Tax Payment Plans: Stopping Foreclosure

Oakland County provides services to its residents based on property taxes that are assessed and charged to every property owner in the county, businesses and individuals. Sometimes the tax bill is included in a mortgage payment and sometimes not.

Delinquent County Tax = Foreclosure?

But if the bill is not paid on time, the county is generally not happy about it. It is required to send a notice that the tax is due before foreclosing and selling the property as it prefers to have the payment than end up selling homes and buildings at auction, but it won’t hesitate to compel an auction type sale to raise the money to pay the tax.

Oakland County, like many others, developed a “payment plan” for home and business owners to accommodate budget issues and the inability to pay the entire tax bill. The form stated that “THIS IS NOT A CONTRACT”, but the deal was that if you paid, they did not sell the property at auction sale even if you were delinquent.

Oakland County Stepped Up Forecloses

This year, despite having many taxpayers sign the forms and make payments, the county took a more aggressive position and proceeded with foreclosure auction sales despite the partial payment agreements. It claimed they “WERE NOT CONTRACTS” because the taxpayers were already obligated to pay the tax, so they got nothing out of the deal. Many people were set to lose their homes on July 18, 2018.

We Helped Stop This Action

We were able to successfully confront the court with its argument that the agreement is not worth the paper it is written on by showing this was a deal that the county offered to avoid the cost and hassle of an auction sale and avoid the risk of selling and not covering all the tax that was due.

In the end, every tax payer with a partial payment or installment agreement got the chance to pay the overdue tax and save their home. Sometimes, even the tax man can’t avoid the truth.

Contact Us Today

For experienced assistance with all foreclosure-related matters in metro Detroit, call our Birmingham office at 248-658-8590, and find out how we can help you or use our contact form.

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