Legal Topics

What Happens to Title after a Foreclosure Sale for Back Taxes?

Tax liens supersede all other liens regardless of recording dates. When property sells for back taxes, all existing mortgages are wiped out.

Three Key Exceptions

Public Rights-of-Way: Public roads and easements remain unaffected.

Private Easements: Most states preserve private easements after tax sales.

Restrictive Covenants: Some states protect deed restrictions surviving tax sales.

Conclusion

Mortgage holders should periodically verify tax payments remain current.

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