If a person is in bankruptcy and has made all payments on time, can a creditor suddenly decide to foreclose on a property because of a 1 year delinquent property tax?

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If a person is in bankruptcy and has made all payments on time, can a creditor suddenly decide to foreclose on a property because of a 1 year delinquent property tax?

The debtor has been making real estate tax payments but is 1 year behind; the county has not interceded.

Asked on February 6, 2013 under Bankruptcy Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the mortgage and/or promissory note states that the debtor must pay these taxes--as they most  likely do--then yes, the lender may foreclose on this basis; a failure to taxes when such are required by the mortgage and/or note would be default of the mortgage.


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