can i get my home back after tax prop sale?

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can i get my home back after tax prop sale?

If you lose your home to a property tax sale in California, you generally can’t get it back, except in certain limited circumstances where the county decides to rescind the sale. If I file bankruptcy, would that stop the sale? If I file but am unable to tell the county by the sale date and tell them after the sale has happened, would they rescind the sale?

Asked on September 18, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Bankruptcy would *temporarily* "stay" or stop the sale if filed before the sale is complete. But it's only a temporary stop--it does not make a tax debt or tax lien go away, and the county could fairly quickly get that stay (the stop) lifted. 
2) Bankruptcy would not undo or rescind a tax sale occuring before the bankruptcy. It does not have retroactive effect in that way.


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