Home Equity Theft: Help End This Unethical Practice

In the 10 states and Washington D.C. where home equity theft is legal, the government can take more than what it is owed in property taxes in the instance of a foreclosure. In fact, from 2014 to 2021, 8,600 homes and more than $780 million in savings were lost to home equity theft. The American Property Owners Alliance opposes this unjust practice and is urging state legislators to act now to end home equity theft—we need your help.

What is Home Equity Theft?

When an individual falls behind on their property taxes, no matter how small the debt, home equity theft allows state and local governments to seize the property and keep the full sale amount, beyond what they are owed in taxes, interest and penalties. This practice particularly hurts elderly homeowners, many of whom live on a fixed income, stripping them of their home and the wealth they have built over a lifetime.

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How Can We End This Practice?

The only way to end home equity theft is by changing the laws that allow this practice in the 10 states and D.C. where it is legal. A recent Supreme Court ruling in Tyler v. Hennepin County, a home equity theft case, can help homeowners challenge their state’s home equity theft laws but will not prevent home equity theft altogether.

Some states have already introduced legislation to end home equity theft, others must prioritize crafting this legislation. It is critical to keep pressure on policymakers to prioritize the introduction and passage of legislation to end all forms of home equity theft.

Learn About Your State’s Stance

See how property tax foreclosure laws allow the government to take homeowners’ equity, beyond what they owe, in the 11 jurisdictions where home equity theft is legal. Select a state from the menu below to learn more from our partners at Pacific Legal Foundation.