this post was submitted on 04 Dec 2023
143 points (97.4% liked)

Asklemmy

43831 readers
964 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy πŸ”

If your post meets the following criteria, it's welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago
MODERATORS
 

Let’s say that you buy a home in cash and have 100% paid off. Could you still lose it somehow?

top 50 comments
sorted by: hot top controversial new old
[–] happytobehere@lemmy.world 155 points 11 months ago (5 children)

If you don’t pay your taxes, yes

[–] sadreality@kbin.social 25 points 11 months ago

HoA fees

Eminent domain but they will pay you "market value"

Being force into a sale due to investor taking over a condo building

load more comments (4 replies)
[–] Starglasses@lemmy.blahaj.zone 103 points 11 months ago (2 children)

Two come to mind:

If you can't pay the property taxes every year.

If you don't pay HOA fees or follow their rules (they have way too much power)

[–] voracitude@lemmy.world 11 points 11 months ago (2 children)

(they have way too much power)

I've heard a lot of horror stories about HOAs and I'm certain there are a statistically significant number of bad eggs.

However, that's definitely not all of them, and in fairness to the HOAs that actually do shit (like mine): maintaining communal property costs money, running communal utilities like heating and cooling costs money, paying groundskeepers costs money, insurance and lawyers and regulatory compliance costs money, etc.

If someone isn't paying those fees, everyone else's costs go up and that isn't fair to the rest of the community. It's usually a lot of (expensive) legal work to confiscate a domicile, so it's not the first solution a collection of middle-class homeowners reaches for.

[–] Paradachshund@lemmy.today 15 points 11 months ago

It's good you have a good one, but the big issue with them is they have almost no oversight at all. They almost function as little privately owned fiefdoms with extremely broad powers over anyone under them. Yours might be good now, but there have been plenty of examples of a good HOA being bought by a corporation and then becoming tyrannical almost overnight. There's a whole industry of HOA management companies out there, and they are bad news. The last time I saw the statistic something like 80% of new construction in the US is managed by an HOA, too.

Don't get me wrong, when they work right they serve a purpose, but the lack of laws and oversight of them is pretty scary when you look into it.

[–] TenderfootGungi@lemmy.world 8 points 11 months ago (2 children)

HOA’s should not have rules or enforcement power inside city limits. They are duplicating the role of the city. That is different than community maintenance off of public right of way.

load more comments (2 replies)
[–] aelwero@lemmy.world 75 points 11 months ago (2 children)

My property tax is $1200 a year. Failure to pay that for a while (a year or three) could result in the state selling the house, keeping the overdue taxes, and paying me the rest (if there is any. Sometimes they get sold cheap).

The state can also buy my house from me under eminent domain, to put in a rail line, or power lines, or some other utility. They'd owe me "fair value" for it, but they basically determine what that means, and it could be significantly less than what i could sell it in the market for (but to be fair, taxes are based on "fair value", and almost everyone quietly allows the state to low-ball their property value because of this).

It can also be condemned. If it's egregiously not maintained and shows obvious signs of structural issues, or the property gets hoarded up and looks like a trash dump. This is much more common with commercial property.

There's also civil asset forfeiture. If you're manufacturing and/or selling drugs/weapons/etc. (as a random example. Any crime counts really) on a property, it can be seized outright with no requisite compensation at all.

HOAs ar often described as similar to asset forfeiture, but they're closer to a tax siezure. The HOA has to have in its charter that they can fine members for rule violations, and the process for an HOA is the same as for overdue taxes, but with unpaid fines. The authority for HOA is entirely contractual, you have to sign a contract agreeing to those rules.

All of these are incredibly rare occurrences, and usually involve some sort of genesis, like an investor wants a specific property, neighbors hate someone, etc.

load more comments (2 replies)
[–] calypsopub@lemmy.world 59 points 11 months ago (12 children)

Yes. It happened to my friends. They both lost their jobs and couldn't pay the property tax on their fully paid-off house, so it was foreclosed and auctioned off.

