Help with tax lien buyer threatening foreclosure

[PoorGirl]

Hoping someone here can help! Asked elsewhere and nobody seems to know :( If this is not a good place, where can I ask this question? Do I need to try asking an attorney? What kind of attorney? Is it not too small of a concern for an attorney?

 

Had multiple hardships and a company bought my overdue tax liens twice. They of course acted like bill collectors over the years, threatening regularly, so over the years I paid them multiple times (which meant not having enough food and stuff). But I mostly paid with money orders. Unfortunately, I haven't yet found my receipts or other proof of money orders, and the task is difficult. Obviously this is my mistake and I am generally very organized but there were circumstances at the time. The money orders definitely had my account number written on them as they directed but probably did not have my name on them - account of course is associated with my name.

 

The company is acting like I didn't pay any of those money orders and that I only made two payments when they wouldn't have allowed me to go years with paying that little. After paying a decent chunk by money order they would stop bugging me for a while and then they would tell me I owed a lot again later. Since then I have read about tax lien buyers doing this as a rule, and not crediting payments.

 

They are trying to make me sign up for a new payment plan, and I am completely against signing any new document since I don't believe I owe this amount. Also I feel like it's unreasonable to make me pay that much in a short time given my low income, but I guess they don't have to care about that. In any case, I don't trust them and think that any new document would be used against me in a foreclosure proceeding (if I didn't make every payment like the agreement says). I also haven't yet told them that I am low income / disabled as I was worried they would somehow use that against me.

 

Basically I thought I had already paid this off... the money order payments, if credited properly, would probably be the entire amount owed, or above the entire amount owed! I guess that I have no recourse here? I haven't yet asked them to recheck their records because I figured they would immediately say it was my burden to prove the payments. Should I just forget about disputing the amount and accept that I now have to repay everything paid by money order? I wouldn't mind at least buying myself some time and/or creating more hassle for this company, especially if they are going to get a double payment from me eventually.

 

One other factor is that the property in question is not my primary residence at the time, but I've wanted it to become my residence. I also unofficially made it my LLC's property before this began.

[StarkRaven$]

2 hours ago, PoorGirl said:

Hoping someone here can help! Asked elsewhere and nobody seems to know :( If this is not a good place, where can I ask this question? Do I need to try asking an attorney? What kind of attorney? Is it not too small of a concern for an attorney?

 

Had multiple hardships and a company bought my overdue tax liens twice. They of course acted like bill collectors over the years, threatening regularly, so over the years I paid them multiple times (which meant not having enough food and stuff). But I mostly paid with money orders. Unfortunately, I haven't yet found my receipts or other proof of money orders, and the task is difficult. Obviously this is my mistake and I am generally very organized but there were circumstances at the time. The money orders definitely had my account number written on them as they directed but probably did not have my name on them - account of course is associated with my name.

 

The company is acting like I didn't pay any of those money orders and that I only made two payments when they wouldn't have allowed me to go years with paying that little. After paying a decent chunk by money order they would stop bugging me for a while and then they would tell me I owed a lot again later. Since then I have read about tax lien buyers doing this as a rule, and not crediting payments.

 

They are trying to make me sign up for a new payment plan, and I am completely against signing any new document since I don't believe I owe this amount. Also I feel like it's unreasonable to make me pay that much in a short time given my low income, but I guess they don't have to care about that. In any case, I don't trust them and think that any new document would be used against me in a foreclosure proceeding (if I didn't make every payment like the agreement says). I also haven't yet told them that I am low income / disabled as I was worried they would somehow use that against me.

 

Basically I thought I had already paid this off... the money order payments, if credited properly, would probably be the entire amount owed, or above the entire amount owed! I guess that I have no recourse here? I haven't yet asked them to recheck their records because I figured they would immediately say it was my burden to prove the payments. Should I just forget about disputing the amount and accept that I now have to repay everything paid by money order? I wouldn't mind at least buying myself some time and/or creating more hassle for this company, especially if they are going to get a double payment from me eventually.

 

One other factor is that the property in question is not my primary residence at the time, but I've wanted it to become my residence. I also unofficially made it my LLC's property before this began.

Someone will help you shorty.

[StarkRaven$]

 

 

 

[PoorGirl]

Yes, obviously the answer is "find the receipts" or other proof. Someone replied about the attorney question on my previous thread, but my followup questions were not answered. Also, I think that the attorney involvement is only a good option if I have proof? If I had proof, I'm sure the company itself would just accept it. It's unclear but I don't really see how the situation would make sense to an attorney without proof. I was hoping someone else had more clarity but I guess that it's the situation. Thanks.

 

However, regarding a different credit situation, it seemed hopeless for more than a week but after getting other advice elsewhere (which seemed like a long-shot), I was able to achieve the goal. So I figured it was worth asking again. I did not realize that this was one of the places I had asked.

Edited July 13, 2020 by PoorGirl

[centex]

Any chance you put the receipts with the other important papers, either in a file cabinet or safe deposit box?

 

And without intending to beat you up further, why money orders instead of something like a cashier's check? 

[PoorGirl]

2 hours ago, centex said:

Any chance you put the receipts with the other important papers, either in a file cabinet or safe deposit box?

 

And without intending to beat you up further, why money orders instead of something like a cashier's check? 

I thought I had because I usually keep money order receipts in one particular spot. But nope. Also looked in other places. There were some difficult things going on at the time.

