• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

"Owner" collecting rent after seizure for non-payment of county taxes

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mushroom51

Junior Member
What is the name of your state (only U.S. law)? Michigan

This one is a doosey folks - so please bear with me. I recently moved to a rural part of the country to be near my 7 year old son. Seemed like the right thing to do. Took occupancy of a property owned by the daughter of my ex. Daughter inherited the property together with her younger sibling from her dad ( my ex's ex) who died intestate. The estate was never probated nor did the daughter file as PR to the estate. I was unaware of this. She insited on being paid rent in cash, would not give receipts or a written lease. On 3/1/09 (an important date) she agreed to accept USPS money orders only of which I have copies. Due to personal differences, I have been threatened indirectly by both mother and daughter with various legal actions (evictions, withold visitation etc). Yesterday, 9/20/09, I became aware that the property has been siezed by the county for non-payment of taxes effective - you guessed it - 3/1/09. The show cause hearing is scheduled for 1/7/10. I have several questions:

1) Was the daughter ever legally in title to the property and was she entitled to collect rent?
2)Since title to the property has been siezed by the county and is currently in the redemption period, does she have any right to eviction or to collect additional rent from me?
3) If is is held that she does not have legal right to collect prior to (no probate) or after the county seizure, do I have any recourse for the rent that she (fraudulently?) collected?
4) If I pay the taxes prior to to the show cause hearing, (during redemption period) what if any, interest do I have in the property?
5) If SHE pays the taxes, does it reinstate title or does she have to wait till the hearing for determination.
6) What do I do in the meantime?

Sorry about the length - this is a very complicated situation and I can't afford formal counsel - just looking for suggestions.

Thanks
What is the name of your state (only U.S. law)? MichiganWhat is the name of your state (only U.S. law)?
 


justalayman

Senior Member
1) Was the daughter ever legally in title to the property and was she entitled to collect rent?
2)Since title to the property has been siezed by the county and is currently in the redemption period, does she have any right to eviction or to collect additional rent from me?
3) If is is held that she does not have legal right to collect prior to (no probate) or after the county seizure, do I have any recourse for the rent that she (fraudulently?) collected?
4) If I pay the taxes prior to to the show cause hearing, (during redemption period) what if any, interest do I have in the property?
5) If SHE pays the taxes, does it reinstate title or does she have to wait till the hearing for determination.
6) What do I do in the meantime?
first, let me say, you do not get to live there for free.

the county has not seized the property. You have the choice of forfeiture or foreclosure.

If it is in forfeiture, they have 1 year to pay the taxes. If it is foreclosed, the 1 year time of forfeiture has passed and the state now holds title to the property. It is too late to attempt to redeem.

there is no show cause hearing. She either pays the taxes or she loses it, that is, if it is in the forfeiture period.

a property is not "seized" while in the forfeiture period. The delinquent tax bill is sent to the county treasurer rather than being held by the local taxing authority. There is nothing done to or with the property, by the state or county, during this time.

what do I do in the meantime?
keep paying rent to your landlord or risk eviction.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top