If my town is going to start foreclosure proceedings for back taxes, what aremy options?

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If my town is going to start foreclosure proceedings for back taxes, what aremy options?

Asked on December 28, 2011 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really only have two options to avoid foreclosure:

1) Pay the property taxes; if you pay off the arrears (including any penalties, etc. you owe on it), you won't be foreclosed on.

2) Find someone who will buy the home and pay off the taxes as part of the purchase (necessary in order to transfer title). The town doesn't care *who* pays the taxes as long as they are paid, so if a buyer will pay the taxes, the town is satisfied and the buyer will be able to take title and possession.

Fundamentally though, a municipality's right to foreclose for unpaid taxes is near absolute; you cannot, for example, discharge the debt or avoid foreclosure in bankruptcy.


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