jeudi 27 juin 2019

Liens and Encumbrances: Delinquent Property Tax and Ownership Confusion

My question involves real estate located in the State of: Hawaii

I have been made the beneficiary and trustee of an acre of land on the Big Island of Hawaii. This acre was left to me by my grandfather. We have lived here on this property for over 35 years. The acre of property we live on is not owned exclusively by my grandfather but by 3 other family members as well, each owning a quarter share. This parcel of land was originally bought and owned by my grandfather's father. He left a quarter share each to his daughter, her two children, and my grandfather. My grandfather and his sister have since passed leaving his share in a trust to me, and his sister's share with her children. I have moved my family back onto the property to take care of my grandmother who suffers from Alzheimer's Disease. She is in the late stages of this illness. Since she is not competent, I am responsible for her and all the decision making. This home has not had any repairs made to it since the '70s and it is falling apart!! Ever since moving onto this property 35+ years ago, the other family members have shown no interest in this property, and according to my grandfather, they have not paid land taxes at all. All payments have been made by my grandfather and he has made sure that all payments made at the land tax office reflected that HE was the one making payments. (payments filed under his name and number) Upon his passing, I am noticing that our land tax payments are in arrears. We have a balance due of about $15,000. This includes the last installment for 2016 and all of 2017 and 2018. (including penalties and interest) Our law here in Hawaii says that if you fall behind more than 2 years on your land tax payments then they can foreclose on your property.

I recently got a tax sale jeopardy letter in the mail asking for $8,900.00 by the 30th of June to be taken off the list. I need some advice as to what I can do? I do not have very good credit and I'm not sure if banks will work with me being that there are other parties/owners listed on the deed. Should I start with getting the property out of trust and into my name? Can I hold the other parties on the deed accountable for past land tax payments? Should I see a lawyer? I haven't spoken with the other family members in years. The last time words were exchanged they were not nice. How can I get some equity out of this property being that it is paid off in full and worth approx. $700,000. Any help or advice would be greatly appreciated.


Liens and Encumbrances: Delinquent Property Tax and Ownership Confusion

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