Foreclosure in Riverside>Question Details

Eduardo Rami…, Other/Just Looking in San Diego, CA

I purchased a property at a Tax Deed sale in RIverside, CA. March of 2008. I received a letter from the

Asked by Eduardo Ramirez, San Diego, CA Thu Aug 21, 2008

county billing me for an abatement lien that happened in 2004. They are trying to collect $18,000.00. I thought that once you purchased the property, it would be free and clear, kind of how when a house goes to foreclosure sale it wipes out all prior liens except IRS Liens? Are they allowed to bill me for a lien that the prior owners had 4 years ago?

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Purchasing a property through a tax deed has some benefits that a purchaser of a trustee's deed through a non-judicial foreclosure does not have. A tax deed conveys title to the purchaser free of almost all encumbrances that existed before the tax sale. There are a few specific exceptions: certain tax and special assessment liens and easements, water rights, and restrictions of record. But aside from those, even liens or interests that were acquired or recorded before the tax lien are extinguished.

As a result, a tax sale purchaser may receive better title than an ordinary buyer, who takes title subject to any earlier recorded liens or deeds. However, in your case these abatement fees may be considered a special assessment and therefore a liability of the land that must be paid.

Be sure to contact an attorney quickly to ascertain whether these fees fall under your umbrella of responsibility and also be sure to resolve or extinguish this outstanding debt before any subsequent foreclosure actions are called upon you.

Good luck to you. Keep me posted if you can. I very curious about the outcome and how these abatement charges will be categorized.
5 votes Thank Flag Link Fri Aug 22, 2008
Happens all the time and many people find out about it the hard way. If the county did their homework correctly, they would have filed a lien and a title search would have picked up the lien. Then you would be buying it subject to that lien or not buying it. Title reps will tell you that alot of times the county or cities dont file correctly because of typos or incorrect information making the liens worthtless. If the lien is valid and title did not pick it up, they will do everything they can to thwart having to pay up until the last minute. Then they will pay. Some payouts are done out of state and this prolongs the procedure. However, your local title rep claims adjuster has the authority to settle certain claims under a certain amount and can write you a check. Strike up a good rapport with them, win them over and they can end up saving the say for you. Good luck.
1 vote Thank Flag Link Fri Mar 12, 2010
Yes. Other governmental agencies could have liens on tax sale properties.
0 votes Thank Flag Link Sat Apr 2, 2016
I know this is an old post but if i may ask, what city did you buy it in? Was it in an unicorporated area?
0 votes Thank Flag Link Fri Sep 9, 2011
You would be responsible for the bill.Is their a building on property???
If so you can apply for senior housing 55 plus to be reapplied to your property thus offsetting the bill.
0 votes Thank Flag Link Fri Oct 3, 2008
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