TAX Sale property can it sell back to the owner?

Question

Question:

My ex husband and I owned a property in Pennsylvania.  We bought this house cash to rent, the deed had both his name and mine name.

after we divorced he kept renting the house and I led him keep the rent money for him to pay the taxes and do with the rest of the money whatever he needed to do for the house.  Two years later I contacted him to inquire about the house and he told me he let the house go tax sale and he bought it back.

1)  I was never notified about this

2) How can he re buy the house

3) I didn't sign anything, can this be done legally?

Bruce Lynn · Answer

@Claudia Brown    #1 You might check with your divorce lawyer....maybe he can help you file suit against your X for 1/2 the value.

#2 Typically the previous owner cannot buy it back at the tax sale in most places, I would guess that would be true for PA, but not 100% sure about that.

#3 Chances are if both your names were on the deed, that tax authority sent it to the billing address.  If you never changed your billing address with the county and showed them you are 50% owner, then they probably have some kind of law in PA that says they have to use their best efforts.  If you X got the mail, but did not pay the bill, then he probably got the notifications instead of you.  Seems like the laws favor the tax authorities in this regards....they don't have to make every effort it seems, but just what they consider their best effort.  The responsibility is on you to pay the taxes and keep them updated on your current ownership and address.

#4 Probably you don't have to sign anything.

#5 Good lesson learned to not own any joint assets with the X.  There are just too many problems owning joint assets.  If you own anything else jointly together, now is the time to split them up.  It just gets harder and harder the more time moves along for most people who have split up to continue to own joint assets.   Long term for example, what if he marries and then passes.  Then you could end up being joint owner with the new spouse.  That's probably not fun.  Or joint owners with 5 brothers and sisters, that you may or may not like and trust, or may not like or trust you.

Don Konipol · Answer

@Claudia Brown

No answer you get on this forum will be accurate.  See an attorney specializing in real estate

David M. · Answer

@Claudia Brown

Perhaps "buy it back" was too colloqial a description.  At least in NJ and I think its similar around the country, there is a 2yr Redemption Period whereupon the owner can "redeem" the tax certificate by paying the holder, i.e. the person who bought the 'tax sale' (I forgot the technical name), the required principal and interest.  The holder of the tax lien can file for foreclosure/possession after this two year redemption period (or whatever it is in your state).

Since there is nothing to be signed over I don't think, it probably didn't need your signature..

Good luck.

Will Sifert · Answer

I am not knowledgeable with tax deed states like PA. But one  thing that is universal is proper noticing. You likely have something to look into due to lack of notice. Like others have said, it's a very complicated process, varies from state to state and a good real estate attorney that practices in your state will be able to let you know where you stand.

David M. · Answer

@Joe MartellaOh it is?  Okay... that makes more sense...  Thanks.

@Claudia Brown In a tax deed state, the "tax sale" is the sale of the deed/Title to the property.  So, during the tax sale the actual property, i.e. the Title, is transferred to the purchaser.  As I recall, if there is a redemption period, the owner IS actually purchasing the property back (for the back taxes and probably some fees).

Joe Martella · Answer

@David M. NJ is a tax lien state.  I believe that PA is a tax deed state.  Two different processes.

David M. · Answer

@Claudia Brown

My point is perhaps your ex-husband isn't so bright when it comes to tax sales.  He may have thought he was "buying it back" since there was a tax "sale."  He may not have realized he was really just exercising the right of redemption (or whatever the legal term is called).  As I said, the redemption period is 2 years normally.  So, if you followed up wth him in 2 years, there wouldn't have been time for the person/entity who purchased the tax deed/lien to foreclose and take Title.

You can't always take people, in general, so literally many times.

Claudia Brown · Answer

@david M: the part I also don't get it is how can you buy it back? Redeem yes, but not buy it back.

John Underwood · Answer

It is typically not legal for someone to let a house go for unpaid taxes and then buy it back to wipe out a mortgage etc.

You need to talk to an attorney you have limited time to get this reversed.

Claudia Brown · Answer

Thank you very much

TAX Sale property can it sell back to the owner?

Most Popular Reply