Tag

Tax Foreclosure

All articles tagged with #tax foreclosure

law2 years ago

Supreme Court delivers rulings in favor of homeowners in property disputes.

The US Supreme Court has ruled in favor of a 94-year-old woman who claimed that Hennepin County violated the Constitution by keeping a $25,000 profit when it sold her home in a tax foreclosure sale. The court unanimously concluded that Geraldine Tyler can pursue her argument that the county's decision to keep the surplus violated the takings clause of the Constitution’s Fifth Amendment, which requires that the government pay compensation when property is taken. The Pacific Legal Foundation, which represented Tyler, calls the practice “home equity theft.”

law2 years ago

Supreme Court delivers victories for homeowners in tax and equity disputes.

The US Supreme Court has ruled unanimously that a 94-year-old woman can pursue her claim that a Minnesota county violated the Constitution by keeping a $25,000 profit when it sold her home in a tax foreclosure sale. The court concluded that Geraldine Tyler's claim that such seizures violate the takings clause of the Constitution's Fifth Amendment, which requires that the government pay compensation when property is taken, is plausible and should be allowed to move forward. The Pacific Legal Foundation, which litigates property rights issues, calls the practice "home equity theft."

law2 years ago

Supreme Court Considers Property Rights and Foreclosure Practices

The Supreme Court is hearing a case on whether property seizures for unpaid taxes that result in someone other than the homeowner keeping more money than the taxes owed violate the "Takings Clause" of the constitution's Fifth Amendment. Property seizures like this are legal and happening in 11 states and Washington D.C., according to Pacific Legal Foundation. Homeowners altogether lost more than $860 million in the 8,950 homes that localities and private investors foreclosed on then resold for more money than what was owed in taxes from 2014 to 2021.

law2 years ago

Supreme Court Considers Property Rights and Taxation Disputes

The Supreme Court is considering a case brought by a 94-year-old woman who claims that a Minnesota county violated the Constitution by retaining a $25,000 profit when it sold her home in a tax foreclosure sale. The Pacific Legal Foundation, which is representing the woman, calls the practice "home equity theft" and is asking the Supreme Court to end it. The court will decide if such seizures violate the takings clause of the Constitution’s Fifth Amendment, which requires that the government pay compensation when property is taken.