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.

Related Topics:
2 Lawyer Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.