Do you know if State tax (Ohio) liens survive foreclosure?

Do you know if State tax (Ohio) liens survive foreclosure?

Investor · Blanchester, OH · Member since 2015 · 15 posts · 9 votes

In this case the foreclosing mortgage was originated in 2014 and the the certified judgements were from later years, so the mortgage was filed prior to the tax lien.  I just found out about this and the title company I use is closed on Saturday.  A google search didn't help much.  Thanks!

I know it would be extinguished if it were a mechanics lien, medical bill, etc because it was filed after the mortgage and is therefore subordinate, but I don't know about state income tax liens.

1Reply
25 views

Most Popular Reply

Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
4y

I can't speak specific to Ohio, but in NJ, tax liens, regardless of when filed always take first position lien.  The tax lien would have to be paid off.  Sounds like someone didn't check with the governing authority.

See this reply in the discussion

4 Replies

Jump to latestLatest
  • Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    4y

    I can't speak specific to Ohio, but in NJ, tax liens, regardless of when filed always take first position lien.  The tax lien would have to be paid off.  Sounds like someone didn't check with the governing authority.

  • Joshua JanusBusiness Member
    Realtor · Cleveland, OH · Member since 2021 · 1k+ posts · 1k+ votes
    4y

    I am not a lawyer and you should seek professional legal advice on this.
    But from my experience, property tax liens do survive the foreclosure process and take precedence over any other lien in Ohio. 

  • Investor · Blanchester, OH · Member since 2015 · 15 posts · 9 votes
    4y

    @Joshua Janus @Joe Martella  Thanks for the input.  I agree with both of you regarding a property tax lien.  It takes first position over any other lien.  This is a state income tax lien.  I don't have access to my attorney today and I don't remember seeing this issue before.

  • Lender · PA · Member since 2019 · 533 posts · 461 votes
    4y

    As a former real estate lawyer who is now an investor and lender almost all jurisdictional real estate tax liens survive a foreclosure in all States. Federal tax liens are treated differently. Good luck.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.