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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Foreclosure Imminent, is Adverse Possession Our Only Choice

    My question involves real estate located in the State of: Texas

    Not sure where to start...

    We are having problems solving a imminent Tax Forclosure and need some seriously helpfull information asap please!!!

    This all involves my grandmothers Property.

    Background:

    In 1973 her mother passed away, leaving her 1 half interest to her children in her will. The will was filed, but never probated. leaving all interest undevided.

    Her father re married, he passed away in 1989, leaving his 1 half interest to his second wife.

    Due to the fact that the total interest was never devided, the second wife was only intitled to a life estate.

    The second wife passed in 1996, so her inherited interest reverted to my grandmother and her brother.

    My grandmother did willfully and with intentionally enter and possess the abandond property with the aid of police. She paid the back taxes that were owed after being contacted by the county tax assessors office.

    It seems that the county did a search for someone to pay the taxes and in the process of their search located my grandmother's brother who wrote the appraisal district a letter stating that "He wanted to have nothing to do with the property!

    That is the order in which all events transpired, but not in the order at which it was revealed to us.

    For some unexplained reason,Grandma had no tax statements for the last 3 years and she started receiving letters from the 6 licenced property tax loan companies in texas that informed her that she was about to be forclosed on and that she needed to pay up to avoid forclosure, or take a loan to do so.

    She is on a fixed income and decided to apply for the loan.
    So, with the aid of the loan company, I set out on an adventure!

    This adventure led to several trips to the clerks office and the Appraisal district who evaluated the situation and decided that filing two affidavits of heirship was the best remedy for the situation.

    ( as i was also told to do by the legal department of the loan company!!!)

    We did this with the aid of the county clerks office and mostly the appraisal distsict supervisors.

    This went very well. The appraisal district transferred the homestead and the attached property in G ma's name. So now, both the county clerks and the appraisal district records reflect the transfer of ownership responsabilities.

    She just received the Tax statement for this year in her name.

    As far as the county is concerned she is the owner of record.

    Flash forward and now the underwriters are having a problem with the affidavits filed stating that " the brother has to issue a warrenty deed in order to transfer ownership"

    My problem is the fact that G ma's brother is estranged, and refuses to pay his share of the taxes, and also refuses to issue a warrenty deed!

    G ma has never refused to pay the taxes for over 15 years, she was just un aware of the taxes that were owed for the last 3 years.

    My question is:

    To satisfy the underwriters at the loan company, should we have gone ahead with an adverse possession? She is entitled and the records now sho this fact.

    The underwriters are just wanting to cover their butts against any future claims in case of a default; and i understand that, but the forclosure is in process due to the bad economy, and we have already had two extentions and i fear we may not get another.

    G ma's afraid she will have to go into hiding from the process server!!!

    Please help us!

    Dr. Pepper

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Foreclosure Imminent, is Adverse Possession Our Only Choice

    Hiding from a process server won't help her a bit. They'll serve her by substituted service, and then if she doesn't reply they'll get a default. And that's only if they're required to foreclose through judicial process in your state.

    The extensive extraneous information you include makes your narrative a bit murky. Your complaint is that a co-owner won't convey his interest to your grandmother to give her clear title, and the threat of foreclosure is based upon the cloud on the title from the unprobated will? Or something like that?

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Thumbs up Right on the nose!!!

    Quote Quoting Mr. Knowitall
    View Post
    Your complaint is that a co-owner won't convey his interest to your grandmother to give her clear title, and the threat of foreclosure is based upon the cloud on the title from the unprobated will? Or something like that?
    Bingo!!!

    Too much coffee, not enough sleep! I tend to ramble when this happens!

    That's exactly the problem before us!

    Thanks for condensing it for me.

    The unprobated will resulted in the second wife being defaulted to a life estate as per State law.

    (effectivly leaving the property to the remaining heirs)

    The co owner refuses to convey his interest and has not paid any taxes on the property!
    G ma has paid all taxes for 20 minus 3 years presently delinquent.

    Any hope for us?

    If we can't resolve the issue we will litterally be on the street.

    Doc

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