Legal Question in Real Estate Law in Oklahoma
taxes on a sold property
i sold a trailer that sits on a rented lot. it is still in my name at the county office and i am getting penolized for the back taxes. i sold it in 1998. they are putting a tax lein on my credit. i have already contacted the new owners, but they havent done anything about it. can i take my trailer back and evict them, or what are my rights.
thank you
--name removed--batchelor
1 Answer from Attorneys
Re: taxes on a sold property
Thank you for your question. I am not sure that all of the potential issues can be resolved by a single response and particularly also because many additional questions are raised by the lack of detailed facts. In short, your rights are controlled by the terms of the contract under which you sold the property to the present owners. Beyond that I could not reply without knowing for instance, why the certificate of title was not transferred at the time of sale. If that had been done all taxes would have been brought current and the ad valorem tax bills would be assessed against the new owners. Otherwise they will be assessed against you as the owner and will become a lien not only on the mobile home but also any real property in your name. If they are simply buying the home under some sort of contract for purchase where title is being withheld until the purchase price is paid in full, then unless you have an agreement in writing as to who should be paying the taxes, it could just as easily be your responsibility as theirs since title is still in your name. What it kind of boils down to a question of what interst other than your credit report are you needing to protect. If this transaction is one where you owned the home free and clear when you sold it, and you have not been paid in full by these new owners then you need to take steps to protect your investment. The county has a right to sell this home for taxes owed and both you and the people you sold to may lose the home to the county. If you can clarify some of this facts a more definitive opinion might be available.