Legal Question in Real Estate Law in California

foreclosure and property taxes

I am unable to make my mortgage payments. Once I am evicted, do I still owe property taxes ? I have not made mortgage payments for three months, but am still in the house, do I owe property taxes for those three months ?


Asked on 12/06/08, 4:58 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: foreclosure and property taxes

Only tenants are "evicted". Until the property is sold at a foreclosure sale, you are the owner and are liable for any taxes. Once it is foreclosed upon by being "bought" at the sale [including the lender paper bidding the outstanding loan balance] you are no longer the owner and are only liable for your pro rata share of the taxes [the percentage of time during the tax year you were the owner]. Since the taxes run with the property and not the actual person who was the owner, the lender will have to pick up the back taxes and add them to the amount of the loan [but once they use a non-judicial foreclosure, they give up theri ability to go after you for what you owe them].

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Answered on 12/06/08, 10:09 pm


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