Judge: Woman can lose home over $6.30 debt

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April 29, 2014

A Pennsylvania woman can lose her home over an unpaid tax bill amounting to $6.30, a judge has ruled.

Beaver County Common Pleas Judge Gus Kwidis ruled that the tax claim bureau followed proper protocol before selling the woman’s $260,000 home for $116,000 in late 2011.

The $6.30 bill totaled interest and late fees associated with back taxes. The judge ruled that the woman was given ample notice that her home would be sold if the fees remained unpaid.

“There is no doubt that (she) had actual receipt of the notification of the tax upset sale on July 7, 2011, and Aug. 16, 2011. Moreover, on Aug. 12, 2011, a notice of sale was sent by first class mail and was not returned,” the judge wrote.

Eileen Battisti still lives in the home and plans to appeal the decision, but county chief solicitor Joe Askar told the Pittsburgh Post-Gazette that her appeal is unlikely to be successful. “We never want to see any homeowner lose their house to a tax sale — it’s an unfortunate matter, but this case is no different from any other case,” Askar said. “Tax sale law is pretty clear that if you don’t pay your taxes for a two-year period, the sale must proceed… I don’t think the judge had any wiggle room to decide any [other] way … and unfortunately for Mrs. Battisti, I think the Commonwealth Court is going to affirm his decision,”

Mrs. Battisti paid the home off after her husband’s death 10 years ago, but she has struggled to keep up with her finances.

In March 2009, the homeowner was notified of back taxes of $897.19. Two months later she sent a check to the tax claim bureau for the full amount. During those two months, however, an additional $6.30 in interest had accrued, for which Battisti claims she received no notification.

Two certified letters were returned as undeliverable, but two first class letters were not returned. Deputies also posted an intent to sell on the woman’s property.

Mrs. Battisti said she did not find out about the sale of her home until two weeks after it was auctioned off.

Battisti summed up the ordeal, “I paid everything, and didn’t know about the $6.30. For the house to be sold just because of $6.30 is crazy.”