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Old 09-27-2006, 11:44 AM
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Rlynne Rlynne is offline
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Abandoned property

Do anyone know how to acquire ownership of abandoned property in Texas? My sister is interested in some property next door to my parents, the owners hadn't paid any taxes for six years and the house is a eye sore with tall thick grass, broken windows, degutted interior.

I told her since the people whose name is own the title either can't be reached or they refuse to respond to notices (from the county and city about it's tax and condition) she should be able to put a lien against it after paying taxes off and doing property upkeep.

I've never done this before so I wanted to know how she could handle this the right way, any suggestions??
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Old 09-27-2006, 01:28 PM
Notorial dissent Notorial dissent is offline
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Check with your local tax assessor first, they will tell you the state of the taxes. If the owners haven’t been paying the taxes, the yearly tax liens have been sold at tax sale and someone else will end up owning the property within whatever the statutory time in Texas is, or, the county will have foreclosed on the property for back taxes and owns it itself, but not real likely. You may well be able to pay the back taxes and then ask for a treasurer’s deed, but it isn’t real likely. If the owners haven’t been paying the taxes, and the place is a mess, I am surprised that the county or city haven’t seized it as a nuisance property and sold it.
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Old 09-27-2006, 02:25 PM
jdogpupil jdogpupil is offline
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To the best of my recollection, TX is a tax deed state. That would mean that no one has been buying the tax liens.
Once the statutory period has expired and the property goes to sale, the person with the winning bid would get the deed.

Rlynne, you need to check your local law library for the proper information on "Adverse Possession", though I'm not even certain if TX is a common law state.

In Tax Lien states like California, yes, a person can bid on tax certificates. But he or she doesn't automatically get a tax deed at the end of 5 years, right? If I'm not mistaken, if the owner (or someone else) pays the delinquent taxes it fulfills the certificates.
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Old 09-27-2006, 02:29 PM
jdogpupil jdogpupil is offline
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Quote:
Originally Posted by Notorial dissent
...I am surprised that the county or city haven’t seized it as a nuisance property and sold it.

Only in cases of pandemic abandonment have cities "seized" properties and resurrected them and sold them. Otherwise your city's Community Development department is responsible for responding to nuisance property, usually through a "Code Compliance" or "Code Enforcement" division.
Even in those cases, the city still can't sell the property - only the treasurer/tax collector can. It would be fraud for the city to sell lands it doesn't own, correct?
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Old 09-27-2006, 02:42 PM
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gldskr gldskr is offline
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Its simple. Go down to the tax assessors office and find out who owns the tax deed. This is just an interest not ownership. Contact the owner of the tax deed and make them an offer. If no one has purchased the tax deed the county assumes it. Pay the county, you now own the tax deed. After a statutory prescribed amount of time you can initiate a tax deed sale. Show up for the sale and make your bid. If you are the winning bidder any amount above your tax deed goes to the county. If you aren't the winning bidder you are reimbursed the amount of your tax deed.

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Old 09-27-2006, 02:42 PM
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Rlynne Rlynne is offline
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Quote:
Originally Posted by jdogpupil
To the best of my recollection, TX is a tax deed state. though I'm not even certain if TX is a common law state.


Yes it is a common law state.
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Old 09-27-2006, 04:05 PM
jdogpupil jdogpupil is offline
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Quote:
Originally Posted by gldskr
Its simple. Go down to the tax assessors office and find out who owns the tax deed.

Sweet. I'm going to look up which others are deed states.
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Old 09-27-2006, 04:31 PM
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gldskr gldskr is offline
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Whether its called a deed, lien, or certificate doesn't matter, the process is generally the same everywhere.

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