Bruce H. Levitt, partner at Levitt & Slafkes, P.C. recently achieved a major victory in the New Jersey Appellate Division on behalf of clients who had lost their house to a tax lien foreclosure. The Appellate Court, in the case of BV001 REO Blocker v. HB (USA) Properties, LLC, Docket No. A-3676-19 (N.J. Appellate Division April 16, 2021) upheld a lower court order obtained by the lawyers at Levitt & Slafkes, P.C. which successfully vacated a tax lien foreclosure judgment and gave our clients back their home that was taken from them because they failed to pay their real estate taxes.
Tax Lien Foreclosure Appeal
The case involved a home occupied by a family, including two adult children who have significant medical issues. At the time of the foreclosure the home was worth more than $1.1 million. The amount owed on the tax lien was approximately $150,000.00. There was no mortgage on the property. Due to a variety of financial, medical and mental health issues experienced by the family, as well as incorrect legal advice, the taxes weren’t paid on time and the judgment was entered.
For more information on New Jersey laws that address how property tax lien sales work, visit Title 54 Sections 54:5-1 through 54:5-137 of the New Jersey Statutes.
Family to Keep Their Home
The homeowner reached out to Bruce Levitt at Levitt & Slafkes, P.C. when they received the notice telling them they were being evicted from their home since they no longer owned it. Our lawyers quickly filed a motion with the Judge that entered the foreclosure judgment asking that the judgment be vacated. While such motions are not regularly granted, based upon the factual and legal arguments presented, the Judge granted the motion and vacated the judgment. As a result, ownership of the property was returned to the family.
The tax lienholder then appealed the Judge’s ruling requesting that ownership of the property be transferred back to them. Based on the record that was made in the lower court and the strength of the briefs that were filed by Levitt & Slafkes, P.C., the Appellate Court affirmed the lower court ruling and allowed the property to remain under the ownership and control of the family.
Today, the family remains in possession of the home that they had previously lost in the tax lien foreclosure, their taxes are current and the nightmare of losing the home is behind them.
Levitt and Slafkes, P.C. Can Help with Tax Foreclosure
If you’re facing a New Jersey tax lien sale or foreclosure and have questions about the process or how to keep your property, contact the foreclosure defense attorneys at Levitt and Slafkes, P.C. For over 30 years we have been helping homeowners fight mortgage and tax lien foreclosures in New Jersey. If you are behind on your taxes or mortgage payments, already in foreclosure, or believe that you have been wrongly foreclosed upon, give us a call at (973) 313-2953 or contact us online to schedule a free consultation.