Can I file a chapter 13 to save my home from being sold at auction due to delinquent property taxes? 27 Answers as of April 24, 2014

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The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Chapter 13 can be used in that situation. Whether you can do it may depend on other factors such as your income, assets, or other property. See an attorney ASAP.
Answer Applies to: Wisconsin
Replied: 4/24/2014
Stephens Gourley & Bywater | David A. Stephens
Yes, but you would have to pay the taxes through the plan.
Answer Applies to: Nevada
Replied: 4/24/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Property tax arrears can be caught up in a Chapter 13 and it can stop a foreclosure sale. If that would work for you, I don't know. It depends on many factors. Please see an attorney who is local to you and knowledgeable in bankruptcy law.
Answer Applies to: California
Replied: 4/24/2014
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
A chapter 13 filing will save your house will save your house from a tax sale and afford you an opportunity to repay the delinquent property taxes, in full, through the Chapter 13 Plan. You should discuss this matter with local bankruptcy counsel, as Chapter 13 can be very tricky for the unwary.
Answer Applies to: New York
Replied: 4/23/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes! However, the case must be typed and file before the sale.
Answer Applies to: Georgia
Replied: 4/23/2014
    Idaho Bankruptcy Law | Paul Ross
    Yes, as long as you can afford the monthly payments and the plan is overall feasible. Visit with an attorney to start the process moving forward.
    Answer Applies to: Idaho
    Replied: 4/22/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Absolutely, but you will need to use the time in the Chapter 13 to pay off the back taxes. Strategy is very important in Chapter 13, and an experienced Chapter 13 attorney will have some great strategies to help make a Chapter 13 work to accomplish your goals.
    Answer Applies to: Nevada
    Replied: 4/22/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    A chapter 13 filing can postpone a foreclosure, but you must propose a feasible plan to cure the arrearage within 5 years or the case will be dismissed. It could be an expensive proposition, however, so be sure to investigate all available tax deferral or forgiveness programs before attempting a Chapter 13.
    Answer Applies to: Oregon
    Replied: 4/22/2014
    HARVEY S. MORRISON, ATTONEY AT LAW
    HARVEY S. MORRISON, ATTONEY AT LAW | HARVEY S. MORRISON
    The general answer is "Yes", but you must be able to fund a plan which would pay the taxes as well as other obligations.
    Answer Applies to: Ohio
    Replied: 4/22/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, you can catch up on the back taxes in Chapter 13 and keep your home. The downside is the county can charge you ridiculous interest and there are the Trustee fees on top of that.
    Answer Applies to: California
    Replied: 4/22/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes you can as long as it hasn't been foreclosed on by someone else and you can afford to make the payments to bring the taes up to date.
    Answer Applies to: Michigan
    Replied: 4/22/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The short answer to your question is: Yes. The long answer is: that while you can stop the sale, you have to be able to afford your house and you will need to be able to pay the taxes over the term of your plan. Otherwise, you will eventually lose the house.
    Answer Applies to: California
    Replied: 4/22/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Yes you may but your plan must pay the delinquent taxes.
    Answer Applies to: Indiana
    Replied: 4/22/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Yes provided that you meet the requirements to be able to file chapter 13 and there are a number of them. For example: you must have regular income, your debt does not exceed the debt limits of chapter 13, you can afford to bring the property taxes current with interest over a maximum period of 5 years while remaining current on the mortgage, etc. If this is your primary residence and you have a second mortgage and the property is worth less than the balance on the first mortgage you may even be able to get rid of the 100% unsecured second mortgage through something called a lien strip. Statistically, filing chapter 13 on your own without an attorney you can expect a success a rate of about 1% so research a local bankruptcy attorney with chapter 13 experience and discuss with them your situation to get an evaluation and determine if and how this option will help you.
    Answer Applies to: California
    Replied: 4/22/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, see an attorney, it depends on what stage the proceeds is in.
    Answer Applies to: Michigan
    Replied: 4/22/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    Yes, if you file the 13 before the auction, an automatic stay will be in effect and the auction will not be held. Further, the 13 will allow you to catch up on your property taxes. Contact a bankruptcy lawyer in your area asap to start the process to save your property.
    Answer Applies to: Texas
    Replied: 4/22/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, but if you don't have a proper payment plan, you will just get dismissed form the bankruptcy.
    Answer Applies to: New York
    Replied: 4/22/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes, in NJ that is a viable alternative but you will still have to pay the interest. The Filing of the Bankruptcy will stop the sale.
    Answer Applies to: New Jersey
    Replied: 4/22/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, you can definitely file a Chapter 13 case to save your house from a real estate tax sale. You can propose a Chapter 13 repayment plan to pay off the delinquent real estate taxes over a 5 year period. This is for most people the best way to save their homes.
    Answer Applies to: Pennsylvania
    Replied: 4/22/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes. Assuming you qualify, filing a chapter 13 case can stop foreclosure of a home or other property due to all kinds of foreclosures including purchase-money mortgage foreclosures, home equity loan foreclosures, property tax foreclosures, homeowner association foreclosures, and foreclosure of tax liens, either by the I.R.S. or holders of property tax liens.
    Answer Applies to: Texas
    Replied: 4/22/2014
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Most likely you can. See a lawyer, and good luck.
    Answer Applies to: Texas
    Replied: 4/22/2014
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