Legal Question in Credit and Debt Law in Texas

I owe $3,000.00 on a property tax . I do not have the money to pay this. I have tried to give the property back and no one wants the property. What recourse do I have, and what legal action can be taken against me if I cannot pay this tax?


Asked on 7/22/10, 7:30 pm

1 Answer from Attorneys

David Hays The Hays Law Firm, P.C.

This answer is based on the assumption that the "Property" you are referring to is "Real Property" I.E. a home. If you are the owner of the Property, I am not sure who you "tried to give the property back" to. If you owned the Property during the period for which the property taxes are due, then you have no recourse. Property taxes in Texas are due in arrears. In other words, taxes for the year 2009 were due and payable on Jan. 31, 2010. Failure to pay property taxes can result in the following: 1. The taxing entities can file suit, obtain a judgment and foreclose on the property; 2. If you have a current mortgage, you are likely in default of the note and deed of trust and the lender has a right to foreclose on the Property. In many instances the lender who holds the note/deed of trust will pay the taxes as not to risk having their lien foreclosed out if the taxing entity forecloses first. 3. If the taxing entity were to foreclose first, thereby extinguishing your lender�s lien, your lender could attempt to obtain a personal judgment against you in order to collect the amount owed to them. Your best option is to contact the taxing entity and try to work out a payment plan. Another option, although not highly advisable, is to borrow the money from a lender or pay it on a credit card. I would only recommend this as a last resort however.

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Answered on 7/28/10, 6:49 pm


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