Propert tax question.

[Mama2LNJ]

We received our ch 7 discharge just about a month ago. Our mortgage was included in that. We walked away from the property in July of 2010. The bank has foreclosed and set up a sherrifs sale which they later cancelled (the sale not the foreclosure). We received a bill for the 2010 property taxes. The bank is telling us we have to pay them bc we lived there in 2010. I was under the impression that the property taxes followed the property not the person. Our lawyer said the bank is trying to scam us and to send the bill to the bank and forget about it. I should just trust our lawyer but honestly I'm nervous since the bank is trying to strong-arm us. The bill is almost 6K and there is NO way we have that kind of money, we are just starting to get back on our feet as it is. We are in Illinois. Any advice would be seriously appreciated!

[debee]

I would trust your lawyer. Unpaid real property tax liens attach to the property - not to the owner. You abandoned the property. Whatever liens might or might not exist on that property are no longer your problem.

[Ifonly]

Property taxes attach to the property rather than the individual. Your lawyer is 100% correct.

[Sweetpea3829]

This would include Fire taxes, yes? Our almost $500 fire tax bill will be due in September.

What about road taxes? Those are specific to your vehicle...

This is post-discharge and after paying and staying for awhile.

[helpmeout]

Property taxes attach to the property, not the owner. And the bank knows that. In fact, you really don't have to talk to the bank anymore.

What the bank can do is pay the taxes and ask that they be reimbursed from any equity in the house. But they can't go after you personally. Even if you lived there the entire year.

[Ifonly]

You probably need to check on the fire taxes. Specific services that are based on usage rather than the value of the property have different rules. For instance, after we surrendered our home, we were not liable for the property taxes; however, we were responsible for the sewer tax. Road taxes? If you mean, the personal property taxes that some states charge on vehicles, that would have nothing to do with your home.

[CCCrazy]

I'm going to ask this question again just to be absolutely sure...my mortgage was also discharged in my bk - I knew property taxes attach to the property and not the person, but let's say I decide to move before foreclosure completes and let's say the bank takes two years to complete it thru the courts here in IL. Let's say I move to CA. Do the HOA fees attach to the property - will the bank be responsible for them? Or am I responsible for the HOA fees even though I'm no longer in the house? Am I responsible as long as my name is on the title? Could I be sued for 2-3 years of HOA fees down the road? Or will the HOA just attach a lien to the property?

[Sweetpea3829]

My understanding is that you do still have to pay HOA fees until the property forecloses. That's what I've read here, anyways.

Back to the fire tax...so our fire tax is town specific. I'm thinking, if we don't accept the modification the bank is offering this week, when we get the bill for the fire tax, we'll refer them to the bank.

As for the road taxes...that's also town specific. I paid them this year and I won't have them again next year to pay because we've since moved and registered our vehicles elsewhere (out of state) so I'm not really worried...just curious if I actually had to pay them.

[helpmeout]

HOA fees follow the owner with the exception of any fees discharged in the BK. HOA's may have the option, depending on bylaws, of attaching a lien to the property and may choose not to go after the homeowner for any difference. But that is up to the HOA.