale. Since Wells Fargo seems to have no interest in foreclosing, at least a tax sale would get it out of my name. It isn't a house, just a lot but in a gated community. Was to be a retirement site.

[tobee43]

Hi tobee,
Hope you are doing well. I was always told the same thing, that the taxes attach to the property. I just hope the County will sell it at a tax sale. Since Wells Fargo seems to have no interest in foreclosing, at least a tax sale would get it out of my name. It isn't a house, just a lot but in a gated community. Was to be a retirement site.

we doing ok here scooter nice to see you! hope you doing well!

yes, i agree, i think that is the way it works. i do wonder tho, why it's ok for them to send you the bill. i see what hhm says about that so i understand. i wonder how long it takes to go up for tax sale. i guess it most likely depends how quickly your county is working on them?

[scooter6251]

It's in Polk County Fl, between Orlando & Tampa, so who knows. Total taxes owed for 09, 10, 11 are about $2,800, so I know it would sell for more than that. A side note, this years taxes are about $250.00. In 2006, we paid $1,800. Helps explain why so many BKs in Florida.

[tobee43]

It's in Polk County Fl, between Orlando & Tampa, so who knows. Total taxes owed for 09, 10, 11 are about $2,800, so I know it would sell for more than that. A side note, this years taxes are about $250.00. In 2006, we paid $1,800. Helps explain why so many BKs in Florida.

can't believe you were paying that much on a lot!!

i fought out taxes this year. it was funny. someone comes out to the house and asks about looking around. i said ok who are you he says he's the tax appraiser for the town, so i begin to give him an ear full. i tell him i don't mind paying my fair share here but we are two and three times the others in the area. he said well you did work inside your house. i said and what is your point here?? it's by sq foot not by the tile i put in the kitchen. so he said to me, i was looking at the foreclosures and that's why it's so off base. (siting other comps in the area) i said no, these were NOT foreclosures because all foreclosed properties go through me with HOA so i know that not to be true. he says call his office and get someone to speak with about fighting the taxes. .....now this was too funny. i call and i ask for the person that i can speak to that can help me lower my taxes because i want to file an appeal. who gets on the phone, but the guy that was here!!!!!! LOL!!! he says to me...ok, i will lower them and he did about 1k a year.

also, we live between where you own...between orando and tampa out there in the wildness of florida. i could not believe what they were at first charged us for taxes!