California property taxes - Posted by michaela-CA
Posted by michaela-CA on June 21, 2007 at 08:35:09:
I’ve brought this up on the main board, but haven’t gotten an answer that tells me exactly why my thinking is wrong. So, I hope that someone here might be able to explain>
In Atlanta, where I just moved from, back taxes, code enforcement liens, water sewer liens can’t be collected after 7 years. They’re automatically forgiven at closing (well, sometimes they ned to get nudged a little ). That’s based on O.C.G.A. 9-12-60 - civil practice. Due to those liens being considered judgments and judgments go dormant after 7 year sin Georgia, unless officially renewed on the lien docket.
So, now I’m in California and I have a property under contract, that has 250K in back taxes/code enforcement liens & penalties, startig 20 years ago. This i smany times it’s value. They insist on collecting, but of course noone buys (they’ve tried severalt imes to auction it off, but no bids)
So, it still belongs to the original owner.
The California Revenue & tax code, section 2191.3 states that a personal property lien is to be treated like a judicial lien. That’s a judgment, as far as I know.
The California Civil Code of Procedures says:
683.020. Except as otherwise provided by statute, upon the
expiration of 10 years after the date of entry of a money judgment or
a judgment for possession or sale of property:
(a) The judgment may not be enforced.
(b) All enforcement procedures pursuant to the judgment or to a
writ or order issued pursuant to the judgment shall cease.
(c) Any lien created by an enforcement procedure pursuant to the
judgment is extinguished.
So, if all those laws are in this state as well, wouldn’t it follow, that a personal property lien is to be extinguished after 10 years, unless specifically renewed on the docket?
What’s wrong with this thinking?
Michaela