Legal Question in Real Estate Law in California

Property Tax on default home

I have 1st & 2nd combined balance of 550K, and my home is only worth 400K, we are 2 month late on our payment, and is trying to sell our house as shortsales. Now we got the property tax for upcoming year, and we cant affort to pay this. My question is, do I have to pay the property tax since we will losse our home due to foreclose in 6-8 months anyway? How long will I need to move out before evited?


Asked on 7/13/08, 11:29 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Property Tax on default home

Property taxes take priority over all other liens and encumbrances on property. The property taxes will get paid at the foreclosure sale.

Having said that, if you have refinanced your home, then you could be liable for a deficiency balance after the foreclosure sale.

Once a default is declared, you will have over 3 and 1/2 months before the foreclosure sale. How much over depends on luck. You will be notified of the sale. Once the sale happens, the purchaser will give you a 3 day notice to vacate. If you do not vacate in 3 days, then the new owner may file an unlawful detainer case against you. The unlawful detainer process usually takes 2 to 5 weeks after you are served, before you are locked out.

Note that once an unlawful detainer is filed against you, it will appear on a credit report called the Unlawful Detainer Registry. Most landlords will not rent to someone listed on the Unlawful Detainer Registry. There are things you can do to delay the sale and eviction following it.

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Answered on 7/14/08, 1:43 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Property Tax on default home

No. But interest and penalty will accrue on the unpaid property tax. You may want to call me for referral to my client, that helps people in your situation.

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Answered on 7/15/08, 9:56 pm


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