[sjp2036]

I sold my property on land contract back in 2005, before moving to Kentucky. The contract stipulated that this individual was to pay so much down and so much a month till it was payed off; including all property taxes. I found out earlier this year from an individual that he had not payed the 2006 or the 2007 taxes and the property was going into foreclosure and auctioned off in March 2009. The purchaser is also behind on payments and has not made any attempts to contact me or to try and pay off the taxes. I am in the process of finding an attorney to handle the foreclosure/forfeiture so that I can take the property back. I suppose my question is that if I get the property back before the county auctions it off, who is responsible for the taxes? Do I have to pay off 3 years worth of taxes or I loose the property all together? I am at a disadvantage here seeing as I have no way of paying the taxes without taking out a loan, and that I live in Kentucky and the last lawyer I talked to on the phone about it, has blown me off. Please someone....I need your advice.

[trinkit]

I would highly advise getting an attorney. Find one who WILL talk to you. I would also say that in order to save your property, you will need to pay the taxes. Get ahold of the tax office. You will also need to file a foreclosure on the person who purchased the property. If the deed is still in your name, then you are ultimately responsibile for the taxes, as unfair as that sounds. If it's going to be auctioned off in March 2009, you still have time to get your ducks in a row, but there really is no time to waste. Another unfortunate thing is that if the people are still in the house, you will need to evict them and risk them damaging the home in the process. I'm not an attorney, but have sold houses on land contract, having the foreclose on one. The other unfortunate thing is that with the housing market in Michigan as it is, once you get them out, the house will be vacant and you will have to go thru the process of trying to find a buyer again. Oh boy, I feel for ya.

[trmaoy]

I'm not a real estate attorney, but I think this is what will happen.

You will forclose on the purchaser based on non-payment on the note per the terms of the agreement. I pray you have a written agreement.

You will regain ownership of the property.

You as the owner will have to pay the back taxes on the property or the county will forclose on the property and you will lose it for non-payment of taxes.

You still have the right to sue the purchaser for non-payment of the taxes per the written agreement and hopefully you can recover from him the amount you have to pay to catch up the back taxes.

The main thing is starting the foclosure process to get the property back. You need to get the property back before the county forcloses on it. Even if he was current on the note you could probably still forclose, or at least sue him based on his non-payment of taxes because if he loses the property to the county you will also lose the collateral securing your note. In other words, you have to take action now to protect your interests.