Property split

Asked August 29, 2019, 5:09 PM EDT

I had a one ac parcel with a home on it. It was previously 2 half ac lots joined per the township to place a home on the property with a building permit. Later the county came back and said that a summer tax on one of the half ac lots wasn’t paid and they foreclosed on that half. Splitting the property back into 2 half ac lots but now with a home that sits on both properties. Taxing all the home on one half and nothing on the other. Is this legal as we now have a home that sits on 2 parcels of land with 2 different owners. In need of some help here

Midland County Michigan

1 Response

If I am understanding your question, you only own Parcel A with the entire value of the house calculated on it. While half the house also sits on Parcel B, this parcel is valued as vacant and has a different owner. Unfortunately, this is a legal question beyond the scope of what Extension can provide. I would suggest that you retain an attorney experienced in land use and not a general practitioner to assist you. I would also offer the following comments/questions for consideration.

  1. Who owned the parcel that was foreclosed on? If you were the continuous owner, were you not receiving assessment notices/tax bills for both ½ acre parcels and aware of the foreclosure process?

  2. Tax foreclosure by the county is a multi-year process. Was there not adequate notice that the parcel in question was subject to foreclosure?

  3. Has the tax redemption period run out on the foreclosed property?

  4. Was the property (all or part of the land and the house) encumbered by a mortgage? Is so, what is the legal description of the property in the mortgage? If the property is encumbered, you may be able to have the lender offer some assistance/guidance in trying to resolve this matter.

  5. Is there a title insurance policy in place? If so, the title company may be able to offer some guidance/assistance in resolution.

  6. If you are not the owner of the “vacant” parcel, is this something that could be purchased from the current owner?