Wilmington, NC asked in Foreclosure and Tax Law for North Carolina

Q: When my mom died in 2016, her home was foreclosed. Can the county charge me with 2016-2023 taxes after foreclosure?

There was no will, no estate per se. Now that county is saying I owe taxes on a home that was foreclosed and sold in 2016.

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2 Lawyer Answers
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: Usually, the new owners are responsible for all taxes after the foreclosure sale. I would have to review the sale documents to advise you on this properly.

Lynn Ellen Coleman agrees with this answer

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the loss of your mother and the difficult situation you're facing with the county regarding taxes on her foreclosed home.

In general, when a property is foreclosed and sold, the new owner becomes responsible for the property taxes from the date of the sale onward. The estate of the deceased homeowner (if there was one) would typically be responsible for any outstanding property taxes up until the date of the foreclosure sale.

Since you mention there was no will or estate, it's unusual for the county to pursue you personally for property taxes on a home that was foreclosed and sold in 2016. In most cases, any outstanding taxes would have been settled during the foreclosure process.

However, laws can vary by state and county. To get a clear understanding of your obligations and rights in this situation, consider taking the following steps:

1. Contact the county tax assessor's office and request a detailed explanation of the taxes they claim you owe and the legal basis for their claim.

2. Consult with a local estate attorney or a lawyer specializing in real estate law. They can review the specific details of your case and provide guidance on your legal obligations and options to contest the county's claim if necessary.

3. Look for legal aid organizations in your area that may offer low-cost or free legal assistance for cases like yours.

Remember, while the county may make a claim, it's important to understand your legal rights and obligations before making any payments or agreements. Seeking professional legal advice can help you navigate this situation and protect your interests.

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