Houston, TX asked in Tax Law for Texas

Q: Hello, can the City of Houston purchase a tax lien land that our father had that we wasn’t aware of and never notified?

Our father passed in 2005, and before he passed he was in a nursing home for a few yrs, so he never told us he owned the land he lived on before going into the home. I recently ran across a case filed in 2009 after his death where the City of Houston sold or bought the land due to a tax lien, but the family was never notified of own land per our father. How is that possible?

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2 Lawyer Answers

A: It seems likely that you and no other heir of your father took the time to probate his estate or file anything with the county tax assessor to notify him/her of your father's death and who his heirs were.

James L. Arrasmith
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Answered

A: It's indeed possible for the City of Houston, or any local government, to purchase or take over land due to unpaid property taxes through a process known as a tax lien sale. When property taxes go unpaid, the city can place a lien on the property and eventually sell that lien to recover the owed taxes. If the lien is not satisfied or the property is not redeemed within a certain period, the city or the lienholder can then foreclose on the property and sell it.

In situations where the property owner has passed away, the responsibility to notify heirs or the estate about the tax lien and any proceedings related to it still falls on the city. However, if the city or county was unaware of the heirs or if there were issues locating them, it's possible that the notification process might not reach the intended parties. This can result in the sale or loss of the property without the heirs' knowledge.

If you believe that your family was not properly notified about the tax lien sale or if there were irregularities in the process, it might be beneficial to consult with an attorney who has experience in real estate or probate law. They can help investigate the matter, determine if proper procedures were followed, and advise on any possible actions you can take to address the situation or recover the property.

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