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94-year-old grandmother fights home equity theft in Minnesota
Pacific Legal Foundation ^ | April 26, 2023 (ongoing case since 2019) | Pacific Legal Foundation

Posted on 04/26/2023 2:46:13 AM PDT by linMcHlp

Tyler v. Hennepin County [Minnesota]

As an elderly woman living alone, Geraldine Tyler was doing just fine in the one-bedroom condo she owned in Minneapolis. That is, until 2010, when a rise in neighborhood crime and frightening incidents near her home alarmed Geraldine and her family and prompted her hasty move to a safer area, where she rented an apartment in a senior community.

Finally Geraldine felt safe and comfortable again, surrounded by other seniors. But the property taxes on her condo started piling up. Soon Geraldine accrued a $2,300 tax debt; and the government started tacking on thousands of dollars in interest, fees, and other penalties until the total bill reached $15,000 in 2015. At that point, Hennepin County, Minnesota, seized Geraldine’s condo and sold it one year later for $40,000. Instead of keeping the $15,000 it was owed and refunding Geraldine the sale surplus, the county kept all of the $40,000.

(Excerpt) Read more at pacificlegal.org ...


TOPICS: Miscellaneous
KEYWORDS: government; takings
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Hearing before the U.S. Supreme Court is supposed to be today, Wednesday, April 26, 2023.
1 posted on 04/26/2023 2:46:13 AM PDT by linMcHlp
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To: linMcHlp

Why didn’t she sell the condo when she moved out?


2 posted on 04/26/2023 2:49:56 AM PDT by silent_jonny (Mene, mene, tekel, upharsin, Joe. The feet are at the door (Acts 5:9) 9-18-21)
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To: silent_jonny

or keep up on taxes?


3 posted on 04/26/2023 2:53:07 AM PDT by griffin (When you have to shoot, SHOOT; don't talk. -Tuco)
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To: silent_jonny

The government seized her property. She didn’t own anymore.


4 posted on 04/26/2023 2:54:44 AM PDT by vivenne
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To: griffin

IMO, because one owes back taxes and any interest/fines/penalties AND THEY GET PAID ON SALE of the property, what is the reason why government gets to keep the entire proceeds? It is legalized (or not) theft of personal property.


5 posted on 04/26/2023 2:56:59 AM PDT by Gaffer
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To: griffin

My guess is a relative moved into the condo, but they were a deadbeat. Geraldine may not have known there was a problem until the deadbeat couldn’t hide it anymore.


6 posted on 04/26/2023 3:00:57 AM PDT by silent_jonny (Mene, mene, tekel, upharsin, Joe. The feet are at the door (Acts 5:9) 9-18-21)
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To: Gaffer
Something about the story doesn’t make sense. She accrued a tax bill of only $2,300 over the course of five years?

I’ve seen the foreclosure process up close in commercial real estate on behalf of a client. The entity that forecloses on the property — whether it be a bank or municipal government — isn’t just entitled to the amount they’re owed by the property owner. It’s also entitled to collect legal fees, administrative costs related to the foreclosure, and any carrying costs for the property while they held it before it was sold.

7 posted on 04/26/2023 3:13:58 AM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
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To: vivenne
Yes, it was seized 5 years after she moved out.

The article mentions "Geradine and her family", so there may have been some arrangement with a grandkid or an in-law to stay there while the condo remained in Geraldine's name.

That's the only reason I can think of that she didn't sell it in 2010.

8 posted on 04/26/2023 3:15:17 AM PDT by silent_jonny (Mene, mene, tekel, upharsin, Joe. The feet are at the door (Acts 5:9) 9-18-21)
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To: Gaffer

Processing and attorneys fees? They have many boxes they can check


9 posted on 04/26/2023 3:20:43 AM PDT by griswold3 (Truth, Beauty and Goodness ; Quos Deus vult perdere, prius dementat)
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To: linMcHlp

If she could afford to rent in a senior community, how could she not afford to pay taxes?

And GREAT-Grandmother? Was there no one in the family to help her pay that tax debt? Depending on the size of the family, they could have all contributed a bit. And if family were living there while it remained in her name, why didn’t they at least do that?

Lot of things don’t make sense here.


