News & Analysis as of

Tax Liability Foreclosure

Orrick, Herrington & Sutcliffe LLP

Maine amends processes regarding sale of foreclosed properties for nonpayment of taxes

On April 16, the Governor of Maine signed into law HP 1452 (the “Act”), which will amend the selling processes for foreclosed properties, specifically when a property is being foreclosed upon following a failure to pay taxes....more

Miller Canfield

Michigan Property Owners Entitled to Surplus Value When Foreclosed Property Transferred to Land Bank, Court of Appeals Rules

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Miller Canfield previously reported on Rafaeli, LLC v Oakland County (Rafaeli), in which the Michigan Supreme Court held that counties are not allowed to retain sale proceeds that exceed the taxes owed on a foreclosure...more

Vinson & Elkins LLP

[Hybrid Event] Navigating Workout Discussions with Lenders – Trends from 2023 - November 9th, New York, NY

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In this program, attorneys in Restructuring & Reorganization, Real Estate, and Tax will discuss commercial real estate loan workouts and amendments: the path most often taken by commercial real estate lenders in 2023 when a...more

Vinson & Elkins LLP

[Hybrid Event] Navigating Workout Discussions with Lenders – Trends from 2023 - November 9th, Dallas, TX

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In this program, attorneys in Restructuring & Reorganization, Real Estate, and Tax will discuss commercial real estate loan workouts and amendments: the path most often taken by commercial real estate lenders in 2023 when a...more

Pullman & Comley - For What It May Be Worth

Equity Forfeiture in Tax Foreclosures – On the Way Out?

In 14 of our 50 states, a taxing authority which forecloses real estate for unpaid taxes is entitled to keep the full auction proceeds even beyond the owner’s debt obligation.  Enabled by laws known as “surplus retention...more

Bricker Graydon LLP

New 6th Circuit opinion puts the brakes on expedited tax foreclosures by county land banks

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​​​​​​​You knew the wheels were falling off the (medieval) cart when the federal 6th Circuit Court of Appeals rattled off English legal theory from the year 1470, right?   Advocates for county land banking activities in...more

Freeman Law

Tax Court in Brief | Howland v. Commissioner | Mortgage Interest Deduction in Foreclosure Sale and Accuracy-Related Penalty

Freeman Law on

Tax Litigation: The Week of June 13th, 2022, through June 17th, 2022 Phillips v. Comm’r, T.C. Memo. 2022-58 | June 13, 2022 | Lauber, J. | Dkt. No. 18553-21L Chavis v. Comm’r, 158 T.C. No. 8 | June 15, 2022 | Lauber, J. |...more

Gray Reed

Tax Foreclosure on Royalty Did Not Include Possibility of Reverter

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Ridgefield Permian, LLC, et al. v. Diamondback E & P LLC, et al. addresses the scope of a property interest foreclosed upon by a tax suit in Reeves County, Texas. In this post we will shortcut the complicated facts and...more

Bricker Graydon LLP

Ohio Supreme Court upholds “expedited tax foreclosures,” allowing county land banks to acquire unoccupied, tax delinquent...

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In May 2020, the Ohio Supreme Court issued an opinion that carries importance for county elected officials and community and economic developers. Rejecting an activist effort to invalidate “expedited tax foreclosures,” the...more

Dickinson Wright

Michigan Property Tax and Civil Tax Collection Suits

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Civil suits to collect property taxes as an in personam debt are now limited to the person who owned the property when the tax became due, but the Michigan act does not completely prevent collection of property taxes as an in...more

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