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Property Tax Lien Law

Every homeowner has property taxes that are issued from the county in which they live in every year. What happens when a homeowner doesn’t back their property taxes? A tax lien may be placed on the property and sold to another individual. What are the property owner’s rights when it comes to trying to save their home? What are the tax lien purchaser’s rights when it comes to taking possession of the tax lien property, below are questions regarding tax lien laws that have been answered by the Experts.

What is a tax lien?

A tax lien is a lien that has been imposed by law on a property so as to assure that the payment of taxes will be made. Tax liens may be put on a property for a number of tax delinquencies such as on personal property, real property, income, or other taxes.

What is the process for redemption on a tax lien?

A tax lien is placed against a property when a homeowner defaults on their property taxes to the county in which the property is located. This tax lien must be paid off before the title of property transfers from the owner of the property to the owner of the tax lien. The redemption periods allows the owner of the property to make payments on the taxes to the county, which enables them to obtain a clean title to the property. Once the homeowner has paid off the taxes in full to the county, then the county will release the tax lien and the title will be returned to the homeowner, unblemished by the county’s interest.

In the state of New Jersey when a tax lien has been imposed how long is the right of redemption?

In the state of New Jersey, the right of redemption is 2 years from the when the tax lien was purchased; the tax lien would have to be repaid along with 18% interest. Notice of the tax lien will be given to the party on which the tax lien is against by the tax assessor prior to the tax lien being placed. Once a party has purchased the tax lien, the two year right of redemption period begins. The lien may be sold to other parties but the right of redemption stays intact at the time period it is in, for example if the tax lien is sold 6 months after the original purchase, the right of redemption is one and a half years left. If a tax lien is not given with proper notice then the party on which the tax lien was placed may go to the court and file a suit for the improper tax lien, and seek to have the improper tax lien vacated.

How does an individual take full possession of a tax lien sale property after the right of redemption has ended?

After the right of redemption period ends, the purchaser of the tax lien may bar forever the redemption of the property by having a notice of foreclosure served to the taxpayer who was delinquent, and other individuals that may have any recorded title or interest in the property in the county in which the property is located. This notice may not be served until the end of the right of redemption period. The person who purchased the tax lien must write and provide a copy to each party served a notice that is in accordance with the form lined out in the statutes. Then the purchaser of the tax lien must provide this notice and the copies along with a list of the parties that are to be served to the sheriff in the county in which the property is located.

The purchaser of the tax lien property must serve this in no less than 45 days before the end of the right redemption period which is set in the tax lien sale papers, and the sheriff must serve these papers in 15 days to all the person on the list provided by the tax lien holder, and must make an entry of the service of these papers.

If the sheriff is unable to serve the papers to the parties, and makes an entry stating such, then the purchaser of the tax lien must publish the notice in the newspaper that is the official one for the county once a week consecutively for two weeks. This notice will constitute as service. After payment for the sheriff’s cost, the purchaser must be returned the original notice, which may then be recorded on the record of deed in the Superior Court Clerk’s office in which the land with the tax lien is located.

There are tax lien sales going on around the United States all the time. How do these sales occur? What are the rights a person has buying a tax lien property? Can the people who were delinquent on their taxes in some form or another retrieve their property? The law can be straight forward and it can be confusing to the lay person with its legal jargon, the best way for a person to know and feel comfortable in their decision to purchase a tax lien property or know what they need to do to retain their property is to simply ask an Expert.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
9 Real Estate Lawyers are Online Now

How JustAnswer Works:

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  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

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 Tax Lien Questions

  • Hello, I am just starting in a locator business to find people

    Hello, I am just starting in a locator business to find people who are owed tax sale excess proceeds. I was told by the county that I need a lawyer to file for these excess proceeds. If I have a signed POA can I file a claim in the court on the claimants behalf. What since the property was sold at a tax auction for taxes owed on it and there was no mortgage how do I know who had equity interest in the property or would there be none to send to.
  • My brother was the executor of my mothers will. Basically

    My brother was the executor of my mothers will. Basically he got most everything. He did not get the will probated and we just found out the family farm was sold at a tax sale by the county in West Virginia. I know we have the right to buy it back but I do not know how. The taxes were only a couple hundred dollars and my brother said he did not even realize that they were due. The man that bought it paid 50,000.00 and then someone else bought the mineral rights. What can I do
  • I have a tax deed on a property in Lake County Florida. After

    I have a tax deed on a property in Lake County Florida. After applying and being only bidder, county wants to assess lien for code violation from previous owner for a different property. FL supreme court ruled lien not superior for mortgage, but Lake County attorney says it still applies. Wants to settle for $1200. Don't see this as legal or fair.
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