A Less-Known Foreclosure Risk Factor
Thanks to the unfortunate state of the housing market and the real estate boom and bust cycle that caused our nation’s housing woes, most Americans are more familiar than they were ten years ago with the basics of foreclosure.
But, as a recent edition of the National Public Radio program Fresh Air illuminated, mortgage-related financial distress is not the only thing that can lead to mortgage foreclosure. Unpaid tax liens, which many families may not even realize they owe, can also lead an otherwise financially stable family to foreclosure. Here’s what you need to know.
Unpaid Tax Liens and Foreclosure
Here’s a look at how missing a few simple payments to the government (or even to a utility company) can cause you to lose a home you own free and clear.
- You miss some payments: The process begins when a family misses some sort of payment. This can be taxes, a utility bill, or even membership fees to a homeowners’ organization.
- Someone tries to collect: At first, the collection process may seem benign: the government or utility company might send you a collections letter or two. But if you still don’t pay the money (whether because you can’t afford the amount or because you don’t realize the importance of the payment), your creditor may choose to involve lawyers.
- Legal representation is hired: An original tax debt or water bill of a couple hundred dollars could easily grow into a several-thousand-dollar debt when lawyers’ fees are added into the mix. If a creditor tries to legally compel you to pay your debt, the legal process requires plenty of work from a professional and whatever costs the creditor incurs from its lawyers are generally passed on to the debtor.
- The debt can be sold: If even lawyers are unable to get the debtor to pay (or if the creditor chooses not to hire legal representation), a creditor can choose to sell the debt – or, in the case of the story featured on Fresh Air, the tax lien. What can happen, then, is that whoever chooses to buy the debt has an incentive to collect on it because nonpayment of a tax debt can, in some cases, legally mean that a homeowner surrenders his property.
What Does This Mean for My House and My Taxes?
The Fresh Air story is chilling for two major reasons.
- You could lose a home you own: Even if you own your house free and clear, unpaid bills or tax debts could lead to mortgage foreclosure if the collection process gets out of control. The best way to avoid such a tragic fate is to read your mail carefully and to stay on top of even those taxes that seem “less” important. If you aren’t sure about whether you have to pay something, consult a legal professional so you don’t risk your family’s home.
- The “tax lien buying” market is growing: The other scary thing about this phenomenon is that there are infomercials that advertise how to buy tax liens as a shortcut to buying actual real estate.
The bottom line is to stay vigilant with payments and to always call and ask about something if you aren’t sure what your financial obligations are!







