Q: Can a house be sold at auction while it's currently in bankruptcy?
I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.
A: Not unless the court has given permission for the sale.
David Luther Woodward agrees with this answer
A: Depending on how far you are behind on the taxes, the taxes usually are not an issue until you get beyond 2 years of being behind and taxes are not paid. A more common issue related to the home is the unpaid HOA fees (if there are any) as they could be problematic. You should check with the tax collector and on the taxes and see how far behind they are for past years taxes. Also, your divorce attorney should have some say so regarding the transfer or attempted transfer of the property, there are specific and special protections that apply to Homestead, this includes bankruptcy. Also, a bankruptcy usually puts a hold on foreclosure for a number of months (but you should check with a bankruptcy attorney for the specifics).
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