How do I keep my house from being force-sold for taxes and hoa fees.

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How do I keep my house from being force-sold for taxes and hoa fees.

I own my home outright. It is assessed at 346k. I owe
5000 EACH, to stafford county real estate taxes
and the hoa. The only out to either one of these
organizations force-selling my house is a possible
loan to pay them off, then pay off the loan. But my
credit is poor, I’m 70 yrs old, on social security as my
only income. I have an arrangement with hoa to pay
monthly for 2 years. Taxes are due December 31,
2018. I’m drowning. Help.

Asked on June 9, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't stop a tax sale: if you don't pay your taxes, the government can take the house (essentially forceclose) and sell it, and not even bankruptcy will prevent that. (It may delay it for a few months after bankruptcy is filed, while the bankruptcy process plays out, before the "stay" or hold on any collections action is lifted, but it would be no more than a delay.) 
If you are up to date on an HOA payment plan or agreement, they can't force a sale: they can only do so if you default on (violate) the agreement.
Your best bet is to 1) keep paying the HOA as per the agreement; and 2) work out some similar payment-over-time agreement with the county, then honor it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't stop a tax sale: if you don't pay your taxes, the government can take the house (essentially forceclose) and sell it, and not even bankruptcy will prevent that. (It may delay it for a few months after bankruptcy is filed, while the bankruptcy process plays out, before the "stay" or hold on any collections action is lifted, but it would be no more than a delay.) 
If you are up to date on an HOA payment plan or agreement, they can't force a sale: they can only do so if you default on (violate) the agreement.
Your best bet is to 1) keep paying the HOA as per the agreement; and 2) work out some similar payment-over-time agreement with the county, then honor it.


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