[–] Chriswild@lemmy.world 18 points 11 months ago

There's also eminent domain and HOA's

Eminent domain has been used a lot in the past to target minority groups.

load more comments (11 replies)
[–] azimir@lemmy.ml 35 points 11 months ago (4 children)

One thing to keep in mind is that in the US, there's very few people or companies that actually own the land that they're on. Most of the time you have the rights to use the land for certain types of things, but not actually own it. The US government (federal on down) has various ways of seizing property for its own purposes.

There's only a handful of people who actually own the land they live on. Most of them were granted the land by prior governments (mostly Spain) before the US was a country. Their ownership was grandfathered in and has passed via inheritance through the families. Several of those family plots are in Texas and Florida. Everyone else is just allowed to stay as long as they play ball with the rules.

[–] zzzz@lemm.ee 11 points 11 months ago

Do you have more info on those that actually own? Sounds interesting.

[–] jol@discuss.tchncs.de 8 points 11 months ago (3 children)

To certain extents, I think the government has rights of expropriation of land in other countries too. Sometimes you can sue the government for it too. It's a messy biz.

load more comments (3 replies)
load more comments (2 replies)
[–] HipsterTenZero@dormi.zone 31 points 11 months ago (1 children)

You can get eminent domain'd or your house could be destroyed by natural disaster, house fire, etc.

[–] basic_spud@kbin.social 7 points 11 months ago (1 children)

In theory, in the case of eminent domain you get the value of your home paid. In practice... its often not enough to actually buy a similar house.

[–] snooggums@kbin.social 7 points 11 months ago

You get a government set rate for the house, not what it could sell for on the open market.

[–] captainlezbian@lemmy.world 24 points 11 months ago (2 children)

Theoretically eminent domain still exists but it’s only used to replace black neighborhoods with highways

[–] grue@lemmy.world 28 points 11 months ago* (last edited 11 months ago) (1 children)

Not true! It's also used to seize property from existing owners in order to hand it off to private developers (see Kelo v. New London).

[–] captainlezbian@lemmy.world 16 points 11 months ago

But when we want passenger rail we have to buy the land at full price as set by the landowner no matter how much they’re gouging

load more comments (1 replies)
[–] ArtVandelay@lemmy.world 23 points 11 months ago

Yep, you only think you own your home after it's paid off. Try missing a single property tax.

[–] Steve@startrek.website 22 points 11 months ago
[–] HelixDab2@lemm.ee 20 points 11 months ago

Absolutely. You have to pay taxes on your property (in most states; there may be exceptions that I'm not aware of). If you don't pay your taxes for a long enough period of time, your property will be seized and auctioned off. Starting bids on property auctions are usually the back taxes; in less desirable areas--such as undeveloped land that with no utilities that's out in the middle of nowhere--that may be all it costs.

[–] buzz@lemmy.world 20 points 11 months ago (11 children)

If you do some crime and they will take all your property including house.

U could drive without insurance and hit someone on the road and they can sue u and take ur house.

load more comments (11 replies)
[–] kerrigan778@lemmy.world 17 points 11 months ago

A common way that I don't see mentioned here is that it is common to take out a loan using your home as collateral, something like a major business loan not panning out or a mismanaged personal loan can absolutely end up letting the bank seize your house to pay off the loan.

[–] ShimmeringKoi@hexbear.net 17 points 11 months ago* (last edited 11 months ago)

Eminent domain baybee

Oh, also if you're under investigation for anything, the cops can just confiscate your house, car, possessions, whatever. Even if you're found not guilty, you don't get anything they took back. Typically it will get sold at a discount, typically to a cop. You'll often see them on twitter taking pictures with their fancy new car that they dragged someone out of a month ago. It's called asset forfeiture, and iirc It's the second or third most prevalent from of theft in America, wage theft being the first.

[–] Rockyrikoko@lemm.ee 17 points 11 months ago

This was the whole premise of Happy Gilmore. He became a pro golfer to save his grandma's house

[–] Lunchtime8391@hexbear.net 17 points 11 months ago

If you fall behind on your property taxes, the local taxing authority can foreclosure on the property.

