Lawyers for a 94-year-old grandmother allege that after she fell behind in taxes on her condominium, the county she lives in illegally snatched her property.
Her case is now before the U.S. Supreme Court to determine if the seizure and sale of the property were constitutional or a violation of her civil rights.
The Pacific Legal Foundation is representing the woman and believes it can prove that the county violated her Fifth Amendment rights.
Eyes are focused on the case as it may set a precedent for the nation on if local governments and private companies are legally able to keep profits from a home in tax problems when sold after forfeiture, according to NBC News.
Related:‘It Took 31 Months’: Arizona Finally Returns $39K Cops Seized from a Black Business Owner on His Way to Buy a New Truck; Attorneys Say He Should Get More.
Geraldine Tyler lived in her one-bedroom Minneapolis condo since purchasing it in 1999, living there for a little over a decade before moving to a senior assisted-living property in 2010. At the time, the woman was 81 years old and was struggling to live on her own. As a result, her children persuaded her to move to a facility with people close to her age and round-the-clock support.
Once she moved, the elderly woman stopped paying property tax on the residence. After five years, she acquired an unpaid tax bill (including interest and fees) totaling $15,000, and Hennepin County seized it.
The county sent her information stating she was in danger of losing the condo if she did not settle her debt. She did not respond, opening the door for the county, under state law, to take possession of the property and sell it.
The condo was sold at auction for $40,000, but the county did not pay the older woman the $25,000 profit from the sale that she was owed.
PLF says the county committed “equity theft” in the case of their elderly client.
“We call that home equity theft because it’s essentially…
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