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Bought a house: Do I have to pay the city for mowing the grass before I bought the house?

  • I bought a house at an auction this year. The house is in North Carolina. I knew I had to pay property taxes to the county, but last week I was told that I also have to pay city taxes. I did not know that and did not get a bill. So I called the town and they told me that in addition to the taxes, I also owe them $600 for mowing the lot while the house was not occupied and before I bought the house. I asked them why they didn't ask the bank to pay, and they told me they sent the bill to them but they never answered. They told me that now that I'm the new owner, I have to pay. They also told me this happens a lot when you buy a foreclosed house. Is that true? Do I have to pay for this even though it happened before I bought the house?

  • Answer:

    No, you are not responsible for a prior owner's maintenance bills, whether owed to the city or a contractor. The city should have placed a lien (known as a "mechanic's lien") on the property if it wanted to be paid for mowing the lawn. That way the lien would have been discharged at the auction sale and the city would have been paid.

Bruce Feldman at Quora Visit the source

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Consider yourself lucky.  In Illinois, we have Public Act 94-1049 for condominiums, whereby the purchaser of the property previously obtained  through a foreclosure sale by/through the lender is liable for up to six  months of past due assessments or the balance of the account, whichever  is less. In one instance, I even had to pay for assessments racked up by the delinquent owner for failure to provide proof of liability insurance ($125) and cursing the property management staff at $25 per infraction.  When you try to negotiate these things down with the HOA, it is fruitless as you are negotiating against yourself as a member of the Association.

Dan Pepper

I don't think it is as simple as Bruce suggests, and likely depends on the state you are in, and how the local codes are written. Big picture Bruce is right, a foreclosure typically wipes out liens that were incurred later on. There are exceptions! For example past due property taxes stay with the property and become the new owners responsibility upon transfer (in a normal transfer, an escrow agent or attorney usually makes sure these are fairly pro-rated between buyer and seller). The reason I mention property taxes is that I've been unable to eliminate some city and county liens because the local laws are written such that unpaid liens rollover to the property tax roll if unpaid. And as I just mentioned you, as the new owner, are responsible for unpaid property taxes. I'm not sure their position is legally justifiable, but unless you can convince them otherwise it's going to be far more expensive to fight it in court, then to just pay it.

Sean OToole

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