SCOTUS rules government can’t take more than what’s owed from property owners. Learn what states need to do to reform their unconstitutional laws.

Ending Home Equity Theft in Courts and Statehouses

The Supreme Court’s decision in Tyler v. Hennepin County, holding home equity theft unconstitutional, requires legislatures in non-compliant states to act to reform their forfeiture laws—otherwise, these states face millions of dollars in claims from property owners who are deprived of their equity. 

It is past time to act, both to protect private property and to protect the government from extensive monetary liability. 

The model state bill, the Property Equity Protection Act, would protect property owners from losing their equity when their property is seized to pay a debt to the government. The Act’s intent is to protect property owners by giving them ample time to pay off the debt, robust notice about the process, and, if necessary, a fair, public auction for the highest bid. The Act also serves the important state interest of increasing the likelihood that delinquent taxpayers will pay their debts and local jurisdictions do not have to take steps to foreclose on their properties. If such a sale is required, the property tax debt, plus related fees, interest, and costs must be paid first, and then other liens will be paid in order of priority. Any remaining equity must be returned to the original owner.

Property Equity Protection Act

 

Summary: The Property Equity Protection Act seeks to protect property owners from losing their equity when their property is seized to pay a debt to the government. The Act’s intent is to protect property owners by giving them ample time to pay off the debt, robust notice about the process, and, if necessary, a fair, public sale for the highest bid. The property tax debt, plus related fees, interest, and costs must be paid first, and then other liens will be paid in order of priority. Any remaining equity must be returned to the original owner.

 

WHEREAS, tax laws that allow government or investors to take more than the tax debt owed, plus reasonable penalties, interest, and appropriate fees, unjustly confiscate equity from property owners; and

 

WHEREAS, ensuring property owners have adequate notice of tax debts and a clear process to repay them is essential to ensuring due process of law; and

 

WHEREAS, the Constitutions of the United States and this [State/Commonwealth] both prohibit the taking of private property by the government for public use without just compensation; and

 

WHEREAS, the Constitutions of the United States and this [State/Commonwealth] both prohibit the imposition of excessive fines for criminal or civil offenses; and

 

WHEREAS, the legislature has determined that it is a matter of statewide concern to protect private property equity after delinquent taxes, plus reasonable penalties, interest, and appropriate fees, have been collected; now, therefore,

 

Notwithstanding any provision of law to the contrary, be it enacted: