Jackson, TN asked in Tax Law for Tennessee

Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Tax Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You only get a bill of sale usually, and then it might get redeemed.

James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: I understand you are asking about gaining ownership of a property in Hardin County, Tennessee by paying 11 years of back taxes and putting a lien on the property. Here are a few key things to know:

Paying the back taxes alone does not automatically grant you ownership of the property. The legal owner still retains their ownership rights, even if they are behind on property taxes.

In Tennessee, property tax liens are automatically placed on properties with delinquent taxes. The county government, not an individual taxpayer, holds the lien. Paying off someone else's tax debt does not transfer this lien to you.

Tennessee does have a process where the county can auction off properties with sufficiently delinquent taxes, which is one way to acquire ownership. However, there are required legal notifications to the owner, waiting periods, and other steps in this tax sale process. Simply paying the back taxes does not allow you to circumvent the owner's rights and due process.

If you pay the taxes, you may have grounds to seek reimbursement from the legal owner, since you paid their tax obligation. But this still does not mean you can put an additional lien on the property or take ownership yourself.

The best path forward would be to contact the Hardin County Trustee's Office to discuss the property in question, the tax sale process, and your options. Consulting a real estate attorney familiar with Tennessee tax laws would also be advisable before paying someone else's taxes in an attempt to gain ownership. The process is more complex than simply paying taxes and placing a lien.

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