10 results for 'cat:"Tax" AND cat:"Foreclosure"'.
J. Boulware grants a bank's post-remand motion for summary judgment. After borrowing more than $340,000 to purchase a home, the borrower stopped paying federal taxes, accruing $250,000 in income tax liability, plus interest. She then fell behind on her HOA payments and the HOA held a foreclosure sale on the property. The deed of trust was assigned to the bank, and the trust sought declaratory judgment that the property is not encumbered by the deed of trust. The deed of trust was recorded four years prior to the foreclosure sale. Despite this notice, the trust failed to inquire as to whether the title would be encumbered following that foreclosure sale.
Court: USDC Nevada, Judge: Boulware , Filed On: May 6, 2024, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: tax, Banking / Lending, foreclosure
J. Aarons finds that the lower court properly declined to vacate default judgment of foreclosure for back property taxes. The property owner contends he did not receive notice since a similar action had been withdrawn, but no new petition was required to reinstate foreclosure. Meanwhile, the appeal was not mooted by the county's sale of one of the parcels to a third party. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535873, Categories: Civil Procedure, tax, foreclosure
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Per curiam, the court of appeals finds that the lower court improperly found for the county in class claims brought when homeowners lost their property after falling delinquent on property tax because the county took title to the properties without paying just compensation for equity held therein.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 361397, Categories: Property, tax, foreclosure
J. Varlan grants summary judgment to the U.S. government in this case concerning certain federal tax liens and "the proceeds from the sale of real property." The tax liens against the decedent "remain in force" and encumber the property at issue, despite its transfer to a construction company. Further, the argument that the lien was "conclusively extinguished" is unavailing, and the defendant construction company "did not obtain priority over plaintiff's interest in the Real Property."
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: June 29, 2023, Case #: 4:21cv51, NOS: Foreclosure - Real Property, Categories: Property, tax, foreclosure
J. Reynolds Fitzgerald finds that the lower court improperly found for the county in claims concerning foreclosure for back taxes because recent precedent requires proof that delinquent taxpayers have been alerted to foreclosure by mail, and the property owner raised issues of fact concerning "demolition" fees listed on a particular lien without explanation. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: May 11, 2023, Case #: 534230, Categories: Civil Procedure, tax, foreclosure