Q: Can a person who has not paid there property taxes in over ten years be forced into sale of their property in Tennessee?
And the person is mentally disabled
A:
In Tennessee, if a property owner fails to pay their property taxes, the county can initiate a tax sale to recover the delinquent taxes. This process is known as a tax lien sale or tax deed sale. However, there are certain protections and considerations for mentally disabled individuals.
1. Tax Sale Process: The county will typically send notices to the property owner, informing them of the delinquent taxes and the potential for a tax sale. If the taxes remain unpaid, the county can proceed with the sale of the property to recover the taxes owed.
2. Statute of Limitations: In Tennessee, there is no statute of limitations on the collection of delinquent property taxes. This means that even if the taxes have been unpaid for over ten years, the county can still initiate a tax sale.
3. Protections for Mentally Disabled Individuals: If the property owner is mentally disabled, there may be additional protections available. The court may appoint a guardian or conservator to represent the individual's interests and ensure that their rights are protected during the tax sale process.
4. Redemption Period: After a tax sale, there is typically a redemption period during which the original owner can reclaim the property by paying the delinquent taxes, interest, and any associated fees. In Tennessee, the redemption period is generally one year from the date of the tax sale.
It is important to note that while a tax sale can be initiated, it is not necessarily a forced sale in the traditional sense. The property is sold to recover the delinquent taxes, but the mentally disabled individual (or their guardian) may have the opportunity to redeem the property during the redemption period.
If you or someone you know is in this situation, it is highly recommended to consult with a local attorney who specializes in property tax law and can provide guidance based on the specific circumstances of the case. They can also advise on any available options or assistance programs for mentally disabled individuals facing property tax issues.
A: I would want to make my Redemption in less than 120 days from the Tax Sale. Be prepared tp file suit to enforce your rights.
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