Legal Question in Real Estate Law in California

County Delinquent Tax Sales

I am interested in purchasing a property (not a tax lien) from a county delinquent tax sale. My thought is if the property is sold at auction then any mortgage holder and current property owner would no longer have a claim to the property. Is that correct? Can the county really sell privatly owned real estate at auction because of delinquent property taxes? What other legal issues can arise from such sales?


Asked on 3/08/06, 11:29 pm

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: County Delinquent Tax Sales

Your "thought" is wrong; what you will purchase is title subject to all the consensual liens that are already on the property, such as mortgages. Think about it; if all you had to do to wipe out a mortgage is not pay your property taxes, wouldn't everyone be doing it?

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Answered on 3/09/06, 11:10 am


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