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Property Lien

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Yankee831

Junior Member
We had a municipal lien placed on our propert. I sent in a check for the lien amount and was contacted and told they wouldn't close out the lien because although we paid the lien amount in full, we actually owe more. Are they required to close the case in the court system since the court ordered lien amount was paid? Or can they keep it open since they are claiming we owe more? I am in Pennsylvania.
 


quincy

Senior Member
We had a municipal lien placed on our propert. I sent in a check for the lien amount and was contacted and told they wouldn't close out the lien because although we paid the lien amount in full, we actually owe more. Are they required to close the case in the court system since the court ordered lien amount was paid? Or can they keep it open since they are claiming we owe more? I am in Pennsylvania.
First, in 2013, Pennsylvania amended the Municipal Claim and Tax Lien law, and there was also a court decision in 2015 on municipal tax liens. Here is a link to the law as amended: http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2013&sessInd=0&act=93

And here is a link to Iacurci v. County of Alleghency, which addressed the legality of additional fees being imposed by municipalities on a delinquent taxpayer: http://www.pacourts.us/assets/opinions/Commonwealth/out/1886CD14_5-14-15.pdf?cb=1

Even if you paid off the delinquent taxes on your property, there remains for you the need to pay off all fees imposed by your municipality that were assessed, the fees to recoup the costs of collecting from you the unpaid taxes. These additional fees include penalties, interest and reasonable attorney fees. Until you pay these additional fees, there is no release of the lien.
 

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