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Courses/Law/Tax Law

Tax Foreclosures: Unconstitutional Takings and State Claims

Explore the legal implications of in rem tax foreclosures and their impact on homeowners' equity, with guidance on seeking compensation for unconstitutional takings.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Feb 19, 2025
Tax Foreclosures: Unconstitutional Takings and State Claims

What You'll Learn

check_circleUnderstand the constitutional issues surrounding in rem tax foreclosures, including the Takings Clause and Excessive Fines Clause.
check_circleLearn how recent court decisions, such as Tyler v. Hennepin County, impact property rights in tax foreclosure cases.
check_circleGain knowledge of the legal procedures that govern tax foreclosures and the rights of property owners.
check_circleExplore how to challenge tax foreclosure actions that result in the unjust seizure of home equity.

About This Course

Municipalities in New York seize thousands of properties each year through in rem tax foreclosures, a legal process allowing the government to take ownership of properties due to unpaid taxes. These foreclosures deprive property owners of the equity in their homes and real estate.

The Supreme Court’s recent decision in Tyler v. Hennepin County ruled that tax foreclosure equity retention schemes are unconstitutional. Learn what claims New York condemnees (former property owners) may have against the state, how to pursue these claims, and available venue options.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Tanya  Dwyer, Esq.
Tanya Dwyer, Esq.

Director of Foreclosure at Legal Services of the Hudson Valley

Tanya Dwyer, Esq., founded and operated a law firm for 10 years, primarily defending homeowners' rights and helping them remain in their homes. During this time, she was named a 2016 TED Resident. She presented her TED Talk Brooklyn is Magic on the vast economic potential of Brooklyn’s Crown Heights neighborhood. Ms. Dwyer earned her Juris Doctor from George Washington University. She interned at the United Nations on the Right to Adequate Housing, the Ugandan Women's Lawyers Association (traveling throughout Uganda to inform women of their newly granted constitutional rights), and the D.C. Office of Human Rights. Ms. Dwyer is Chair of the Peekskill NAACP Economic Sustainability Committee, where she leads an initiative to update Peekskill’s city plan to center housing and environmental justice. She volunteers for Hudson Valley Pattern for Progress as a DEI committee member and serves as a board member of Black Diamonds Academic Success Inc.

Daniel  McEnroe, Esq.
Daniel McEnroe, Esq.

Staff Attorney at Legal Services of the Hudson Valley

Daniel has been practicing foreclosure for a year at Legal Services of the Hudson Valley. He was the one of the authors of the Tyler v. Hennepin County Amicus Brief representing New York Homeowners.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.