In California, if I no longer own my home walked away and lost in foreclosure, I responsible for past delinquent taxes?
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In California, if I no longer own my home walked away and lost in foreclosure, I responsible for past delinquent taxes?
During the real estate crisis, about 7-8 years ago, I lost my home to
foreclosure. I basically walked away from the home. Am I responsible for paying
any back taxes that I owed when the house was taken by the bank? Currently, the
City of San Bernardino has been intercepting my California tax refund for those
taxes. I don’t own the home. It was my understanding that property taxes remain
with the property and is a lien against the property not the previous owner.
Please help.
Asked on August 18, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are not quite right. While a lien is imposed on the property which must be paid off to sell or transfer it with clean title, IN ADDITION to that, the government can hold the owner who incurred the taxes personally liable and take the money from him or her. You are liable because you failed to pay; the lien is a mechanism the government may use to make sure they are paid but that does not take away or absolve your liability. They can have it both ways: lien the property while pursuing you (and your money) personally. It's the same as with a mortgage: if a mortgage is not paid, the mortgagee (lender) can foreclose and sell the house at auction to recoup some or all of its money, but they don't have to--they could opt to sue the defaulting mortgagor (owners), too or instead; or they could collect any amount not cleared up/paid off by foreclosure from the owners. You cannot escape your liability for the amounts due simply by losing the property.
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