The landscape of private property protections is evolving, from eminent domain overreach to excess equity takings, tax foreclosures and inclusionary zoning policies, among other related topics.
David Deerson, an attorney with Pacific Legal Foundation’s property rights practice group, does not shy away from this subject matter. In fact, he lives and breathes it, as he demonstrated during his recent sit-down with October Research Chief Knowledge Officer Mary Schuster for the latest episode of the Keys to Real Estate podcast.
With his deep expertise on the topics at hand, Deerson offered clarity on issues impacting both individual homeowners and national housing policy.
“If you’re in a tax lien state, the government is selling a tax lien to a private investor who’s going to try and enforce it and collect the taxes,” Deerson said. “That private lien holder is the one doing the foreclosure. In a deed state, the lien never changes hands. The government holds onto the lien. The government is the one who does foreclosure and then it sells the property outright. So, if you’re in one of those lien states, where it’s a private party who is actually accomplishing the foreclosure, then it’s the private party who’s the only one ever selling the actual property as opposed to the underlying tax lien. Those folks should beware because there is a potential that a court could view them as working in concert with a state, making them a state actor and making them liable for compensation for the takings claim.”
The two walked through real-world cases, legal wins and the trends every real estate professional should be watching.
With insight into both litigation and legislation, this episode provides real estate professionals, attorneys and settlement agents with tools to spot red flags, understand the risks and engage with efforts to defend constitutional property rights.
Listen to all the detailed insight Deerson shared during this episode here.