My ex husband has a tax warrant from New York State Department of Finance for about $200, 000 from 7 years ago for a business he sold. This is unpaid sales tax. Actual debt was much less but grew with interest and penalties.
We still jointly own a home in Staten Island NY, which has no equity at this point, where I reside with my son. Can/would the State try to foreclose upon the house?
If there is no equity, presumably from mortgage liens and/judgments, there is no reason for the Department to want to attempt a judicial sale. They would get nothing and would be wasting their time.
A tax warrant creates a lien against your husband's real and personal property. The State is not in the habit of foreclosing on properties as it is not an easy path to take. If the house is attempted to be sold, the state will be there to collect its money.
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I suggest that you evaluate whether you want to continue living at this house. For all practical purposes, you are a tenant and it may be unlikely that you will ever have any equity in the home.
You should consider retaining an attorney to evaluate your options.
As a policy matter, the states don't like to foreclose on personal residences unless necessary, still, as long as the mortgages were recorded prior to the filing of the sales tax liens, the banks are first in right and your mortgages protect you from any tax collection.
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