If money (i.e.; mortgage/mechanics lien/taxes/etc) are owed on the property it makes no difference whether it is inherited or not. It would have been inherited SUBJECT TO the liens and encumbrances.
A Sheriff's sale usually is to sell off property that has been seized by a large judgement against someone or a repossession that has taken place.
The property can not be taken if is it a joint property. If you are the only one on the judgement, then your spouse is entitled to protect his/her property. He/she must file an affidavit with the court and the sheriff's department to obtain an exemption of the property.
==One Answer== Inherited real property that is encumbered by a mortgage would be taken free of the mortgage IF the will also specified that the mortgage would be paid by the estate.
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
you will get subpoenaed by a sheriff
If someone has taken you to court and won a money judement in their favor the court will issue a judgment lien that can be recorded in the land records against your real property. You cannot sell or refinance your property until the lien is paid. The lien affects any property you may own. If you have no real property the sheriff can sieze any personal property you own in order to satisfy the lien.
He cannot "sell" what he doesn't yet own. He can enter into a contract for sale if he can find a willing buyer and the transfer of title can take place after he has taken title to the property.
Private property cannot be taken by the government without what ?
An association-savvy attorney can help you understand your state law -- there is no federal standard about how proceeds are used from this sale. Depending on the actions taken by the association, i.e., a lien taken out against the title based on overdue assessments, the proceeds from the sale may be used to pay some assessments, based on the lien priority and the other debts owed for which the sheriff sold the property. The bank may be subject to paying assessments if they acted to foreclose the property, and owned it without paying assessments. Again, action of the association is key here.
Yes.Yes.Yes.Yes.
Booty.
Check with the tax assessor's office to see if the property has been taken by the town for non-payment of property taxes. Generally, the only way to buy "abandoned property" is to purchase it from the town because towns have the authority to take title to property when the taxes are in default. In the United States, title to real property must be transferred legally- you can't just claim it. Inquire about purchasing it from the town. You could also explore the adverse possession laws in your state.