31 May 2023

Property Tax Foreclosure Windfalls Are Not Allowed

The U.S. Supreme Court held earlier this month in (a good decision) in Tyler v. Hennepin County that the government can't make windfall profits beyond the unpaid property taxes that are owed in a property tax foreclosure.

Most states give the excess collected at a foreclosure sale for unpaid property taxes due to the taxpayer, but a few like Minnesota, take the entire home.

Honestly, even that position is still problematic, because the prices secured in a foreclosure sale (whether for public debts or private ones) are usually significantly less than what would be secured in an ordinary commercial sale by a realtor in a reasonable time frame. But, the best shouldn't be the enemy of the good. 

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