If your home was sold in a property tax sale, you might be able to get it back.
Generally, people who lose their home to a tax sale have two options for getting the property back: Redeeming the home or getting a court to set the sale aside.
- Redeeming the property. In most states, delinquent taxpayers get some time during which they can redeem (reclaim) the home after a tax sale by paying the delinquent amounts or reimbursing the purchaser from the sale.
- Setting aside (overturning) the sale. In some situations, you might be able to invalidate a completed tax sale.
So, if you've defaulted on your property taxes and lost your home in a tax sale, you could be able to get it back, depending on state law and the circumstances.
How Do Property Tax Sales Work?
If you don't pay your property taxes or other municipal charges, like a sewer or water bill, the past-due amount becomes a lien on your home. This type of lien almost always has priority over other liens, including mortgages.
Tax Lien Sales and Tax Deed Sales
If the taxes remain unpaid, in most cases, the taxing authority will eventually:
- sell the lien (and if you don't pay the past-due amount to the purchaser of the lien, that party can foreclose or go through some other process to get title to your home), or
- sell the property itself in a tax deed sale.
In some places, though, a sale isn't held. Instead, the taxing authority executes its lien by taking title to the home. State law then generally provides a procedure for the taxing authority to dispose of the property, usually by selling it.
In other jurisdictions, the taxing authority uses a foreclosure process before holding a sale or getting ownership of the property.
Can Someone Take Your Property By Paying the Taxes?
In many states, the home can be sold for the amount of past-due taxes. So, a $300,000 home could be sold for $1,500 of unpaid taxes. This situation is very different from a home mortgage foreclosure where the purchaser at the sale usually pays an amount close to the property's fair market value.
In a tax sale, the purchaser can potentially get title to the home for a fraction of its actual value.
Redeeming Your Home After a Tax Sale
In most states, delinquent taxpayers get a set amount of time, called a "redemption period" after a tax sale to reclaim the home by paying the buyer the amount paid at the sale or paying the taxes owed, plus interest, penalties, and costs. But in some states, the redemption period occurs before the sale.
You should redeem as soon as possible to prevent additional interest and penalties from accruing.
If you don't redeem, the purchaser can get title to the home free and clear of any liens that were on the property before the sale.
How Long Is the Redemption Period?
Exactly how long the redemption period lasts varies from state to state; one year to three years is typical. In some states, though, the time frame is much shorter.
Check your state laws or consult with an attorney to find out the tax sale redemption period where you live.
Can I Live in My Home During the Redemption Period?
Usually, the homeowner gets the right to live in the home during the redemption period.
Setting Aside a Completed Tax Sale
Sometimes, homeowners aren't aware that a tax sale has been scheduled until after it's already happened. Below are some situations where you might be able to invalidate a completed tax sale.
Defects In the Tax Lien or Tax Sale Process
Defects in the tax lien, such as omitting one of the property owners' names or defects in the tax sale process, like failing to give proper notice, might provide grounds to set aside a tax sale.
Minor mistakes probably aren't enough to invalidate a sale, but a defect that prejudices the homeowner's rights probably will.
Example. Say a property owner provides the county (the taxing authority) with a new address for mailings. But the county doesn't send any notices about the delinquent taxes to the property owner at the new address. So, the property owner doesn't receive notice of a tax sale. In this situation, the sale could probably be set aside for lack of proper notice.
Whether a particular defect is significant enough to invalidate the sale depends on a state's statutes and case law.
The Taxes Were Paid or Aren't Owed
If the homeowner already paid the taxes, the sale is invalid and could be set aside. Likewise, if the property is exempt from taxation, a tax sale would be void.
Excusable Neglect
A legitimate excuse for failing to respond to, say, a tax sale foreclosure action might justify setting aside the sale.
For instance, if a 74-year-old widow with a psychiatric disorder fails to do anything about the delinquent taxes until eviction proceedings start, a court would likely set aside the sale and let her keep the home if she pays the full amount of the taxes due.
Hiring an Attorney
The reasons that justify, as well as the procedures for, invalidating a tax sale are complicated. This article covers just a few situations that might provide grounds to set aside a tax sale.
If you've lost your home to a tax sale and want to learn more about setting the sale aside or redeeming the property, you should speak with a qualified real estate attorney, tax lawyer, or foreclosure lawyer as soon as possible.
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