Property tax problems for customers of bankrupt lender

Delinquent Property Taxes & Bankruptcy. A secured debt includes personal liability and a lien on certain property, and bankruptcy discharges only the personal liability. Delinquent property taxes are essentially secured debts because they include both personal liability and a lien on the property that was the subject of the tax.

The good news: In most jurisdictions, your mortgage lender cannot foreclose on your home for unpaid taxes. The bad news: This does not prevent foreclosure. Your town, city or county can foreclose.

The NYC Property Tax Problem Chicago, IL bankruptcy attorneys can help you get rid of unpaid property taxes and other real estate taxes. Call our bankruptcy attorneys in Chicago, IL to avoid the risk of losing your home. Call (312) 724-5650 to cure your debt problems.

Collection of fees after bankruptcy dismissal depends on the terms of the mortgage agreement and New York state law. Bankruptcy courts keep jurisdiction to enforce their orders after dismissal. If a lender did not get a bankruptcy court to approve fees, it may not be able to collect fees when a Chapter 13 debtor’s case is dismissed.

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Your property tax creditor is ahead of, or superior to, your mortgage lender on your home’s title. So if the property taxes were indeed foreclosed on, your mortgage lender would have the property foreclosed out from under it as well. That would leave your lender without any collateral protecting its mortgage debt.

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The bankruptcy "estate" includes all assets that you own when you file your bankruptcy case. It includes your home. A tax authority’s foreclosure for property taxes is the enforcement of the property tax lien. That foreclosure becomes illegal as soon as your bankruptcy filing imposes the automatic stay.

 · McClary also warns that lenders may look less favorably on a Chapter 7 bankruptcy because it doesn’t involve a repayment plan like a Chapter 13 bankruptcy. As a result, it may be tougher to get a personal loan after Chapter 7 discharge. You don’t have to wait the full 10 years for your credit score to improve though.

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