The payment of real estate taxes in a chapter 13 New Jersey bankruptcy case depends on whether the debtor (person filing) is keeping or surrendering their house in bankruptcy. If a person is keeping their house, all real estate taxes must be paid. In the alternative, if the debtor is surrendering their house, typically, the real estate taxes need not be paid.
The following is an explanation as to what happens with real estate taxes, if a debtor is keeping their house in a NJ. chapter 13. Any real estate tax arrears that are due prior to the bankruptcy filing, must be paid, through the bankruptcy plan, in addition to payment of the future real estate taxes that come due after the filing. The real estate taxes must be paid in this fashion no matter what creditor the taxes are owed to at the time of the filing. In other words, Real estate taxes may be paid through the mortgage payment or paid directly to the township. Also, real estate taxes may be due to a tax sale certificate holder.
If the real estate taxes are owed to the township directly and not the mortgage company, the debtor must pay the taxes to the township through the bankruptcy plan, while making quarterly payments to the township, after the filing. If the taxes are paid through the mortgage payments and are due to the mortgage company, the debtor must pay the tax arrears due prior to the filing, through the bankruptcy plan, while making future monthly mortgage payments.
If a debtor is surrendering their house in a chapter 13, typically, the debtor is not required to pay any real estate taxes.
Robert Manchel is a New Jersey lawyer that limits his practice to bankruptcy and mortgage foreclosure resolution, Mr. Manchel may be reached at (866) 503-5655.
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