i live in CA, and own a small piece of land in hawaii (big island, near volcano). The land isn't worth very much and worse yet there is a lien holder on the title of the land. The lien holder has past away and I am not sure how to proceed. I want to get rid of the property because i have to constantly pay local taxes and state property tax.
One route would be to try and track down leinholder relative or something and try to get free and clear title in some manner and sell property ?
If that proves troublesome can I just stop paying property tax to effectively gift the county / state of hawaii the property as they would likely seize such property? or would that make the issue worse ?
This is a tough one because you need to locate the heirs/executor/personal representative of the deceased to get the lien released. If you can, then if the lien was paid, they should sign a release that an attorney can prepare for you. If you can prove the lien was paid off, there is a court process to assist you, but you must have diligently tried to find the heirs or personal representative of the deceased. You may need to engage a private investigator to help you. The problem is that it may cost more than the land is worth, but that is a call you need to make. If you fail to pay the real property taxes the County will eventually foreclose.
In addition to real estate law, including Landlord/Tenant actions, in the State of Hawaii, I also have practiced federal bankruptcy law for over 30 years. If my answers relate to a bankruptcy question, the following statement applies. "As a debt relief agency, we also help people file for bankruptcy relief under Chapter 7 of the Bankruptcy Code, and federally supervised repayment plans under Chapter 11, Chapter 12 (farmers and fishers) and Chapter 13." My response to questions does not form an attorney-client relationship and reliance on such a response creates no liability as to the accuracy or completeness of the response.
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