If a person is in bankruptcy and has made all payments on time, can a creditor suddenly decide to foreclose on a property because of a 1 year delinquent property tax?
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If a person is in bankruptcy and has made all payments on time, can a creditor suddenly decide to foreclose on a property because of a 1 year delinquent property tax?
The debtor has been making real estate tax payments but is 1 year behind; the county has not interceded.
Asked on February 6, 2013 under Bankruptcy Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the mortgage and/or promissory note states that the debtor must pay these taxes--as they most likely do--then yes, the lender may foreclose on this basis; a failure to taxes when such are required by the mortgage and/or note would be default of the mortgage.
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