How a two-year clean payment history hid a lapsed policy and unpaid taxes on a carried note
A useful case for anyone carrying paper: a delinquent tax notice reaches the seller two years after closing because the county still has the old mailing address on file. Two years of unpaid property taxes plus penalties had accrued on a house sold on seller financing. Background for the scenario. A small 3 bed, about 1,050 square feet, in an older working class part of a mid sized city, owned free and clear. Rather than take a low cash offer, the seller carries paper for a buyer who'd been turned down by two banks. Price 118,000, 10,000 down, 108,000 note at 7.5% on a 20 year amortization with a 5 year balloon, payment 869.85. A real estate attorney drafts the promissory note and the deed of trust, and it gets recorded properly. What's missing is escrow or any requirement to show proof of tax and insurance payment after closing. The note says the buyer shall pay all taxes and assessments and keep the property insured, but says nothing about evidence or remedy if he doesn't. Taxes run around 2,900 a year. None get paid. By the time the notice arrives the total with penalties is 6,150, and a tax sale process can put a recorded lienholder in a bad spot if nobody is watching, with timelines and priority rules that vary significantly by state. Paying the 6,150 protects the lien. A call to the insurance agent then reveals the policy lapsed 14 months earlier, meaning the lienholder was effectively uninsured against the collateral for over a year. The telling detail is that the buyer never missed a monthly payment, on time all 24 of them, while treating taxes and insurance as somebody else's problem, which for two years they legally were. The fix for anyone structuring this going forward: escrow taxes and insurance through a third party servicer from the first payment, get named as mortgagee on the policy so the insurer notifies on cancellation, and put language in the note allowing the lienholder to advance taxes or insurance and add it to the balance with interest. A clean payment history says nothing about whether the house behind the note is still standing.