delinquent taxes on a property I just bought, do I have to pay?

[Rubin Thomas]

Hi,

I just purchased a SFH 2 months ago and received a notice from the mail from my lender that there are delinquent taxes over the past 3y from the previous owner. The lender says I have to pay for them.

I had no idea of this coming into the deal and it wasn't disclosed to me.

Am I at fault and have to pay?

Not sure if this makes a difference, but I don't escrow.

[Don Konipol]

@Rubin Thomas

Did you purchase a title insurance policy at closing? If so, the title company “missed” the taxes, and they have “insured” you against prior claims, so you can file a claim with the title co. If the sale of the property was via a warranty deed, then a claim could be made by either you, or preferably the title insurer, against the seller. If the sale was by a quit claim deed, or almost any other deed other than warranty deed, then depending on if any other documents were signed by seller regarding liability for “back taxes” he may not be responsible.

Since as to the taxing authority the taxes stay with the property, if you or someone doesn’t pay them, and assuming no mistake was made as to their status, then your property is subject to any and all relief available to the taxing authority, including lawsuit, lien, or foreclosure action.