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Regular Contributor
LindaLu
Posts: 191
Registered: ‎06-13-2008
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can the state foreclose due to unpaid personal school taxes?

Here's my situation...my ex husband owes back taxes for school income taxes from when he lived in our home that I currently reside at from about 8 years ago..He doesn't return my calls so I just send the letters back that keep coming here for him..

 

I am concerned they will foreclose because of this..Although he "supposedly" signed a "quit claim" taking him off the title when we got divoriced I am under the assumption that he since he owed it from this property I could be in danger of the state foreclosing because of this.

 

The amount is a little over $1000..I was told by people that they wouldn't foreclose because of unpaid personal taxes..especially school taxes and because it is only $1000 and that they will probably garnish his wages instead..I am just concered though..

 

The last letter that came here from the attorney general's office had an attorney's name under it ...I sent it back but I'm getting concerned...

thanks for any insight...losing sleep over this..

Valued Contributor
GregB
Posts: 1,670
Registered: ‎05-24-2007
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Re: can the state foreclose due to unpaid personal school taxes?

What is this "supposedly" ???

 

DId he fill out a Quitclaim deed and did you record it to get him off the title?

 

This would be one of the most important parts of the divorce. Does he still own half the house? Also, what are "school income taxes"?

Regular Contributor
LindaLu
Posts: 191
Registered: ‎06-13-2008
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Re: can the state foreclose due to unpaid personal school taxes?

his attorney said he was to get with her the week after the divorice...that was almost 4 years ago..I just assumed he did but knowing him I wouldn't be surprised if he didn't and maybe his attorney just forgot about it. 

So if he did was I supposed to record it somewhere to get him off the deed?  I didn't know that ...I was never told about that..

.

 

school income taxes are taxes that some of the school districts require in Ohio.. it is 1% of each person's income....It is not anything to do with your property or anything...it is basically paid to the state and the school district gets the 1%..

 

what is your opinion?  will they garnish his wages or come after the property?

 

 

 

 

Valued Contributor
GregB
Posts: 1,670
Registered: ‎05-24-2007
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Re: can the state foreclose due to unpaid personal school taxes?

I'm not familiar with the tax so I wouldn't guess about what they might do. I'm guessing it is filed on the State Income Tax.

 

The Judgement of Dissolution would normally specify what is to be done with all property and how that would happen. If the house was put on your side of the Marital Balance Sheet it would normally be transferred to you via a Quitclaim deed. If it specified that he was to sign a Quitclaim deed, then it would commonly be ordered that he then record it or give it to your attorney to record. It is critical that it be done since otherwise, it is half his house.

 

If you are supposed to get the house, It might be simple to say that the divorce is not really done until the deed is recorded in your name.

 

They will get their money quicker if they garnish wages but many government agencies would find it easier to lien property.

Valued Contributor
beb86
Posts: 1,117
Registered: ‎10-31-2011
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Re: can the state foreclose due to unpaid personal school taxes?

+1 on the lein on your property

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Regular Contributor
LindaLu
Posts: 191
Registered: ‎06-13-2008
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Re: can the state foreclose due to unpaid personal school taxes?

thanks Greg and Beb on your insite.

 

I think actually there already is a lien on the property..even though I was never aware of it I found it on the public access to court records in my county ..on line..I thought there would have been some type of certified notice on this though...maybe it went to his current address and he just ignored it. 

 

Idon't mean to sound  uneducated but what exactly does a lien do?  I assume if I ever sell the property they will take that amount my the profit..correct?  or does that still make a foreclosure possible?    I still have to check on that quit claim too...

 

thanks guys:smileyhappy:

Valued Contributor
beb86
Posts: 1,117
Registered: ‎10-31-2011
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Re: can the state foreclose due to unpaid personal school taxes?


LindaLu wrote:

thanks Greg and Beb on your insite.

 

I think actually there already is a lien on the property..even though I was never aware of it I found it on the public access to court records in my county ..on line..I thought there would have been some type of certified notice on this though...maybe it went to his current address and he just ignored it. 

 

Idon't mean to sound  uneducated but what exactly does a lien do?  I assume if I ever sell the property they will take that amount my the profit..correct?  or does that still make a foreclosure possible?    I still have to check on that quit claim too...

 

thanks guys:smileyhappy:


A lien is a way to establish ownership on a property and is usually paid when one sells or refinances..A lien can force foreclosure but its unlikely since the foreclosure takes priority on the lien. 

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Valued Contributor
GregB
Posts: 1,670
Registered: ‎05-24-2007
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Re: can the state foreclose due to unpaid personal school taxes?

Beb answered your lien question very well but I was reading your question as meaning you were concerned that the lienholder might foreclose on the house.

 

If you found the county deed records, what does it say about the ownership? It should be your name only if the Quitclaim was processed and the deed recorded.

 

I would start by carefullly reading your Judgement of Dissolution and see what it says about the house. Make sure he did what was required even if that was only to get a Notarized Quitclaim Deed to your attorney. If he hasn't done anything that was required or has managed to get HIS debt on YOUR house, then you can take him back to court for not following the court orders. Even if you both had attorneys for the divorce, you may be able to do that in pro per as the court clerks may help you out.

Regular Contributor
LindaLu
Posts: 191
Registered: ‎06-13-2008
0

Re: can the state foreclose due to unpaid personal school taxes?

No what I found was the judgement the state department of taxation filed against him for unpaid school income taxes. I just assumed it put a lien on the house. The date was 5 months before our divorice was final

I'm calling the clerk of courts to see if there I'd a quit claim deed. If not my attorney is going to hear about it. His attorney too for that matter. I had no knowledge of how those worked. They are the attorneys not me
Valued Contributor
beb86
Posts: 1,117
Registered: ‎10-31-2011
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Re: can the state foreclose due to unpaid personal school taxes?


GregB wrote:

Beb answered your lien question very well but I was reading your question as meaning you were concerned that the lienholder might foreclose on the house.

 

If you found the county deed records, what does it say about the ownership? It should be your name only if the Quitclaim was processed and the deed recorded.

 

I would start by carefullly reading your Judgement of Dissolution and see what it says about the house. Make sure he did what was required even if that was only to get a Notarized Quitclaim Deed to your attorney. If he hasn't done anything that was required or has managed to get HIS debt on YOUR house, then you can take him back to court for not following the court orders. Even if you both had attorneys for the divorce, you may be able to do that in pro per as the court clerks may help you out.


GregB this is an awesome step-by-step and is laid out very well.

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