[ryanackley]

I hope the couple win this case. It's totally a question of privilege. The notice being sent to the deceased bookkeeper is the adult equivalent of the dog ate your homework.

People who are out of work or live on a fixed income (i.e. more legitimate excuses for not paying your property taxes) lose their homes to tax auctions all the time.

[harryh]

There is a difference between losing your property because you can't afford the taxes and losing it because you didn't know that taxes needed to be paid and the state didn't bother to tell you.

[quicklyfrozen]

The point is that there really isn't a difference for most of us. I've had a town send a tax bill to the wrong address, but there was still no way out of the penalty that accrued. We only discovered the problem when we realized we hadn't seen a tax bill in quite a while (it was still being sent to a previous owner).

[harryh]

I'm fine with penalties and late fees for people that don't pay on time because they didn't handle the paperwork properly. I'm not fine with their property being confiscated with no warning.

[ryanackley]

They told them based on the most recent address of the contact on record. Why should it be the responsibility of the tax collector to make sure this is up-to-date and accurate?

[torstenvl]

Because it's always the responsibility of the tax collector? Because the government is the least cost avoider?

I used to work for a title search company that contracted with counties within that state to handle tax foreclosure. In order to foreclose on property for delinquent taxes, certified mail had to be sent to the most recent known address, the delinquency had to be published in a local paper, and a notice had to be posted on the property itself. I believe this is more-or-less the norm.

[ryanackley]

I don't think it's the norm because it doesn't sound like most of these things happened in this case.

Also, I've participated as a bidder in one auction where I live in FL. There was no notice posted on the property. I don't know if the other things happened.

[torstenvl]

By the time it goes to auction it's already been foreclosed on.

[ryanackley]

It's way different where I live. There is no foreclosure before the tax deed auction.

[harryh]

Because the government exists to serve the people, not to rigidly enforce laws like a mindless automaton no matter the consequences.

[ryanackley]

I agree but what are the extenuating circumstances in this case? Was the person responsible off serving in the Armed Forces so they didn't get the notice?

Nope, actually it sounds like someone forgot to change their address seventeen years ago. How hard is this to take care of? Or hey, even for someone in the HOA to notice they haven't been getting a tax bill for the last 17 years.

[harryh]

The extenuating circumstance is that it's obvious to anyone that this was a clerical mistake not an inability or unwillingness to pay the bill.

People shouldn't forfeit their property without warning because of clerical mistakes.

[ryanackley]

Sorry I don't agree. The situation was one of the HOA's own making. The tax collector didn't make the mistake, the HOA did. That's how life works for most people. There are consequences for making mistakes.

Also, with regard to there being "no warning". Why wouldn't there be an assumption by the HOA that they owed taxes even though they weren't receiving a bill?