Hi, I was still wondering about this. I received a final notice letter for taxes due on a pennsylvania land property. The letter states that if the taxes are not paid in full they will sent this to court. I don't have the money to pay everything in full so If don't pay and they take me to court, what happens next?
State/Country relating to question: Pennsylvania
Hello,If the taxes are not brought current, the tax department can refer the account to the court for a "Tax Upset Sale". If the claims for delinquent taxes, interest and costs remain unpaid, notice of pending Upset Sale is mailed to each record owner, by certified mail, restricted delivery, no later than July 31. The cost of mailing is assessed against the parcel..The sale notices advise the delinquent taxpayer that the property will be exposed to public auction, scheduled no earlier than the second Monday in September, unless the tax claims, interest accrual and costs are paid or the taxpayer requests to enter an agreement to make payments in four equal installments, with the first installment remitted at the time of agreement and the other payments to be made quarterly all with one year. A $25 fee is assessed against the parcel..Absent an agreement a notice of the pending sale is advertised in the local newspaper at least 30 days prior to the scheduled sale. Costs of advertising are assessed against each parcel advertised..A notice of sale is again mailed to each individual record owner by 1st class mail at least 10 days before the sale with the costs of mailing and sale preparation assessed against the parcel..The notice of sale must also be posted on the property and personal service to the owner, must also be performed by the Sheriff upon owner occupied parcels. The costs of posting and personal service are assessed against the property..If the property owner fails to satisfy and discharge the claims for delinquent and unpaid taxes or does not enter into a formal payment plan for quarterly installments, the property will be exposed to Upset Sale..The Tax Claim Bureau will publicly auction the property at a minimum price established by the delinquent tax claims, interest accrual and costs of the Bureau, as well as, the current year taxes. The sale is made subject to the existing liens of record. Successful bidders will be responsible to also pay transfer taxes and recording fees.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.
If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing.
What happens if the property is not bought by anyone at the auction. What happens next? Are they still going to pursuit thru court or other means, what is the worst case scenario.
If a property is exposed to Upset Sale and not sold, then the property will be prepared for a judicial court ordered sale..Properties which will become subject to a Judicial Sale are required to have title searches conducted in order to notice lienholders and other parties identified in the abstract. Notice to lienholders is made by the Sheriff who conducts the services, deputizes sheriffs of other Pennsylvania Counties or sends certified mail notice to out of state parties. The cost of the Sheriff action is proportionately assigned to each parcel..The Court will establish a date for the Judicial Sale requiring the properties be subject to auction, with a minimum bid equal to costs, divesting the delinquent taxes and interest accrual and blocking other lienholders from future execution..The Court will require the properties to be advertised in the Beaver County Times and the Beaver County Legal Journal at least 30 days prior to the scheduled Judicial Sale. Costs of advertising is allocated to those parcels appearing in the advertisement..Delinquent taxpayers must satisfy and discharge fully all claims of record prior to the Judicial Sale. No formal payment agreements can be implemented in effort to delay or suspend a Judicial Sale..Successful bidders will be required to also remit transfer taxes and recording fees in addition to the successful bid price..Properties not sold at judicial court ordered sales will be placed into the repository of unsold properties..Any delinquent taxpayer/owner may still redeem their property upon total satisfaction and discharge of all claims for delinquent taxes, interest accrual and costs of the Bureau. No formal payment agreement will be considered and the property may be sold to an interested party without notice to the owner.
One last question. I really don't care about losing the land in any auction, I just don't have the money to pay those taxes. So if I just let them do whatever they want with the property, will I still be responsible to pay some money? I really appreciate your time and help, I'll make sure you get credited for your valuable time.
No, the taxes follow the land, so you are not personally liable for them.
13 years real estate, Realtor. Landlord 24+ years
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).