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R79Land

Deed and Taxes

9 posts in this topic

Hello, 

My father owns the house that i payed for and says he can not sign the deed over to me while owing property taxes, so my question is, is he telling the truth or lying? 

Please let me know ant Thank You

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51 minutes ago, R79Land said:

My father owns the house that i payed for and says he can not sign the deed over to me while owing property taxes, so my question is, is he telling the truth or lying? 

 

 

What difference does it make?

 

Maybe he just doesn't want to give you back the gift that you gave him.

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As was said above, yes. The buyer has responsibility to pay the taxes, if he/she doesn't want to lose the property.

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7 hours ago, VeraCaUSA said:

Can you transfer a property deed without first satisfying the delinquent property taxes?  

 

Yes, he could transfer it to you without first paying the taxes on it. The lien on the property from the property taxes would remain after the transfer so if you fail to get the taxes paid after the property is transferred to you then you could still lose it because the government unit that imposed the tax (city, county, school district, etc) may take the property and sell it to satisfy the tax.

 

Did you have any written agreement with your father regarding the deal on this house? If not, why not? You should never enter into any deal to buy real estate with out getting all the details in a written contract that both you and the other party sign.

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You are right.

 

However, very few individuals have the means to purchase a home without financing and I can't think of any lender that would loan money without the delinquent taxes being satisfied first.

 

But it does raise an interesting scenario in Texas considering that if the property encumbered with unpaid taxes is sold to a person 65 or older or disabled, then what would keep them from claiming homestead exemption and filing for deferment under Chapter 33 of Title 1:


 

Sec. 33.06. DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLY OR DISABLED PERSON. (a) An individual is entitled to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien if the individual: (1) is 65 years of age or older or is disabled as defined by Section 11.13(m); and (2) the tax was imposed against property that the individual owns and occupies as a residence homestead.

 

 

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3 hours ago, VeraCaUSA said:

You are right.

 

However, very few individuals have the means to purchase a home without financing and I can't think of any lender that would loan money without the delinquent taxes being satisfied first.

 

That’s true. Most lenders would insist that the property tax liens get paid off before or at closing as a condition of funding the loan. But that is a decision by the lender, not a legal impediment to the transfer.

 

3 hours ago, VeraCaUSA said:

But it does raise an interesting scenario in Texas considering that if the property encumbered with unpaid taxes is sold to a person 65 or older or disabled, then what would keep them from claiming homestead exemption and filing for deferment under Chapter 33 of Title 1:



 

Sec. 33.06. DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLY OR DISABLED PERSON. (a) An individual is entitled to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien if the individual: (1) is 65 years of age or older or is disabled as defined by Section 11.13(m); and (2) the tax was imposed against property that the individual owns and occupies as a residence homestead.

 

 

 

The OP is not in Texas. But if a property in Texas that was encumbered by a real property tax lien was sold to an elderly or disabled person as defined in the Texas statute and that person used that home as his/her homestead he or she might well be able to defer any sale of the home to pay that tax. All that means is that the tax would be collected from the home after the person dies or ceases using it as a homestead.

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7 hours ago, Tax_Counsel said:

The OP is not in Texas. But if a property in Texas that was encumbered by a real property tax lien was sold to an elderly or disabled person as defined in the Texas statute and that person used that home as his/her homestead he or she might well be able to defer any sale of the home to pay that tax. All that means is that the tax would be collected from the home after the person dies or ceases using it as a homestead.

True and I don't mean to derail the OP's question yet it relates to a question I had asked some time ago regarding multiple lots inclusion as homestead property since contiguous lots having an aggregate area of less than 10 acres qualify as homestead property.   But I digress.

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