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California’s End to ‘Home Equity Theft’: a Recap of New Ruling

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Rancho Palos Verdes, Los Angeles County, California

trekandphoto/Adobe Stock

The 2023 Supreme Court ruling in Tyler v. Hennepin County emphasized the principle that the government cannot keep more than what is owed when seizing property due to unpaid taxes.

Despite this ruling, California had a loophole allowing local governments to transfer tax-delinquent properties without compensating the owners. However, Governor Gavin Newsom signed Assembly Bill 418 into law to close this loophole, ensuring that homeowners receive compensation and any surplus funds from a foreclosure sale.

The reform marks a significant victory for property rights advocates and ends the injustice of stripping homeowners of their equity.

FULL STORY: California Finally Ends ‘Home Equity Theft’—Closing the Last Loophole in Property Tax Foreclosures

Key Takeaways

  • The 2023 Supreme Court ruling in Tyler v. Hennepin County highlighted that the government cannot keep more than what is owed when seizing property for unpaid taxes.
  • California had a loophole allowing local governments to transfer tax-delinquent properties without compensating the owners, leading to devastating consequences.
  • Governor Gavin Newsom signed Assembly Bill 418 into law, closing the loophole and ensuring that homeowners receive compensation and any surplus funds from a foreclosure sale.
  • The reform is a victory for property rights advocates and protects homeowners from losing all their equity due to unpaid taxes.
  • AB 418 restores the constitutional principle that the government can collect what is owed without overstepping and ensures that homeowners won’t lose everything in tax foreclosures.

The signing of AB 418 in California sets a precedent for other states to address similar issues and protects property rights for homeowners facing tax foreclosures, aligning with the fundamental constitutional principles of fair property seizure practices.


This summary has been generated with AI tools and edited by Realtor.com News & Insights editors. The full story, written and edited by Realtor.com News & Insights newsroom journalists, is linked at the top of the summary. 


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