Legal Question in Real Estate Law in California
Former owner holds Deed of Trust on my home. 8 years-never been late on mortgage payment. Could no pay property taxes and 'Lender" redeemed all just prior to tax sale. 08/08 I was approved for PropertyTax Postponement for starting yr 2002 to date. Lender was to be refunded payment thru Tax Collector office - now tells me never
received refund and is going to foreclose on property. My installment note reads default is for not making mortgage payment. How can they foreclose because they paid taxes?
Marietta Donahoe
1 Answer from Attorneys
Unfortunately paying your property taxes is one of the terms of your mortgage. When the bank paid the taxes you then owed the bank and when you didn't pay them then in essence you did pay your mortgage and then they could foreclose. You should go see a real estate attorney to help you save your home because it would seem that if you can make your normal payments then you should be able to work something out with the Bank like a forbearance agreement or even a loan modification if warranted.
Good luck and hope this helps
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