Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Pay property taxes if I'm walking away ?

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  • Pay property taxes if I'm walking away ?

    Chapter 7 discharge 4 years ago. We are paying cash for another house and walking away and did not reaffirm. Is there any reason we should pay our real estate taxes from last year ? We are in Illinois.

    Thanks for any help !

  • #2
    Property taxes "run with the land" and, in most every State that I know, are not a personal liability of the homeowner. In other words, you will not be sued personally for the property taxes. Generally, the taxes are sold as "tax certificates" and the certificate purchaser can foreclose upon the property if it is not paid in about 2 years.

    I don't know of any case where a person should pay property taxes on a home (where the mortgage was discharged in a bankruptcy) where that person is not staying.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      we never paid any taxes, the bank assumed that responsibility after we were served with our foreclosure papers. after all, no bank wants the town or the city to sell the property for back taxes. we never paid a dime after we left and actually to this date (going on 6 years) the bank never foreclosed, so the house is theirs, to the best of our knowledge they are paying everything.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


      • #4
        The bank should pay the taxes and keep insurance up. I haven't paid a dime for nearly 5 years here in MD.


        • #5
          Originally posted by MD69107 View Post
          The bank should pay the taxes and keep insurance up. I haven't paid a dime for nearly 5 years here in MD.
          I assume you meant you haven't paid any cost including the mortgage. I am curious as to how you handle the stress.


          • #6
            Originally posted by nioka View Post
            I assume you meant you haven't paid any cost including the mortgage. I am curious as to how you handle the stress.
            Alcohol really helps! hahahaha
            No, wish I could tell you something really intelligent and thought provoking on handling the stress. I haven't found a good way to deal with it yet. I just found a fairly cheap rental house. I'm figuring on Chase finally moving forward with the foreclosure this time around. But I will say, once you decide to move on, it seems to get better.


            • #7
              My wife asked me to put my question another way. She just doesn't want to screw up a inheritance.

              We filed chapter 7 four years ago this coming august. We have continued to pay our mortgage and taxes on time even though the house was discharged. We held on thinking we'd pay it off, but have changed our mind.
              My wife inherited a trust, but doesn't have it just yet. We want to buy a different house with cash, and we have that house held with earnest money. (We expect to get the funds in 30-45 days.)
              Since our house was tossed from Counrtywide to Bank of America and Greentree, and the fact that we don't really want to stay here, we want to stop making payments and save for the moving expenses.
              My question is, our first installment for the real estate tax pmt. is due this friday. If we don't pay that, and don't pay our mortgages next 1-2 months, but also don't move out until Aug or Sept, can any of those take or control the trust money before we even get it, or have a chance to write the check for the other house?
              Will not making payments draw attention to the fact that she inherited the money and cause a problem? Should we keep paying as long as we are in the house to avoid any investigation of our bank acct?


              • #8
                Nobody can get at your bank account or what you are entitled to under the trust without first suing you and getting a judgement.

                Property taxes become a lien against the property. I suppose in some states they may go after other assets, but I have yet to hear of that happening. Even the following brochure from the state of Illinois only mentions tax liens and selling tax certificates. There is no mention of going after a homeowner's other assets.

                Even if they were going to sue you and go after other assets, that would not likely happen before September.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                • #9
                  The bank will more than likely pay the taxes (ours did and we stayed there 10 months). You should be fine.


                  • #10
                    Ok, Thank you !


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