 

Cashier's check seems like a good idea. Just seemed like money order was the same thing.

[Kat58]

23 hours ago, StarkRaven$ said:

Someone will help you shorty.

 How do you know how not-tall the OP is? lol

 

[StarkRaven$]

53 minutes ago, Kat58 said:

 How do you know how not-tall the OP is? lol

 

It was just a wild guess.

 

🤪 

[cv91915]

On 7/12/2020 at 5:59 PM, PoorGirl said:

overdue tax liens

Are these property tax liens, IRS tax liens, state income tax liens, or something else?

 

[PoorGirl]

38 minutes ago, cv91915 said:

Are these property tax liens, IRS tax liens, state income tax liens, or something else?

 

Property with threat of foreclosure.

[DollarDog]

I'm not sure how a lawyer would help you.  The lien holder says you owe them money, and you don't have proof you paid. 

 

Obviously they think they can collect on the debt if they foreclose.

 

Being disabled and low-income is not a defense for not paying property taxes unless there's an exemption I'm not aware of.

 

If you can't afford to pay the property taxes on your income, it's probably time to start looking for another place to live that's affordable.  Have you looked into Section 8 vouchers?

[PoorGirl]

I'm not saying I should get out of paying. I'm saying that I already paid but lack proof, and that it's a serious problem if I have pay most of it again and soon.

 

I believe they cashed the money orders. The money orders have my account number written on them (and my mailing address and maybe other identifying information). Should it be my burden to prove with records? I think they should have to look at their records and find those payments from me... If they did cash them.

 

I have a very strong feeling they did, because they were insisting that I pay for weeks and getting very threatening, and then (each time) they stopped bugging me for months because I had made a decent payment by money order. They wouldn't have stopped if they hadn't put some money on their books.

 

With any legitimate honest company, this wouldn't happen in the first place, but if there was a honest mistake, I would just tell them and they would look at their own records. The horror stories out there about companies of this type and how they have acted so far makes me think they are running a shady operation.

 

They actually sent me a complete wrong invoice not even showing one of the provable payments and acted as if I had only ever paid one tiny payment all this time. Then I said I don't think this is correct, send me more detail, and they did correct that one part. But they would be able to guess that the money orders are different because they got away with not crediting me multiple times. I wasn't sure of that for a long time until I had finally paid one via check. The point is, I think it's very, very unlikely that the wrong higher invoice was an honest mistake.

 

On the other hand, I understand that there is probably nothing I can do to avoid this "double payment" at this point.

[PoorGirl]

3 hours ago, DollarDog said:

If you can't afford to pay the property taxes on your income, it's probably time to start looking for another place to live that's affordable.  Have you looked into Section 8 vouchers?

I replied above but forgot to quote you.

 

Also, in reply to this paragraph, I can pay the property taxes now, but the previous ones had a lots of fees (the company's profit) tacked on. Plus as I said, I was going through hardship at the time, but even with the hardship I did pay those taxes with their fees. This would be a double payment. In addition, property taxes were much higher at that point.

[hegemony]

where did you purchase the MOs from? Any chance they are traceable that way?

[cv91915]

No idea if this is helpful or not, but it's worth a thought (even if this specific link isn't the silver bullet).

 

https://www.thebalance.com/track-a-money-order-315482

 

Where did you buy the MOs?  How did you pay for them?  Can you backtrack through old bank statements/records to determine dates of cash withdrawals (if you paid that way)?

 

Not looking for specific answers to these questions, just suggesting a thought process.

[PoorGirl]

3 hours ago, hegemony said:

where did you purchase the MOs from? Any chance they are traceable that way?

If I had a receipt from the place, I could. But those receipts are with the MO receipts (lost).

 

But based on the below, I wonder if I could get help without knowing the MO number.

32 minutes ago, cv91915 said:

No idea if this is helpful or not, but it's worth a thought (even if this specific link isn't the silver bullet).

 

https://www.thebalance.com/track-a-money-order-315482

 

Where did you buy the MOs?  How did you pay for them?  Can you backtrack through old bank statements/records to determine dates of cash withdrawals (if you paid that way)?

 

Not looking for specific answers to these questions, just suggesting a thought process.

Thanks! I've been assuming I'd need the MO purchase receipt, but I will look into whether they can trace without. I do think that bank statements would show the withdrawals and the MO would have been purchased the next day or the same day. I will look those up.

[cv91915]

51 minutes ago, PoorGirl said:

If I had a receipt from the place, I could. But those receipts are with the MO receipts (lost).

 

But based on the below, I wonder if I could get help without knowing the MO number.

Thanks! I've been assuming I'd need the MO purchase receipt, but I will look into whether they can trace without. I do think that bank statements would show the withdrawals and the MO would have been purchased the next day or the same day. I will look those up.

It may take persistence and a sympathetic store manager at the retail point(s) of purchase, but it's worth a shot.

 

At minimum I would also have an initial consultation with a real estate attorney.  For me, the money order research would be secondary in priority, although there's probably no reason you can't pursue both at the same time.

 

 

[hoapres]

You need to check your state property tax lien laws.  In some states, the liens are sold and the purchaser has the right to foreclose.  The question becomes doe the property tax liens take precedent over the first mortgage.  If they do then the mortgage holder is likely to pay them off along with proceeding with a foreclosure.