How Can We Force the State to Take Ownership of Property for Back Taxes?
Full Question:
Answer:
The answer will depend on the terms of the bankruptcy order, but it is possible that a petition to quiet title or writ of mandate could be used to transfer the title. As the titled owner, a person is generally responsible for condo fees. As the titled owner, you remain liable for property taxes. A taxpayer remains personally liable for unpaid state taxes even though the state tax lien expires. There may be an issue over whose lien takes priority, the state or the bank. We suggest you consult a local attorney who can review all the documents and facts involved.
A writ of mandate is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. It is also referred to as a writ of mandamus. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation,
For further discussion, please see:
http://recenter.tamu.edu/pdf/1110.pdf
http://www.mass.gov/?pageID=dorterminal&L=6&L0=Home&L1=Businesses&L2=Help+%26+Resources&L3=Legal+Library&L4=Regulations+(CMRs)&L5=62C.00%3a+State+Tax+Administration&sid=Ador&b=terminalcontent&f=dor_rul_reg_reg_830_cmr_62c_50_1&csid=Ador