Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Foreclosures
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago, 09/16/2022

User Stats

22
Posts
5
Votes
Eka Linwood
  • Rental Property Investor
  • Overland Park, KS
5
Votes |
22
Posts

HELP! Foreclosure due to Previous Owner not paying Tax

Eka Linwood
  • Rental Property Investor
  • Overland Park, KS
Posted

So I closed on this property (triplex) around Mid-Feb 2020. I just found out thru a letter from the county, that I am now in foreclosure because I'm apparently delinquent on my property tax. I thought this was weird or some sort of a scam, because I bought the property thru a mortgage, so I pay property tax as part of my monthly escrow payment. After looking at the county website, the property tax from 2019 is indeed delinquent. The previous owner "paid" his 2019 tax "late" on 1/31/2020. My settlement date is on 2/24/2020. The county website says that the 2019 tax is still "owed" for 2 of the 3 property.

The sale process included two title companies (I think). The Owner's Policy is dated 2/25, and states that the title insurance "insures...against loss or damage...incurred by the Insured by reason of...lien of real estate taxes...due or payable but unpaid". The exception from coverage section states "Taxes, or special assessments, if any, not shown as existing liens by the Public Records". 

The penalty from the 2.5 years of being delinquent has resulted in the property tax due being essentially double from what it was. I'm planning to file a claim against the title insurance, but wanted to see what else I can do:

- I got the letter late - one of the tenant gave the letter to me today, dated 5/26 and was issued to the "occupant" which was him. I just got the letter today and confused on what I need to do. Planning to call the county Monday to see what I need to do. Letter says there's a foreclosure / tax sale Aug 15. Is the foreclosure process finalized? Is the property no longer mine?

- What is the extent of the damage here that I can claim from the title insurance? Will they cover the 2019 property tax and penalty ? If the foreclosure has been finalized, will they cover any losses from that sale? The coverage is up to the sale value of the property in 2020. 

- I tried paying the tax online, but website told me to go to the county office. Should I go ahead and pay the delinquent tax + penalty to the county ? If it helps avoid the foreclosure process, I don't mind paying the amount due, as long as I am later reimbursed by the title company. 

- Who should I contact first? Title Insurance, Title Company or County?

Loading replies...