Trulia Voices Real Estate Q&A in 30114

Lutz Jagiella
Lutz Jagiella
Just Looking
Georgia

I am on deed not mortgage. It is going to foreclose with overdue taxes and liens. Am I responsible for the?

taxes and liens? Help.

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Sandra Hordos
Sandra Hordos
Real Estate Pro
Woodstock
Sun Apr 13 2008, 16:44

Whenever you have a question like this, it would be best to contact a attorney who can give you advice and help you in the right direction. Don't wait. Communication is the key!

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Durenda Fachtma…
Durenda Fachtma…
Real Estate Pro
Coastal Tampa Bay ar...
Sun Dec 9 2007, 14:28

Lutz
I am not an attorney, and I recommend that you seek the advice of a local real estate attorney
(the small fee you pay your attorney could save you bundles)
You will probably find that:
taxes, yes
liens, yes to those that are you have jointly or individually promised payment

best of luck

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Joshua Jarvis -…
Joshua Jarvis -…
Real Estate Pro
Atlanta
Sun Dec 9 2007, 13:22

Lutz,

Yes and No. Depends on if you want to keep the home.

Of course you are not responsible, the person who "owns" the home is responsible. Meaning they aren't paying the bills, so guess what, YOU ARE NOW RESPONSIBLE.

If you want to keep the home, you might decide to pay the liens or work something out.

It sounds like this might be a situation where the mortgage holder is not paying the taxes and might not be paying the mortgage or sooner or later will not be paying it. You might check with them. Otherwise, the lender might follow suit on the foreclosure.

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Ginger R.
Ginger R.
Home Seller
Massachusetts
Sat Dec 8 2007, 21:16

Towns and counties do not like to foreclose on properties and many will try to work something out with a homeowner. I suggest that you go to your Tax Collector and explain your situation. They may be willing to work out a payment plan for you. They may also know of some local agencies who perhaps can help you.

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Lorie Gould
Lorie Gould
Real Estate Pro
Georgia
Sat Dec 8 2007, 13:55

If you are on the deed than you own the home and are equally responsible for the taxes and liens on the property just as the person on the deed and on the mortgage. The only difference is that mortgage is being reported on their credit and not your credit.

I am not an attorney (disclosure). In Georgia, if the home is going into foreclosure, property taxes take precedent and are paid first. First mortgages are paid second. Additional mortgages are then paid in the order they were recorded. Mechanics liens are then paid in the order they are recorded. When a home is foreclosed the property taxes are paid and usually a portion of the first mortgage is paid. Those next in line are usually out of luck. Mechanics liens are liens placed on the property. Mechanics liens stay with the property and do not follow the homeowners; therefore, these liens are not placed on credit report. If the full amount of the loan is not covered then the mortgage company can place a deficiency judgement on credit but that would only go on the person named on the loan.

Although the foreclosure process is different from state to state (meaning Georgia is non-judicial and most states are judicical) the actual process of payment of taxes, mortgages, and liens should be the same (check with a local Realtor or real estate attorney).

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Gail Hiebert
Gail Hiebert
Real Estate Pro
KCMO
Sat Dec 8 2007, 11:04

Hello Lutz, it sounds from your question, that you are the owner of the property and either sold the property with a DOT agreement, or some other similar arrangement where the buyer was responsible for all payments, PITI, and you were not aware that tax payments on the property were not being made. If this is the case, you need to go to the County and pay the taxes that are in arrears. You may also have to pay for the insurance premiums if those have not been paid and are also in arrears as you would not want your property uninsured. There is always a danger in selling property while holding title, and this is one of the potential problems. However, make sure that it's only taxes and tax liens that need to be redeemed. Although this is not a pleasant event, it is one that can be remedied without serious costs and loss of property. Act now before it's too late.

Web Reference: http://www.taxcats.net
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Eric Mabo
Eric Mabo
Real Estate Pro
Atlanta
Sat Dec 8 2007, 10:19
FIRST ANSWER

Sounds like the County is foreclosing because of unpaid taxes. You own the property, because you are on the deed (assuming you are not talking about a security deed here.) Those tax liens may affect your credit.

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