Treatise Content
Home Foreclosures
Chapter 16, Property Tax and Tax Foreclosures
- 16.1 An Overview of the Process
- 16.2 Real Property Taxation Process
- 16.3 Preventing Property Tax Foreclosures
- 16.4 Redemption Following Sale
- 16.5 Fraud by Tax Sale Speculators
- 16.6 Private Collection and Enforcement of Tax Liens
- 16.7 Property Assessed Clean Energy (PACE) Tax Assessments
- Appendix F Summary of State Real Estate Tax Abatement Laws
- Appendix G Summary of State Tax Lien Foreclosure Laws
Surviving Debt
Chapter 19, Property Taxes and Tax Sales
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Conference Materials
Property Tax Foreclosures, Part 1: Overview and Constitutional Law Issues (Mortgage Conference 2022)
- Property Tax Foreclosures, Part 1: Overview and Constitutional Law Issues (PowerPoint)
- Excessive Fines Clause
- Notice of Post-Sale Procedures and Right of Redemption
- Tax Sale as Unconstitutional Taking of Homeowner’s Equity in Property
Property Tax Foreclosures, Part 2: Racial Justice Issues, Policy Solutions, Legal Defenses, and Bankruptcy Strategies (Mortgage Conference 2022)
- Property Tax Foreclosures, Part 2: Racial Justice Issues, Policy Solutions, Legal Defenses, and Bankruptcy Strategies (PowerPoint)
- Outline: Property Tax Foreclosures, Part 2: Racial Justice Issues, Policy Solutions, Legal Defenses, and Bankruptcy Strategies
- Investing in Distress: Tax Delinquency and Predatory Tax Buying in Urban America
- Nonprofit Legal Services Help Homeowners Struggling With Property Taxes Keep Their Homes
Using the FHA and ECOA to Combat Housing and Credit Discrimination (CRLC 2021)
- Second Amended Complaint, Morningside Cmty. Org. v. Sabree (Mich. Wayne Cnty. Cir. Ct. Mar. 3, 2017)
Conference Videos
Property Tax Foreclosures, Part 1: Overview and Constitutional Law Issues (Mortgage Conference 2022)
Property Tax Foreclosures, Part 2: Racial Justice Issues, Policy Solutions, Legal Defenses, and Bankruptcy Strategies (Mortgage Conference 2022)
Articles & Reports
Key Links
- How to Prevent Tax Liens and Tax Foreclosures from Depleting Wealth from Older Homeowners, Especially in Communities of Color (Sept. 2022) by Odette Williamson and Sarah Mancini, NCLC and Patti Prunhuber and Jennifer Kye, Justice in Aging
- The Other Foreclosure Crisis: Property Tax Lien Sales (July 2012) by John Rao, NCLC
- Frequently Asked Questions, about the Madeline Walker Act, RIHousing
- How a Small Group of Investors Turned Distressed Baltimore Neighborhoods into Profit Centers (March 29, 2023), by Sophie Kasakove and Nick Thieme, the Baltimore Banner
- Tangled Titles: Philadelphia Explores Heirs' Property Solutions to Boost Generation Wealth (Apr. 8, 2022) by David Slade, The Post and Courier
- Picket v. City of Cleveland (N. D. Ohio Sept. 29, 2020) (order) (FHA and Ohio disparate impact and due process claims can go forward concerning abuses regarding water billing leading to tax liens and takings)
- Picket v. City of Cleveland (N.D. Ohio Dec. 18, 2019 ) (class action complaint) (various claims including FHA and Ohio disparate impact and due process concerning abuses regarding water billing leading to tax liens and takings).
- Water/Color: A Study of Race and the Water Affordability Crisis in America's Cities (2019), by Coty Montag, Thurgood Marshall Institute at the NAACP Legal Defense and Educational Fund, Inc.
Training Session
Many states will be re-writing their property tax foreclosure laws in the wake of the Supreme Court’s decision in Tyler v. Hennepin County. This opens up a window of opportunity to broadly improve property tax systems. One of the most important ways to prevent tax foreclosure is to ensure that low-income and older homeowners have access to all available exemptions and discounts. Yet many older adults who are at risk of tax foreclosure have not taken advantage of all the existing tax relief options available to them. Heirs who have inherited a family home are even less likely to get access to these benefits.
This session will dive into the most impactful policy solutions to reduce the tax burdens on older adults, low-income people, and people of color, leaving you with actionable steps to work for change in your community.
Speakers:
- Odette Williamson, Senior Attorney at the National Consumer Law Center
- Andrea Bopp Stark, Senior Attorney at the National Consumer Law Center
- John Rao, Senior Attorney at the National Consumer Law Center
- Kristopher Smith, Community Development Program Officer at LISC (Local Initiatives Support Corporation) Jacksonville
The recording of this training session is being remediated for WCAG Accessibility compliance. To request a link to this video training, please email [email protected].