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What Happens if I Fail to Pay My Property Taxes on My Home in California?

Posted on in Property Taxes

San Jose property tax attorney, California property tax, property taxes and liens, back property taxes, public auctionIf you do not pay your property taxes on your home, you risk having your home sold at a tax sale. However, this consequence does not happen immediately, and the government must take multiple steps in order for your home to be sold.

There are a number of actions you can take if you have fallen behind on your property taxes, including speaking with a knowledgeable California property tax attorney.

The most important factor to keep in mind is that your home cannot be sold within five years of the delinquency. You have five years to pay the back amount or enter into a payment plan.

Property Taxes and Liens Against Your Home

If you do not pay your property taxes, a lien will be placed on your home. The lien will not just be the amount of back taxes that you owe. It will also include any amounts of interest, penalties, and costs stemming from the failure or late payment of taxes.

Having a lien placed on your home is the first step a tax collector must take in order to sell the home at an auction.

Notice of Tax Sale

A tax collector is also required to provide the property owner with proper notice. There are two types of notice a tax collector is required to give (or attempt to give). Failure to give notice as specified in the law may invalidate the tax sale.

The first type of notice is written notice that must be sent by certified mail between 45 days and 120 days before the property sale.

The second type of notice is personal notice, which is required if the property at issue is a primary residence. This notice must take place between 10 and 120 days before the sale. If the tax collector is unable to contact the homeowner, the law requires him or her to serve written notice five days prior to the auction.

Redemption and the Tax Sale

The time in which a homeowner can pay back monies owed and avoid having his or her home sold via an auction is called the redemption period, and it ends at 5 p.m. on the day before the tax sale. If this deadline is not met, the home will be sold at a public auction. At this point, it is very difficult for a delinquent taxpayer to get his or her property back.

Contact a Santa Clara Delinquent Property Tax Lawyer

If you are concerned about back property taxes you may owe, please call the accomplished San Jose property tax attorney at John D. Teter Law Offices. Property owners typically have a number of options to avoid tax sale. Call us at 408-866-1810.

Sources:

https://www.boe.ca.gov/lawguides/property/archive/2010/rt/3701.html

https://www.boe.ca.gov/lawguides/property/archive/2011/rt/3704-7.html

http://www.boe.ca.gov/lawguides/property/current/ptlg/rt/3691.html

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=3706.

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