[CLBS] execution sale of real property that has taxes owing

[Loren K. Messerly]

We have an execution sale of a homestead scheduled.  The property has
taxes due from 2008 of more than 37K and then all of our judgment liens.
Trying to determine how proceeds will be distributed out of the property
once sold: (1) will the proceeds go to pay off the taxes that would seem
to have priority over our judgment liens or (2) will the property taxes
just remain with the property and be owed by the new purchaser and the
proceeds of the execution sale will go to the homestead and then to our
judgments?

We executed and have not made any attempt to foreclose out the tax liens
because they are in higher priority.  So, it would seem the tax liens
should just go with the property to the execution sale purchaser and
should not be paid out of the proceeds from the sale.  But I am not sure
where to look to confirm my belief.  Any thoughts? 

Thanks



Loren K. Messerly | attorney

GB+S greener burke shoemaker p.a.

950 w. bannock street, suite 950|boise|idaho 83702-6138 
o: 208.319.2600|f: 208.319.2601|e: lmesserly at greenerlaw.com

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