[–] NoiseInTheVoid_444@lemmy.world 16 points 11 months ago

There are typically property taxes you have to pay every year, unless exempt

[–] Lurker123@hexbear.net 15 points 11 months ago (1 children)

I feel like you had additional context to this question that you meant to add, but just totally forgot.

As it stands, yes of course. If your house in condemned or otherwise subject to eminent domain, if your house is seized to pay creditors for non-mortgage debt (in some states), if somebody else has superior title to your home and you aren’t protected by being a bonafide purchaser, etc.

[–] LaGG_3@hexbear.net 8 points 11 months ago (6 children)

Natural disasters and other "acts of god" are becoming more relevant - especially as some states, like Florida, have more insurance companies pulling out. Flood insurance is often unaffordable too.

load more comments (6 replies)
[–] Candelestine@lemmy.world 14 points 11 months ago (2 children)

Yes, if a large meteor landed on it, it would probably be destroyed.

[–] Imgonnatrythis@sh.itjust.works 10 points 11 months ago

I sell meteor insurance btw. DM me.

[–] ForestOrca@kbin.social 6 points 11 months ago

Let's not forget sink holes. :-D

[–] DampSquid@feddit.uk 14 points 11 months ago

You can be shot by the cops, in your bed, while asleep. Yes I think you can lose your paid-off house.

[–] fiat_lux@kbin.social 13 points 11 months ago (3 children)

I used to see stories in the legaladvice subreddit regularly about Housing Owner Associations putting legitimate liens on properties for not following the rules. Even when the rules were as ridiculous as "air-conditioning unit can't be visible from the street" or "only these specific plants can be grown and your lawn cannot exceed a few inches in height and must always be green" or "internal curtains must be pink or white".

For a culture that prides itself on its freedoms, the miniature authoritarian regimes that HOAs embody are a great example of the evidence not matching the story.

[–] Kid_Thunder@kbin.social 6 points 11 months ago* (last edited 11 months ago) (5 children)

HOAs started as a way to keep neighborhoods white only. Now it's a way for developers to have a super majority vote to keep giving themselves contracts and a way for control freaks to control their neighbors. They started as bad actors and now some are bad actors for other reasons.

Not all HOAs are terrible but there aren't a lot of actual accountability in-spite of some laws to stop corruption and there's not a ton of benefits for most except perhaps for condos.

For example, I wouldn't mind having an HOA that contracts rates for trash, lawn care, creates and maintains a park with some stuff for kids, maintains beautification of non-homeowner areas and maybe even has security patrols. You know, actual amenities to keep the neighborhood nice and convenient for the home owners. Not an HOA that makes sure that shampoo bottles in people's bathroom windows aren't visible, front doors have to match some aesthetic or have to approve decks and sheds for people's yards.

load more comments (5 replies)
[–] basic_spud@kbin.social 6 points 11 months ago

Amen.. never buy a house in a HOA if you plan to actually keep and payoff said house. Even if its a "good one", they can and do change. All it takes is a vote for your $50/mo HOA to become $1000+/mo because they want to build a golf course or do custom street signs and a pool or whatever.

load more comments (1 replies)
[–] s1ndr0m3@lemmy.world 12 points 11 months ago (2 children)
load more comments (2 replies)
[–] Zippy@lemmy.world 9 points 11 months ago

Every country pretty much. Lawsuit. Don't pay taxes. Owe money to someone personally. You don't get to hide your assets behind a home and get into financial trouble in other areas.

This is also why homeowners typically live within the law. Too much to loose.

[–] xia@lemmy.sdf.org 7 points 11 months ago

Sure. If your HOA does not like you, they will use your own money to pay lawyers against you, to dispossess you of your house. 'Murica!

[–] lntl@lemmy.ml 7 points 11 months ago

This is America, what do you think?

load more comments
view more: next β€Ί