Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-23-2003, 07:39 PM
Threerivers
Guest
 
Posts: n/a
Question

What to do???


What is the name of your state?California
My mother sold a peice of property many years ago When she did this she gave the man a second mortgage for $5000 with 12% interest. The man paid of the first morgage but never paid off the second & has niver put it in his name. So now we have found out he is at least 2 years behind in taxes witch the county still has in in my mothers name. Does she have any rights to the property? Also should we pay the back taxes that are owed???
  #2  
Old 07-23-2003, 07:43 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: What to do???


Quote:
Originally posted by Threerivers
What is the name of your state?California
My mother sold a peice of property many years ago When she did this she gave the man a second mortgage for $5000 with 12% interest. The man paid of the first morgage but never paid off the second & has niver put it in his name. So now we have found out he is at least 2 years behind in taxes witch the county still has in in my mothers name. Does she have any rights to the property? Also should we pay the back taxes that are owed???

My response:

First, let's discuss the loans - -

How many years ago did this take place, and when was the man's last payment on the second mortgage?

Was the second mortgage in writing?

IAAL
  #3  
Old 07-23-2003, 07:55 PM
Threerivers
Guest
 
Posts: n/a
The property was sold 21 years ago As far as Im aware he never made any of the payments. Yes it is in writing & we have copies of it. My mom was going to just let it go untill she found out it was still in her name & now the taxes are default!
  #4  
Old 07-23-2003, 08:02 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by Threerivers
The property was sold 21 years ago As far as Im aware he never made any of the payments. Yes it is in writing & we have copies of it. My mom was going to just let it go untill she found out it was still in her name & now the taxes are default!

My response:

Okay, there's nothing she can do about the second mortgage. She's way, way, way, past the Statute of Limitations. So, that's a dead issue.

Insofar as the taxes are concerned, and despite the fact that the land is still in her name, your Mom doesn't have to pay the taxes. The land will be sold at a tax sale.

Your Mom can repurchase the land for the amount of taxes due, at the land sale!

IAAL
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:41 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.