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Questions on Property Tax Laws

In the United States, property taxes differ from state to state and they are often based on the fair market value of the property. These rates have increased to mirror and exceed similar rates in other countries with certain states in the country exceeding 5%. Also, in some states, property tax is separated into two separate taxes—one that is imposed on the land value and the other on the value of the building.

Listed below are a few questions answered by real estate lawyers on property tax related issues.

I am retired and have property tax of $6000 to pay. How can I prevent my house from being sold by the government for back taxes?

If you are not able to raise the money, you could look at a Chapter 13 bankruptcy. That might help you pay the arrears over the next 60 months but you would have to continue paying the future taxes as they become due. There isn’t an option through which you get to keep your house and not pay the taxes.

If I have a property tax lien on a property in Texas, is the county assessor allowed to place a lien on another property that I own in the same state, even if they are totally unrelated?

Property taxes are attached to a specific tract of land. They can’t be attached to another property, nor can they become personal liabilities of the owner. In order to collect the property tax, the taxing authority can place a lien on that specific piece of property and then foreclose on it. They cannot go after the owner or the owner’s other assets for payment of the taxes.

If an individual does not pay his property tax and the county liens the property for back taxes, isn’t the county tax collector supposed to send a letter that states that taxes are owed, the exact amount owed, and the date they are due, before the property is sold at a delinquent tax auction?

The county mails out tax bills annually and after that it becomes the property owner’s responsibility to pay the bill(s). If the taxes haven’t been paid, the county assumes the property owner knows about the tax and is delinquent. Also, the owner is legal obliged to visit the County Tax Office and see if the county is willing to enter into an installment payment plan for unpaid property taxes. However, the county is not legally required to send more notices to the owner stating that since he or she is in default the property will be placed on the Sale List for Delinquent Taxes.

I recently bought a house in Yonkers from the first owners and want to know how I can get my property tax decreased on it.

The links below contain three documents that you need to use to file a grievance in the City of Yonkers and appeal the assessment that was made on your house.

Grievance Complaint on Real Property Assessment
RPTL-730 - Petition for Small Claim Assessment Review
What To Do If You Disagree With Your Assessment

The link in PDF format can be accessed here: http://www.yonkersny.gov/Index.aspx?page=1262

It seems that, without my knowledge, my spouse got my name removed from our Property tax bill. How would she have done this?

The law requires that the property bills be sent to the "property owner of record". For someone to change the name on a tax bill, a new deed needs to be created and recorded. If you check with your Country Recorder’s records, you could get a copy of the latest deed filed. Alternatively, it is possible that the bill might have contained an error or oversight. The records on file should clear things up for you.

When property taxes are not paid by the due date, the taxing authority will assess the penalties and the interest. It could also act and enforce its lien. While these procedures vary from state to state, the lien can usually be sold by the taxing authority to a third party, who will then attempt collection. Usually, in most states, the taxing authority is allowed to seize the property and offer it for sale, generally at a public auction.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Property Tax Questions

  • .justanswer.com/tax/#ixzz3MTZNRhFtI need to have this question

    .justanswer.com/tax/#ixzz3MTZNRhFt
    I need to have this question made confidential and not posted.
    I repeat, I need this question to be confidential so prior to responding could you please contact someone to make sure this happens because o requested this once before and it did not happen.
    SIMMARY
    I lvie in a New York coop- I have a rogue board president who has a personal vendetta against me for speaking up about a racial discrimination incident I witnessed which resulted in his wife being forced to step down as president . Ever since this incident I have been harrassed by the board
    I been served witha ten day notice of eviction claiming that I am in default of four MINTHS of maintenance payments. This is NOt true and I have cancelled checks which prove that all payment have been presented and paid for OAYMENT around the tenth of each month . My bills are paid by my bank automatically every month online and there are copies of the cancelled checks I nmy account posted on line. The board knew my payment were paid because I have been testing different delivery methods of oayment with Chase and have. even in monthly contact with the management company and the management company attends all board meetings
    a copy if this ketter was also sent to the bank that holds my mortgage which now permanently affects the banks reputation. of me as a perso. with maybe potential late payment issues
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    QUESTION 1. how can they knowingky send out a letter like that when I have proof that the claims are false? this is defamation
    QUESTION 2. How can they send a copy of a letter making false accusations to my bank which affect the banks imoression of me ?
    QUESTION 3. Is a better strategy to just ignore the letter see if they take me to court and at that time reveal the proof that the checks had been cleared by the bank three months prior to the delivery of this letter. or is a better strategy to reveal my card now in a letter
    QUESTION 4. I believe This ten day notice to cure, was written In Retalliation because I tripped on a three inch high sidewall crack in front of our building. I have osteoporosis and very low bone density so the trip on the sidewalk caused more damage than one would expect. I was unable to walk for a month and have been in physicak therapy due to two fractured disks. After boarding my dog for three months because I could no longer care for the dog.I ended up have to give my dog away. I thought the citiy fault because damage was caused by a tree and was near the curb. The city told me it was buildings responsibility. In GOOD FAITH I did NOT run out and find a slip and fall attorney and file a law suit... I sent a very nice letter making them aware and requesting how I go about getting reimbursed for some of my out of pocket expenses. I never threatened legal action....50 days went by and the only response was this retaliation letter falsely claiming I mp am late on my maintenance. The sidewalk has not been repaired, their insurance company has not contacted me but the city Since this is a retaliation to a complaint made to the board and to a notice filed with the city is this ten day notice to cure letter now a harassment claim.
    5.. I do owe some money in late fees which I have requested be removed from my account but I do NOt owe four months of late maintenance which they now claim. Any late fees charged have been investigated by my bank who has provided proof the payments where mailed seven days prior to the due date u. I asked these charges be removed from my account they never responded
    mm
    7. Is a better strategy to just ignore the letter then present my case in full at court where I can bring out five other charges of illegal or is it a better strategy to piont out all the instances of things they have some which are against the law and write this letter to just four Biard members who are Om a special i that addresses grievances?
    8. Exactly what laws have been broken by them filing these false claims.? Do I have any grounds for a counter suit
  • I am thinking of buying a manufactured home in a senior community in N

    I am thinking of buying a manufactured home in a senior community in Northern California (Petaluma?) There are "berthing fees" which I assume includes property tax and maintenance fees. The berthing fees vary a lot. I am wondering how this works. The seller is selling his home, but the corporation that manages the site gets the berthing fee. How often do these fees change? Can they go up without notice? How secure am I in assuming that once I sign a contract with the corporation that those costs will remain the same. The particular place is Sandalwood Estates.
  • Will try to make this short as possible. We bought a house

    Will try to make this short as possible. We bought a house
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