lawsuit for land before ownership

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Latest post Thu, Dec 15 2016 6:23 PM by Nancy Z. 36 replies.
  • Mon, Dec 12 2016 9:47 AM In reply to

    • Nancy Z
      Consumer
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    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    thanks, will do

  • Mon, Dec 12 2016 10:23 AM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:

    A bogus lawsuit has been filed agasint my husband and I. . . .

    Is this lawsuit legit?

    Well...we don't exactly have much to go on other than your conclusion that the lawsuit is "bogus."  Needless to say, if, in fact, the lawsuit is "bogus, then, by definition, it cannot be "legit."

     

    Nancy Z:
    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.

    In the abstract, virtually anything is possible.

    My assumption is that the lawsuit was filed by the county and my guess is that the taxes were a lien against the property.  This should have been covered in your title insurance policy from when you bought the property.  Pull out your policy and see if this is mentioned and, if not, whether it's included within or excluded from coverage.  In any event, since you've been sued, you'll want to consult with a local attorney ASAP.  If this is covered by your title policy, the insurer should provide counsel to represent you.

  • Mon, Dec 12 2016 10:25 AM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    I have a hearing set for Dec. 16.

    A hearing for what purpose?

  • Mon, Dec 12 2016 3:50 PM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    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.

    Did the lawyer say anything about your odds of successfully defending against this lawsuit?

    Ideally you would consult a local lawyer familiar with the plaintiff and its policies and practices as well as with the legality of what it is doing in this case.  A consultation CAN'T cost anywhere near $2k!

  • Wed, Dec 14 2016 10:56 AM In reply to

    • Nancy Z
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    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    The purpose was to prevent the default and give me more time to answer the question of why the taxes that were there before we bought the house in 2012 were owed by us not the title company.

  • Wed, Dec 14 2016 11:04 AM In reply to

    • Nancy Z
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    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    The title company has now agreed to pay the taxes and penalties that came before the sale. I still do not understand why the very first thing we were made aware of was a suit. We never were billed or notified in any way that there were outstanding taxes, just the law suit. My gut tells me the lawyers filing the suit were trying to get a default foreclosure against out home, the $3K suit is just peanuts compared to the total value of the property.

    The reason I believe this is because I called and called and they all told me not to worry about it, it was just mistake and it would go way.  

  • Wed, Dec 14 2016 11:15 AM In reply to

    • Nancy Z
      Consumer
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    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    I'm making some progress with the title company, they have agreed to pay what's owed before we bought the house. I'm trying to find out how much will be our share and whether it will begin to be part of what Bank American collects with our mortgage payment, and then pays through an escrow account. All other taxes and insurance are handled this way and I trust the bank to do it.

    This is why a didn't believe these were legitament taxes. Why would it go immeditely go to a lawsuit. We were never billed or notified. I thought it might be a scam to forclose on the house.

  • Wed, Dec 14 2016 11:30 AM In reply to

    • Nancy Z
      Consumer
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    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    Thank you for helping give me a view into this murky business. I thought the taxes were a percentage of the value of the property. I haven't been able to get information about the measurment issues. The 65 feet of property on the street doesn't seem to come up in figuring the tax amount. Our deed specifies that the tract that was once going to be a street, was abondonded by the city many years ago, long before we bought it.

    My hope is ity will be streightened out, and a fair tax bill will be presented to us which we can turn over to the Bank of America and they will include it in their escrow account that we pay with our mortgage.

    I will probably never understand why we were sued before being billed.

     

  • Wed, Dec 14 2016 11:33 AM In reply to

    • Nancy Z
      Consumer
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    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    Thanks, Karen 2222, the title company is now involved and hopefully will help resolve this painful problem.

  • Wed, Dec 14 2016 11:41 AM In reply to

    • Nancy Z
      Consumer
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    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    Yes, we are trying to deal with the title company, we did buy correct title insurance. I just will never understand why if they were real taxes we weren't billed along with the other taxes that we pay along with our mortgage every month through an escrow account. 

    We never recieved any bill, just notification that we were being sued. When we called about it, after being put off and off, we were told it was a mistake and would go away. 

    Then when the default which included a foreclosure was going to happen I asked for a hearing.

    Now, they are saying maybe be can just pay the back taxes from when we bought the house.

  • Wed, Dec 14 2016 11:50 AM In reply to

    • Nancy Z
      Consumer
    • Not Ranked
    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    I have not been ignoring it, I swear, the law firm involved kept telling me it's a mistake, don't do anything. I went to HCAD and they said the same thing, clerk said and I quote. "There's nothing here, tell Trey Stone to stope harrassing you." 

    It was going to default and then I responded.

    Thanks for you advice, it has helped.

  • Wed, Dec 14 2016 12:18 PM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    The title company has now agreed to pay the taxes and penalties

    Great.  Then it's done, right?

  • Wed, Dec 14 2016 12:41 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,309

    Re: lawsuit for land before ownership

    Just be positive to show for any scheduled rescheduled  hearing unless you have soild written notice that hearing has been cancelled or resolved ..take nothing for granted until you are positive the page in the book is closed ....sometimes folks do lose homes over tiny tiny amounts...dont risk it .



  • Wed, Dec 14 2016 1:35 PM In reply to

    Re: lawsuit for land before ownership

    Nancy Z:
    clerk said and I quote. "There's nothing here, tell Trey Stone to stope harrassing you." 

    I googled that name, and one of his specialties does seem to be tax sales.

    I don't know what kind of hearing you have scheduled for the 16th (only 2 days from now), but it's VERY important that you make sure you either get it postponed or show up ready to do what's needed to prevent a foreclosure or other court judgment against you.

    Unfortunately, the way you described the purpose of the hearing in your response to ca19lawyer2 strongly suggests you don't know what the COURT sees as the purpose of the hearing and are therefore not prepared to handle it successfully.

    So please make sure either a lawyer you hire to do so, or the title company's lawyer, successfully requests a continuance (delay) long enough for everything to be worked out and documents signed.

    Then make sure to get it in writing that this matter has been settled (once that's true).  You were right not to rely on what people told you over the phone.  Always get important promises in writing!

    I suspect that this lawyer has some kind of contract that pays him per foreclosure, or per hour spent on tax enforcement, or something along those lines that makes HIM hot to trot on foreclosures that the client government doesn't necessarily want him to do.

  • Wed, Dec 14 2016 4:25 PM In reply to

    • Nancy Z
      Consumer
    • Not Ranked
    • Joined on Fri, Dec 9 2016
    • TX
    • Posts 21

    Re: lawsuit for land before ownership

    Thank you, again, for at least making me feel I'm not a nut case. Not to be paranoid, but I still have not recieved the information from the law office that the title company's consul has requested to be sent to me. ie. amount to be paid to resolve the case, who to pay it to or any general info about how to proceed.

    I will go to Court 231 at 11 am on Friday, even if they (?) say it's not necessary just in case, to be sure no default judgement is made.

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