What if you're behind on your real estate property taxes.
Did you know that a chapter 13 bankruptcy allows you to cure the amount of your real estate property taxes that you're delinquent on. It is a very important tool to utilize when you don't want to lose your property on account of back property taxes.
In Michigan, the amount of the back real estate property taxes owing become a lien on the real property and the laws that give the State Government the power are found under The General Property Tax Act, Act 206 of 1893.
Essentially, once the real property tax year becomes delinquent the clock on the countdown begins. Michigan has a three year forfeiture and foreclosure process. During year two of that real property taxes delinquency, the County Treasurer receives the forfeited parcels. By March 31st of the third year of that real property tax delinquency, a Foreclosing Governmental Unit steps in to foreclose on the parcel.
The bankruptcy laws allows the debtor to stop the foreclosure sale under §362, which places an automatic stay on all collections efforts the date and time the bankruptcy case is filed. The important point to remember is that you do not delay in filing a chapter 13 bankruptcy case, because once the bell is rung it can not be undone. Thus, you have to have your chapter 13 bankruptcy filed prior to the scheduled sale date, not after the date for the automatic stay to stop the real estate property foreclosure sale.
You have to propose a confirmable chapter 13 plan of reorganization, that is among other things, designed to cure the delinquent real estate property taxes over the duration of the chapter 13 plan term length. Also, because the debt is secured by the real estate property, the debt must be paid with interest as well.
Chapter 13 bankruptcy cases are very intricate, and require experience and expertise, which in the opinion of this author, is best left up to attorneys who specialize in bankruptcy law, and particularly chapter 13 cases.
If you are facing a foreclosure sale for delinquent real estate property taxes, do not delay time is of the essence, CALL US TODAY at 989-891-9780 for your free initial bankruptcy consultation. It is always good due diligence on your part to know all your options at your disposal to deal with this financial distress you find yourself in.
I have over 18 years of experience filing successful chapter 7 and chapter 13 cases, and would love to help you! I am so concerned about my clients that I have a 7-day availability to meet with them. Call me at (989)891-9780, even on weekends and if it’s late at night leave me a message, we will return your call/message. Call and schedule your FREE initial bankruptcy consultation, You can also schedule your free bankruptcy consultation on our website at www.gwkpllc.com
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