Opinion: Ending home equity theft in California, once and for all
When the government seizes private property for a public use, the Constitution requires that the original owner must be compensated for the loss. But in California, the law provides a loophole for officials to take that same property for a public use without any compensation if the owner falls too far behind on property taxes. State lawmakers should take action to better protect property owners.
For the homeowners, the losses are devastating, with many losing tens of thousands of dollars in hard-earned home equity. My firm — Pacific Legal Foundation — recently published awhich found that in just a subset of these states between 2014 and 2021, homeowners lost at least $860 million to home equity theft seizures.
Under California law, if the government wants the property for public use, or if a nonprofit wants the property for low-income housing, they can skip the auction on a foreclosed home, pay the tax debt, and take ownership of the property. The previous owner receives nothing for his or her equity in the property.
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