The State Seized My Home and Kept the Profits. I’m Fighting Back

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Despite the Supreme Court’s clear ruling, property value continues to be unlawfully seized in Illinois and other states. No more.

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Despite the Supreme Court’s clear ruling, property value continues to be unlawfully seized in Illinois and other states. No more.

I n 2017, my wife died at age 38, leaving me a single dad to our ten-year-old son. Our life routine grew very challenging amid our grief, and among many mounting hardships — including putting food on the table and clothes on our backs — I fell behind, admittedly, on my property taxes.

Just as we were adjusting to our new life as a family of two, I lost my job. I received unemployment benefits, but they barely kept us afloat. I struggled to keep up with daily necessities, let alone a spiraling tax bill.

Five years later, St. Clair County, Ill., seized my home and authorized a tax sale. It was sold for $76,000, against the $14,000 I owed in taxes. The county and its equity partners kept all the money from the sale.

I bought my home in East St. Louis, Ill., from a family friend when I was only 19. It was my home for nearly 30 years and the place where I raised my son and cared for my sick wife. The county and its team of private investors didn’t care.

When St. Clair County authorized a tax sale, in what felt like an eyeblink, I lost over 80 percent of the equity in my home — needless to say, it was a financial blow to an already struggling family.

I’m just one of thousands of people harmed by institutionalized home-equity predation across the country: aggressive government foreclosure and sale of properties with unpaid taxes, with zero of the proceeds going to the homeowner. The injustice may seem breathtaking, but I learned the hard way that the practice is all too common. The grievance at the heart of these legal battles has disproportionately affected poor and minority families, especially in times of distress. These are the families who can least afford to lose their homes, their life savings, and their dreams.

Two dozen other plaintiffs and I are attempting to change that with lawsuits filed in Illinois, New Jersey, Arizona, and Ohio, with others pending nationwide.

While that process will play out slowly, there is reason for optimism: These practices have already been deemed unconstitutional. In May 2023, the U.S. Supreme Court unanimously decided Tyler v. Hennepin County, a landmark case that strengthened property rights across America. The Court declared that if a property owner falls behind on their taxes and the local government takes it from them (exactly what happened to me), the remaining surplus, after tax debts are settled, cannot be kept by the government.

The Tyler decision led to relief in Minnesota. In response to the Supreme Court’s ruling, the Minnesota legislature agreed to a historic settlement of $109 million to thousands of property owners who had their equity wrongfully taken. This settlement not only refunded property owners but also set a precedent for similar cases across the country, inspiring lawsuits like mine.

Despite the Supreme Court’s clear stance, property value continues to be unlawfully seized in Illinois and other states. The class-action lawsuit my attorneys launched on behalf of myself and other victims in Illinois aims to establish a statewide standard of compensation, ensuring justice for all affected property owners.

A victory for all of us would mean that homeowners will receive what is rightfully theirs, which is what should have been happening all along. The goal is the same in New Jersey, Ohio, and Arizona.

These cases underscore the widespread nature of this practice and the urgent need for legal reforms. They collectively highlight a growing national movement to protect property rights and ensure that governments cannot profit from the seizure of private property. The Tyler decision has set a powerful precedent and empowered homeowners such as myself to fight back.

These efforts are not just about financial restitution; they are about restoring dignity and protecting the American dream of homeownership.

Shelly Branson is a plaintiff represented by Hughes and Suhr, LLC, fighting to take back his stolen home equity through an Illinois-based lawsuit.
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