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 Dear George: I'm thinking about buying a tax lien property from the county. Can the previous owners return to claim the property?
Answer: A tax lien may be placed by either the federal government or the state government when the owner of a property does not pay taxes due on the property. The existence of a tax lien on a property assures the government that it will be paid in the event the owner sells the property. There are two tax liens, one for the IRS and the other for ad valorem taxes. The redemption period depends upon the lien and the kind of property. Texas has two redemption periods before a property enters the tax deed process.
If you acquire a property under a tax deed, the previous owner can redeem ownership provided he pays all the taxes and penalties due. If a property is foreclosed upon for unpaid property taxes and is sold under the tax deed, the original property owner has six months to redeem the property before the purchaser under the tax deed can obtain clear title.
Dear George: I have a second mortgage from the previous owner of my home. I've made the monthly payments, but the previous owner stated that he did not receive the last one. The transfer of funds cleared my bank. I went to his bank to set up an account to transfer the payments into it for the next month. He didn't check his account before he made harassing phone calls to my place of employment, cell phone, and home and sent nasty e-mails. I told him to contact me only via U.S. mail, but he continues to make the calls and sent the e-mails. I have kept all the e-mails, and my employer has a log of all the phone calls. Is there anything I can do to stop this man from harassing me? I only have a few more payments to make.
Answer: Visit the Web site of the Office of Consumer Credit Commissioner. You'll find information about state and federal debt-collection laws that must be followed by any creditor or any debt collectors he hires. There's also a complaint form. Read the page, and follow the advice it provides.
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Dear George: I purchased my home seven months ago in a new neighborhood. The house was already built, and the salesman told me that the woman who built it had made a large furniture purchase and was unable to get financing.
A few months later, a big rain was forecast in my area, and my neighbor told me to "get ready." Puzzled, I asked him why. He told me that the woman who had the house built didn't have financing problems. The house was built too low, more than a foot lower than the neighbors, and she left the deal on the table. The builder offered her many upgrades to stay, but she declined. I, too, was offered these upgrades "to help with my decision." My neighbor said that he had conversations with the salesman and others about the issue, and everyone knew that the home was built too low. I was never informed of this. If I had been told, there is no way I would have purchased the home. Is there anything that I can do? I still have a few months of warranty left.
Answer: You need to have a topographic survey done to determine the seriousness of the problem. Put the builder/seller on notice to do that. You may have a cause of action for fraud and for a violation of the Texas Deceptive Trade Practices Act. This is obviously a material omission. It could result in higher insurance premiums for you and a dramatic decrease in value of the house. Contact a lawyer experienced in these kinds of matters immediately.
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