10 posted on 04/26/2023 3:20:49 AM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith….)
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To: Alberta's Child
Something about the story doesn’t make sense.

I agree.

This line is vague: "Soon Geraldine accrued a $2,300 tax debt"

What does "soon" mean? One year? Three years?

But it appears Geraldine thought someone else was going to pay those property taxes, and whoever that someone else was didn't do it.

11 posted on 04/26/2023 3:24:59 AM PDT by silent_jonny (Mene, mene, tekel, upharsin, Joe. The feet are at the door (Acts 5:9) 9-18-21)
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To: linMcHlp
Geraldine



12 posted on 04/26/2023 3:28:49 AM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: griswold3; Gaffer
I just read some details of the Eighth Circuit Court’s opinion in favor of the municipal government. Their decision is based on a more nuanced but very concrete legal analysis than a simple foreclosure.

It seems that a government foreclosure process under Minnesota law is unique. There are many points during the foreclosure process when the property owner can intervene on his or her behalf to remedy their default — and they are even given an opportunity to pay off the debt under a 5 or 10 year period.

At one specific point in the process — after the debtor has refused to avail herself of any of these remedies — it ceases to be a “foreclosure” and effectively becomes a property abandonment process. The Minnesota statutes governing the abandonment process date back to the 1880s when it was apparently common for farmers to abandon their Minnesota farms and move west to the Dakota territories and settle on new land given to them under the Homestead Act. The property was considered abandoned because the Minnesota courts and government authorities had no recourse and no mechanism for even contacting these people.

In this case, the Federal courts simply ruled that the foreclosure/abandonment process was governed by Minnesota law. Importantly, the courts ruled that the sale of the condo was not a violation of the “Takings Clause” for a clear legal/technical reason — in that the debtor no longer had any ownership claim on the property after they passed the specific point in the Minnesota process where it went from a “foreclosure” to an “abandonment.”

13 posted on 04/26/2023 3:33:41 AM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
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To: Alberta's Child
Abandoned property becomes a serious problem when there is no mechanism to transfer the title to another person.

But Minnesota had a clear means to transfer title. They also had clear knowledge of who had the title and was not paying the taxes.

You are correct. This is all about what the limits of the Minnesota law is.

Many state's law is the excess value goes to the former property owner.

14 posted on 04/26/2023 4:21:05 AM PDT by marktwain
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To: linMcHlp

These evections over taxes is one of the root causes of homelessness...

...this tax burden on the elderly/disabled has to be addressed.


15 posted on 04/26/2023 4:34:48 AM PDT by exPBRrat
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To: Governor Dinwiddie

Flip’s, Geraldine reminds me of Penny Marshall’s father who was once quoted as saying [paraphrased] “if you can get people to laugh at something, anything can become acceptable.”

Case in point. It really ain’t funny if viewed through the magical eyeglasses of 2023...


16 posted on 04/26/2023 4:43:14 AM PDT by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
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To: vivenne

Stole her property.


17 posted on 04/26/2023 4:48:24 AM PDT by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
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To: silent_jonny

Really?
Not, “Why did the government keep everything instead of just what they were owed”?


18 posted on 04/26/2023 5:00:56 AM PDT by trebb (So many fools - so little time...)
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To: marktwain
The origin of the applicable Minnesota statute is interesting, but it isn’t really relevant to this case. The only thing that matters — and this has been reaffirmed by the Federal courts — is that it’s a valid state law and applies to the situation at hand.

It doesn’t really matter whether the government knew or didn’t know how to contact the owner of the property. All that mattered was that the foreclosure process involved a series of steps (say, ten) under state law … and that after a specific step in the process (say, the eighth one), the former property owner no longer had any claim to the property because the title had already been transferred.

The courts ruled that the government didn’t sell the property to satisfy the debt. The debt had already been satisfied under my hypothetical Step 8, and the former property owner no longer had a tax debt to her name.

By the time the process got to Step 10 (the sale of the property), the government was basically just selling surplus property rather than satisfying a tax lien.

This sounds like a case that’s been brought on behalf of a negligent fool — just because some legal advocates are looking to pursue their own political/legal agenda.

19 posted on 04/26/2023 5:16:23 AM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
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To: exPBRrat

bttt


20 posted on 04/26/2023 5:26:29 AM PDT by linMcHlp
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