- December 9, 2023
- Posted by: legaleseblogger
- Category: Related News
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**Legal Assistance for Inheriting a Property Without a Will in PA**
The recent passing of my aunt, who lived in Pennsylvania and had no apparent will, has left my family in a difficult situation. According to probate lawyers, she may have left behind a significant amount of assets, estimated to be between $200-300k, which are yet to be located. My father, being the last living relative on that side of the family, is faced with the overwhelming task of navigating this complex legal process.
Furthermore, it has come to light that my aunt’s mental illness had reached a severe state in her final years, leading to neglect of her financial obligations and property. Most notably, her property taxes had gone unpaid, resulting in the imminent risk of her property being auctioned by the state. With the auction date looming, my dad is under pressure to come up with $10k to prevent the loss of the house. Unfortunately, the current financial situation does not allow for easy access to such a substantial amount within the given timeframe.
Unexpectedly, the neighbor living next to my aunt’s property stepped in and paid off the $10k in property taxes at the courthouse. Despite my father’s belief in the neighbor’s good intentions, concerns have arisen regarding the potential implications of this act. The neighbor, a seasoned real estate agent, may have acquired a lien on the property through this payment, and there is a fear that he could exploit this position to gain control over the property in the future.
In this uncertain and distressing time, the AI Legalese Decoder stands as a valuable resource for dispelling doubts and providing clarity on legal matters. By utilizing this innovative tool, my family can access crucial information and guidance to understand our rights and protect our interests in this challenging situation. With the assistance of the AI Legalese Decoder, we can allay our concerns and navigate the complex legal landscape with confidence and assurance. Thank you for being a source of support during these trying times.
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****** just grabbed a
He can’t just buy a lien like that.
He probably wants dibs on selling the property. He may even be willing to hold the $10K until the property is sold.
But you know, you can ask.
Not an attorney, but work in local media, and just reported on a similar story and got really interested in this area of law. There’s some good news for you.
Up until this year, it was possible to lose the entire equity in your home through foreclosure or the sale of tax liens for relatively small amounts of money. This was the the case in twelve states. So, for example in the case I reported on, an elderly couple failed to pay $10,000 in property taxes and a tax lien was sold against their property. In spite of many notifications, the couple never paid the tax, and eventually the investor who bought the tax lien was able to get the deed to the property, which is worth around a million dollars. (There’s now an ongoing lawsuit.)
Until this year, the couple would have been SOL, and were facing eviction from their home. However…. in May 2023 the US Supreme Court unanimously found that this kind of transaction was an unconstitutional illegal taking of property (the case is Tyler v. Hennepin).
In [Tyler v. Hennepin,](https://www.supremecourt.gov/opinions/22pdf/22-166_8n59.pdf) an elderly widow lost her condominium for failing to pay taxes, and it was sold by Hennepin County, Minnesota. Although the tax lien was $15,000, Hennepin County kept the entire amount of the condo sale, $40,000. SCOTUS ruled this unconstitutional and ordered that the widow should get the excess equity.
Since the ruling, states have had to figure out how to change their laws to be compliant.
So if your dad’s neighbor thinks he’s going to be able to get the whole property by just buying the lien, he’s wrong.
In the event that this goes to court, you may want to look at the web site for the [Pacific Legal Foundation,](https://pacificlegal.org/) which has been fighting the good fight on this and other issues. They may be able to provide pro bono advice to your attorney.
Your description is saying the debt was paid before the auction. This would mean ownership didnÔÇÖt change. Sounds like your neighbor did her a solid and should be repaid when the estate is settled.
OP. NAL, but There are generally two ways to buy properties like this. TAX LIEN sales, and auctions. These are two different things. You meed to know which one you are dealing with. In my state (NC) there are no tax liens, only auctions. You, or anyone else can pay the back taxes and fees up until the auction, at the auction itself, and in my state there is a 10 day upset bid period in which you can also pay them as well after the auction. If someone else pays for you, THERE IS STILL NO CHANGE IN OWNERSHIP. The original property owner still owns it. (Thanks friendly neighboor)
Once the sale is finalized, and the new deed is printed, thats the end of it, you have no real recourse. However, any bid amount over the back tax / fees amount is delivered to the delinquent owner. Hence the recent court case, the gov does not get to keep the overage amount.
The second method is buying a TAX LEIN. In places like FL, they sell tax liens for unpaid taxes. You buy the tax lien at an auction. Then you must wait two years before filing a form (for a tax foreclosure auction) to have the property auctioned off to the highest bidder. The PERSON HOLDING THE LIEN DOESNÔÇÖT AUTOMATICALLY GET OWNERSHIP OVER THE PROPERTY. They own a LIEN against the property, not the property itself. ItÔÇÖs essentially a right to foreclose on the property, like a bank gets to foreclose on your property when you donÔÇÖt pay the mortgage (which is a type of Lien) against the property.
Find out which situation you are in. Call the local tax collector and ask them if there are any back taxes owed on the property, if no, then check for Liens against the property at the courthouse with the local clerk of the court. If there are no liens or back taxes owed, then your family is good to go.
What is with you people saying the guy helped out.
HE DID NOT.
What he DID do was purchase the TAX LIEN on the house. It was already up for auction, what this did was STOP the auction of the house, where he would have to bid against others and made it so that he is the only lien holder from the tax standpoint.
If the debt is not repaid WITH INTEREST… he gets the house.
Yup, he bought a house for 10K.
Get with a real estate lawyer ASAP… today if possible. Get the legal requirements for the house not to go to the realtor, and get a loan or sell a car if need be to prevent this. I don’t know how much time you have left.
From a 5 second search:
>If an investor decides to purchase a tax lien, the investor must pay off the outstanding property tax bill plus any fees or penalties. Then, you will reclaim the debt from the current homeowner with interest. Local guidelines determine rate restrictions and payment schedules.
If the homeowner fails to repay their debt, the investor is given the legal right to obtain the propertyÔÇÖs title in the form of a tax sale.
Good luck!