Skip to main content

Search

Home Foreclosures: Louisiana

La. Const. Art. VII, § 25; La. Stat. Ann. §§ 47:2151 to 47:2197, 47:2241 to 47:2247

Method of Tax Sale: Tax Sale Certificate—sold at auction to person offering the total amount due for the smallest percentage interest in the property or, alternatively, the lowest percentage redemption penalty. § 47:2153, § 47:2155.

Pre-Sale Notice:

Number of Notices: Two.

Home Foreclosures: Maine

Me. Stat. tit. 36, §§ 891 to 1084

Method of Tax Sale: Tax Deed—sold at auction to the bidder who will pay the taxes and costs due for the least fractional part interest in the property. §§ 1074, 1080.

Pre-Sale Notice:

Number of Notices: Two.

Home Foreclosures: Maryland

Md. Code Ann., Tax-Prop. §§ 14-808 to 14-854 (West)

Method of Tax Sale: Tax Lien Certificate—sold at auction to highest bidder. §§ 14-817, 14-820. In Prince George’s County, a limited auction is conducted prior to public auction. § 14-817(d)(1).

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Massachusetts

Mass. Gen. Laws ch. 60, §§ 1 to 105

Method of Tax Sale: Tax Deed—sold at auction to the bidder who will pay the taxes, interest, and intervening costs due for the smallest undivided part interest in the property. § 43. A municipality may also assign or transfer at public sale property tax receivables to private parties, except where the municipality receives notice before transfer that taxpayer is a veteran. § 2C.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Michigan

Mich. Comp. Laws § 211.60 and § 211.78 to 211.79a

Method of Tax Sale: Tax Deed—property initially forfeited to the county treasurer for unpaid taxes and fees and then sold at public auction to highest bidder. § 211.78m.

Home Foreclosures: Minnesota

Minn. Stat. §§ 279.001 to 279.37 (real estate tax judgments); §§ 280.001 to 280.43 (real estate tax judgment sales); §§ 281.01 to 281.70 (redemption of property from tax judgment sales); §§ 282.01 to 282.40 (sale of tax-forfeited land—property deemed bid in for state which is not redeemed)

Home Foreclosures: Missouri

Mo. Ann. Stat. §§ 140.010 to 140.722; §§ 141.820 to 141.970 (alternative procedure for first class counties not electing to operate under Chapter 140, and for St. Louis)

Method of Tax Sale: Tax Lien Certificate—sold at auction for amount of delinquent taxes. § 140.290.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Montana

Mont. Code Ann. §§ 15-17-121 to 15-17-326, 15-18-111 to 15-18-221

Method of Tax Sale: Tax Lien Certificate. Upon attachment of tax lien, county is possessor of tax lien unless it is assigned, and county treasurer prepares a tax lien certificate and files it with county clerk and recorder. § 15-17-125.

Pre-Sale Notice:

Number of Notices: One. Notice of pending attachment of tax lien. §§ 15-17-122, 15-17-125.

Home Foreclosures: Nebraska

Neb. Rev. Stat. §§ 77-1801 to 77-1863, 77-1901 to 77-1941

Method of Tax Sale: Tax Lien Certificate—sold at auction to person who offers to pay delinquent taxes and costs for smallest portion of the property. § 77-1818.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: New Jersey

N.J. Stat. Ann. §§ 54:5-1 to 54:5-137

Method of Tax Sale: Tax Lien Certificate—sold at auction to bidder offering lowest interest rate for redemption amount. § 54:5-46.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: New Mexico

N.M. Stat. Ann. §§ 7-38-1 to 7-38-93

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. § 7-38-70.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: New York

N.Y. Real Prop. Tax Law §§ 1100 to 1194 (McKinney)

Method of Tax Sale: Tax Deed—conveyed to tax district in foreclosure proceeding or sold at public auction. §§ 1166, 1168. (New York City is authorized to sell tax lien certificates; see Chapter 3 of Title 11 of the Administrative Code of the City of New York, captioned “Tax Liens and Tax Sales.”)

Home Foreclosures: North Carolina

N.C. Gen. Stat. §§ 105-349 to 105-378

Method of Tax Sale: Tax Deed—property (or so much as is necessary) sold at public auction to highest bidder. § 105-374. (An alternative, nonjudicial, in rem procedure is available under § 105-375).

Pre-Sale Notice:

Home Foreclosures: North Dakota

N.D. Cent. Code §§ 57-28-01 to 57-28-28

Method of Tax Sale: Tax Deed—property is forfeited to county and then sold at public auction to highest bidder. §§ 57-28-15, 57-28-16.

Pre-Sale Notice:

Number of Notices: Two.

Home Foreclosures: Ohio

Ohio Rev. Code Ann. §§ 5721.01 to 5721.43

Method of Tax Sale: Tax Deed (§ 5721.19) or Certificate (§ 5721.31)—sold at auction to highest bidder (deed) or sold at auction to bidder offering lowest interest rate for redemption amount (certificate). Ohio also has a statute, not summarized below, regarding disposition and redemption of property which is forfeited after two unsuccessful foreclosure sales. §§ 5723.01 to 5723.19.

Pre-Sale Notice:

Home Foreclosures: Oklahoma

Okla. Stat. tit. 68, §§ 3101 to 3147

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. §§ 3131, 3132.

Pre-Sale Notice:

Number of Notices: Two. § 3106 (delinquency), § 3127 (sale).

Home Foreclosures: Oregon

Or. Rev. Stat. tit. 29, §§ 312.005 to 312.990

Method of Tax Sale: Tax Deed—property conveyed to county through court foreclosure proceeding. §§ 312.120, 312.200, 312.270.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Pennsylvania

72 Pa. Stat. §§ 5860.101 to 5860.803 (Real Estate Tax Sale Law)

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. §§ 5860.605, 5860.608.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: K.1 Generalized Glossary

Compliments of AFFIL partners: Center for Responsible Lending and the National Consumer Law Center. Italicized words are separately defined within this subsection.

Acceleration. When a creditor claims the total balance of a loan is due immediately. This cannot usually occur unless you have fallen behind on payments. In the case of a home mortgage, receipt of a letter stating that a loan has been “accelerated” is normally an important warning sign of foreclosure.

Home Foreclosures: K.2 Specialized Glossary of Mortgage Servicing Terms

The following is a glossary of terms related to the servicing of consumer mortgages. Advocates may find this glossary helpful in understanding mortgage escrow statements, loan histories, and other client account documents obtained through discovery or in response to a qualified written request under the Real Estate Settlement Procedures Act (RESPA). It includes abbreviations that commonly appear on account statements. However, these account documents often contain numerical codes and other cryptic notations used by servicers to designate particular account transactions.

Home Foreclosures: Introduction

This appendix contains forms and other documents that may be referred to or used by attorneys or housing advocates seeking to assist homeowners facing foreclosure. This appendix also includes samples of common mortgage loan documents. The forms and documents in this appendix are available online as companion materials to this treatise.

Home Foreclosures: I.1 Sample Mortgage

This sample mortgage is based on the Uniform Instruments provided by Fannie Mae and Freddie Mac for the origination of single-family residential mortgage loans in all States and U.S. Territories. State specific versions of the Fannie Mae/Freddie Mac mortgages and deeds of trusts are available at www.freddiemac.com.

MORTGAGE

DEFINITIONS