lawsuit for land before ownership

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Latest post Thu, Dec 15 2016 6:23 PM by Nancy Z. 36 replies.
  • Fri, Dec 9 2016 4:03 PM

    • Nancy Z
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    lawsuit for land before ownership

        A bogus lawsuit has been filed agasint my husband and I stating that we owe back takes on 15feet of land on our property. the taxes date back to 2007 and we purchased the house in 2012. The lawsuit claims that 15ft of our land (and our neighbors) use to accomadate a street in the late 90's. The street has been replatted and is no longer there. However, across the street from my residence the replatted street still exists and is being used.

    Is this lawsuit legit? Is it possible that we owe taxes on 15 feet of our land even though our deed and all documents show that we own and are paying taxes for the totality of our land.

     

    I look forward to your replies,

    Thank you for reading

     

    NZ 

     

  • Fri, Dec 9 2016 7:07 PM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    Is this lawsuit legit?

    If you have been sued in a court of law, then you have to take that seriously no matter what you think of the plaintiff's case.  You need to defend against the lawsuit or risk having a default judgment entered against you.

    I personally have no idea whether you owe these property taxes or not.  Is it a city, county, school district, hospital district, or other special district that is suing you?

  • Sat, Dec 10 2016 7:50 AM In reply to

    • Drew
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    Re: lawsuit for land before ownership

    AS above, you need to take it seriously and a lot more homework as to facts .....and the issues may be very local specific 

    I know some towns around me got pretty assertive to get small unused alleys and   roadways back on tax rolls...with very mixed results 

     



  • Sat, Dec 10 2016 8:01 AM In reply to

    • Drew
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    Re: lawsuit for land before ownership

    PS in most jurisdictions RE taxes run with land not owners...so if the prior owners goofed as to paying taxes you are going to need to sort thru how to get them into case for taxes 2007-2012  



  • Sun, Dec 11 2016 6:59 AM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    A bogus lawsuit has been filed agasint my husband and I stating that we owe back takes on 15feet of land on our property. the taxes date back to 2007 and we purchased the house in 2012.

    I just thought of something:  this sounds like it might be covered by title insurance.  It depends on which kind of title insurance you got when you bought the home - in some states what you get if you don't ask for anything different is a policy that only covers your lender.  If you have the kind that covers you, read the policy to see if this situation seems like it might be covered, and if so, to see how to contact them.

  • Sun, Dec 11 2016 1:16 PM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    Thanks, it almost did go to default, but I have a hearing set for Dec. 16. I don't know where to get information.

  • Sun, Dec 11 2016 1:20 PM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    Yes, we have Title Insurance and I filed a claim. I've asked and got a hearing set for Dec. 16 and I want to prepare a statement to explain what has happened.

  • Sun, Dec 11 2016 1:27 PM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    It seems to be about some 15 feet that was abandonded by the city in 1999, but my property is 65 feet wide along the street and that's the amount on the survey map. There was street planned many years ago, but it never went through.

  • Sun, Dec 11 2016 5:06 PM In reply to

    • Drew
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    Re: lawsuit for land before ownership

    You seem exceedling short of a description of just how this happened or your defense that you and prior owner have been paying taxes on your full tract all along...Odd are this is a bit like kangaroo court ....it's up to you to raise all the points..PLUS if you fail to bring up a relevant point it's going to be super hard to bring it up later on appeal..if you need to go to appeal.

    At least superficially, you got an extra 15' added back ...and tax collector want to get paid for same .

    How this is handled is very much state specific ...... 



  • Sun, Dec 11 2016 5:23 PM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    Yes, we have Title Insurance and I filed a claim.

    Did you get a chance to talk to someone from the title insurer on the phone?  Did they give you any idea whether they intend to provide you with counsel (a lawyer)?  Did they give you any instruction on what to do?

    Nancy Z:
    I've asked and got a hearing set for Dec. 16

    Unless the lawsuit was filed in small claims court (seems unlikely), you need a lawyer.  Trying to represent yourself in any other court is absolutely a losing proposition.  Even if you understood the relevant law (sounds like you don't), you'd almost certainly still lose if you don't also understand and follow all the court's rules of procedure.

    Just to be sure:  you've been sued in a court of law, right?  The hearing is in a court, not before a property-tax appeals board or anything like that, right?  In which case, is this the first you've heard about this???  Have you been ignoring previous attempts to communicate with you about this issue?  If so, that was not smart.

  • Mon, Dec 12 2016 8:45 AM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    Thanks again for your help. I asked a lawyer about the case through a free referal service, he said it would cost at least $2K for a lawyer and the suit is only for about $3K. The title insurance consul asked for the amount of a "pay out with predudice" so I'm hoping they will pay it. I don't understand why or how the the plaintifs made the claim about the taxes in the first place. Why aren't they suing the next door neighbor for the same amount? I've been making numerous contacts with all offices concerned and they all say don't do anything, it's not a problem, but like I said, they almost got a default judgement to forclose. 

  • Mon, Dec 12 2016 8:51 AM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    Thank's so much for your responses. We bought the house from a bank after it had been forclosed. The title company seems like it should be doing everything, but the counsel isn't answering my emails. I will continue to try to contact them to get more info.

  • Mon, Dec 12 2016 8:59 AM In reply to

    • Drew
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    Re: lawsuit for land before ownership

    Dont hold your breath waiting for title firm....odds are they are in equation to protect lenders interest ..and they may not be in equation to protect against issues which were not on record at the time  

     

     



  • Mon, Dec 12 2016 9:00 AM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    The title company seems like it should be doing everything, but the counsel isn't answering my emails. I will continue to try to contact them to get more info.

    Can you get your December 16 hearing delayed?  It's usually fairly easy if you ask correctly, but you might need a lawyer to be sure your request is correctly done.  Maybe if you call the clerk of court, they will tell you the title company already asked for a continuance;  if so, you can dial down the panic level.

  • Mon, Dec 12 2016 9:33 AM In reply to

    • Nancy Z
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    Re: lawsuit for land before ownership

    Since B of A is the lender, can they be asked to be involved? 

     

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