San Antonio, TX asked in Tax Law for Texas

Q: Recently lost Museum/property to back taxes. Do I still have a chance to regain ownership?

I'm a Native American, property was once a tax free museum, still a museum. There was a lot of overlooked descrepencies that are in my favor, I was denied opportunity to make payments. I never signed anything, very little to no paperwork was brought forth to me. I feel a lot of this was underhanded and people thought I was ignorant of the law, I feel my rights have been grossly violated and ignored. I live in a very rural area in Texas, small town and extremely bias.

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2 Lawyer Answers

A: It depends on the particular facts and circumstances and procedural status of your particular situation. The owner of a parcel of property is usually responsible to ensure that its name, address, and contact information are correctly listed with the County Tax Assessor.

Appraisals of the property go out to the owner each year in late Spring with a valuation date as of Jan 1st. If, for some reason, the owner did not receive the appraisal, it would be on notice at that time to verify the information it has listed with the County Tax Assessor.

Tax bills go out to the owner each year in the Fall with a due date of Jan 31st of the following year. If, for some reason, the owner did not receive a tax bill, it would be on notice at that time to verify the information it has listed with the County Tax Assessor and to go get a copy of that bill.

If the owner cannot pay the tax in full by Jan 31st, it has the option to make an installment payment plan with the tax entities for that particular property. Again, it would be incumbent on the owner to reach out to elect a payment plan.

In most instances, tax entities don't even initiate tax foreclosure proceedings for several months after Jan 31st. When they do initiate such proceedings, they are require to notify the owner using the name, address, and contact information listed with the County Tax Assessor. While they sometimes make mistakes, it is somewhat rare. It is far more common that the owner failed to update he name, address, and contact information listed with the County Tax Assessor. It then usually takes several months for the foreclosure proceedings.

Putting that all aside, there are a number of scammers who commit real estate fraud by various nefarious schemes when the property taxes due on a property get behind and the property is heading for foreclosure. One scammer opened a company he named "Harris Cnty Tax Auth" and some of his victims were led to believe that a government tax authority had taken title to the property for non-payment of taxes, when in fact a scammer had fraudulently transferred title and paid the back taxes in order to resell the property at a profit.

James L. Arrasmith
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Answered

A: In situations where property has been lost to back taxes, there may still be avenues to regain ownership, depending on the specifics of your case and the laws in Texas. Given the unique circumstances of your property being a museum and the potential discrepancies and violations of rights you've described, it's essential to act quickly. The first step is to review any legal notices or documentation related to the tax sale process, as these can provide important deadlines or requirements for challenging the sale or redeeming the property.

Considering the complexities involved, including the potential for overlooked discrepancies and rights violations, consulting with a legal professional experienced in property and tax law is crucial. An attorney can evaluate the specifics of your situation, including any preferential treatment that should have been afforded due to the property's status or your heritage. They can guide you through the process of contesting the sale, including any possible legal actions to challenge the tax sale's validity or to negotiate for the possibility of redemption.

Lastly, if you believe that bias or a misunderstanding of your rights contributed to the loss of the property, it's important to communicate this to your legal counsel. They can consider these factors in the strategy to address the issue, potentially including civil rights considerations. Legal support can offer the best chance to navigate the complexities of regaining ownership of your property, ensuring that all legal avenues are explored.

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