How to stop a tax foreclosure on property that hasn't been probated

Joshua Tree, CA Viewed 65 times. Posted 4 months ago in Tax

My neice is trying to save a piece of property in Hemit, Ca. It originally belonged to her step father's grandmother. She passed and then her daughter and husband lived on the property until their deaths (Possibly 10 yrs ago) Up until Dec 2008 her stepfather and mother lived on the property, abadoning it when they decided they didn't want the hassel of dealing with the county and of actually cleaning up the junk. Now my neice and nephews and been diligently working with the county and cleaning the land, they just received a letter from a law firm telling them to pay the back taxes of 2,000, or it will foreclosed on. They have 10 days. No one for 3 generations has done anything to probate this land and mobile home. what can they do to stop this foreclosure and leagally claim this property

Additional information
There is no mortgage owed, and for the last 7 months my youngest nephew has resided on this land without water or electricity, according to him this was the only notification that he has knowledge of, in 7 months

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Answers (2)

Keith

Posted 4 months ago.

If they want to keep the property, pay the $2,000 (if you don't have the cash on hand, get a loan from a bank or credit union).

Andrew Ryan Stilwell

This attorney is licensed in California. Posted 4 months ago.

You should immediately file for a probate, and have a judge stay any foreclosure proceedings in the probate court. Then the government agency who wants taxes out of the property will have to file a creditor's claim against the estate, and that debt will have to be paid before title will transfer to the heirs, whoever they may be. It will be important to have sound legal counsel on this one, as there are multigenerational intestancy issues here.

If you would like to discuss you options more, please feel free to email me at andrew@stilwellassociates.net

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