property taxes ?

[RainMoM]

Hello everyone.. I see alot of information about Federal taxes, but my question is.. Can you add proprety taxes to your bk ? Can that be discharged ? I was in my house for 13 years, and i only owe for this year, 2008.. ( taxes are a year behind) i did put it in my petition.. just wanted to make sure I could claim it so to speak .

[justbroke]

If you are surrendering your home, sure, you can have the property tax discharged as the tax really goes with the home. If you are keeping the home, it becomes more complex. In most jurisdictions, unpaid property taxes are already a statutory lien, or become a lien upon the sale of a tax certificate. In this case, the tax debt is secured, and you can't discharge it.

How property taxes are treated varies by District/Jurisdiction, but if they are secured... they are secured by the property and you wouldn't be able to just discharge them that simply, by listing them. You would have to file a motion to avoid lien or something... and have a basis for doing so.

[mike258]

You cant discharge property taxes, but if you plan on surrendering your home, your mortgage comapny will need to pay them before the sell it.

Your city or town will eventually file a lien for unpaid taxes but that lien is attached to the property, not you personally.

[RainMoM]

If you are surrendering your home, sure, you can have the property tax discharged as the tax really goes with the home. If you are keeping the home, it becomes more complex. In most jurisdictions, unpaid property taxes are already a statutory lien, or become a lien upon the sale of a tax certificate. In this case, the tax debt is secured, and you can't discharge it.

How property taxes are treated varies by District/Jurisdiction, but if they are secured... they are secured by the property and you wouldn't be able to just discharge them that simply, by listing them. You would have to file a motion to avoid lien or something... and have a basis for doing so.

I plan on surrendering the home.. So how would i know if i need to file a motion or not ? The property is located in Polk county Florida if that helps !

[justbroke]

I plan on surrendering the home.. So how would i know if i need to file a motion or not ? The property is located in Polk county Florida if that helps !

If you are surrendering the home, there is nothing that you need to do, other than to actually surrender the home. Property taxes in Florida attach to the home itself. Once the Bank take possession (via foreclosure) they will pay all the past due property taxes. As a matter of fact, before it even gets that far, the Bank would insure that the past due tax is not sold via a tax certificate, because the tax certificate holder could later get a tax deed and foreclose.

Again, so long as you're actually surrendering, there is nothing for you to do. The tax liability attaches to the home.

[RainMoM]

thank you, Just broke !! quick question if u wouldn't mind, does that apply to HOA Fees as well ? From what i have found here on the forms, you can bk the past due, and you are responsible for the dues AFTER you are discharged till the house is no longer in your name ?? Is that correct if not, could you please explain to me .. ty !

[justbroke]

thank you, Just broke !! quick question if u wouldn't mind, does that apply to HOA Fees as well ? From what i have found here on the forms, you can bk the past due, and you are responsible for the dues AFTER you are discharged till the house is no longer in your name ?? Is that correct if not, could you please explain to me .. ty !

HOA fees up until the time you filed for Bankruptcy will be discharged (so long as you're surrendering your home). Any HOA fees that come due and payable after filing, are your responsibility.

However, Florida has a neat little hidden law (new in 2008) that makes it the responsibility of the Bank to pay the HOA fees for up to 1 year prior to them actually foreclosing.

Florida Statute 720.3085 Payment for assessments; lien claims
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(2)
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(c) Notwithstanding anything to the contrary contained in this section, the liability of a first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee's acquisition of title, shall be the lesser of:

1. The parcel's unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or

2. One percent of the original mortgage debt.

[RainMoM]

That's great new for people in florida !! JB, again thanks for the information, I can't help but say I'm truly glad that I this site, don't know where I be without all of you

[notadeadbeat]

I included my property taxes in my BK7 and my lawyer said they'd be discharged.

[justbroke]

I included my property taxes in my BK7 and my lawyer said they'd be discharged.

Did you keep your home? Property taxes in Florida can't be discharged, as they are statutory liens. All liens survive bankruptcy (with very limited exceptions, and only upon Motion and Hearing by the Court.)

So, did you keep your home?

[notadeadbeat]

Did you keep your home? Property taxes in Florida can't be discharged, as they are statutory liens. All liens survive bankruptcy (with very limited exceptions, and only upon Motion and Hearing by the Court.)

So, did you keep your home?

No I am surrendering it.