What Happens if Your House Ends Up in a Tax Sale?

Life happens and sometimes bills go unpaid. In Louisiana, if you do not pay your property taxes, you may find your property being listed for sale in a tax sale.

What is a Tax Sale?

The purpose of tax sales is to collect taxes on properties. If property taxes go unpaid, the property goes up for a tax sale. Individual bidders will then offer to pay the taxes in exchange for an ownership interest in your property. This process will occur via a public auction.

The price of the sale is often the amount of taxes that are unpaid. The price can vary widely from $500 to $10,000. In order for the original owner to buy back the property, he or she must pay the tax sale purchaser the price that was paid at the tax sale, a 5% penalty, plus 1% interest per month, and all costs that the tax collector imposed on the property.

What happens if your house was sold at a tax sale?

Don’t panic. There are remedies. In Louisiana, the original owner typically has 3 years to “redeem” the property and buy back the tax title. If the property is deemed blighted or abandoned, the original owner has 18 months to buy back the property. The time limit starts from the date that the tax certificate is recorded.

What happens if my time limit to redeem the property has passed?

After the time limits set forth for redemption, the tax sale purchaser then has to file a Petition to Quiet Tax Title to finalize the process and become an “official” owner of the property. At this point, if you are the original owner, you should take two actions if possible: 1. File an Answer; and 2. File a Petition to Annul Tax Sale if there are good grounds.

The procedure for “quieting” the tax title is laid out in La. R.S. 47:2266. Moreover, Louisiana courts have held that all owners must receive notice of the tax delinquency and notice of the tax sale. If notice is not given, the tax sale may be deficient.

If your property is caught up in a tax sale, a consultation with an attorney is advised. If you are served with a Petition to Quiet Tax Title, make sure you seek legal counsel to get a thorough analysis of your particular situation. Every case is unique and nuanced and has its own set of special circumstances.

What is Loss of Consortium in a Louisiana Personal Injury Case?

When an individual is severely injured, the injury not only affects that person, it also creates great financial and emotional stress for that person’s family. Income is drastically reduced or may even stop altogether. Childcare responsibilities fall on one parent’s shoulders. Household chores become one person’s obligation. In short, an injury can not only be catastrophic for the injured person, it also can also wreak havoc on their entire family. One unfortunate accident can effectively derail a family’s day to day life.

What are the elements of a Loss of Consortium claim brought by a spouse?

Typically courts will consider the following factors in a loss of consortium claim:

1. Loss of love, companionship, and affection;

2. Impairment of sexual relations between the parties;

3. Loss of financial support; and

4. Loss of aid and assistance.

   What is my Loss of Consortium Claim Worth?

   This is a fact specific question which will be unique for each case. Many questions will be asked of the spouses to determine the value of the loss of consortium claim. What activities did the married persons participate in prior to the accident? Were “date nights” a common event? What activities did the couple participate in together before and after the accident? Were the married persons sexually active prior to the accident? Were they sexually active after the accident?

   Clearly, the injuries and the marital relationship will need be thoroughly evaluated to determine how much the loss of consortium claim will be worth. Generally, the more stress and strain put on the non-injured spouse, the higher the loss of consortium claim will be in the case .

   If your spouse was injured, you should have a comprehensive and in-depth discussion with an experienced personal injury attorney to discuss the loss of consortium claim and what it is worth.