Legal Question in Real Estate Law in Texas

Delinquent Property Taxes

I bought a new home in 2/2008. By the time of closing, the builder had not paid 2007 taxes as they were protesting 2007 appraisal. According to the closing documents, they were to take care of the 2007 taxes when the bill is received. According to HCAD, the address of the builder was wrong in their records. Builder claims they never received the bill. In October 2008, I found out the taxes for 2007 have not been paid. The county had already levied almost $2,000 in interest and penalty. When contacted, builder says they will pay the taxes, but not the interest and penalty. The taxes have been paid, but interest and penalty is still due. The county is filing a law suit against me, because I am the current owner. I have an e-mail from HCAD office acknowledging their mistake in wrong address of the builder. The property had been properly recorded, but the tax continued to send tax notices to the builder at the wrong address.

What are my options?


Asked on 12/31/08, 3:27 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Delinquent Property Taxes

This is why you buy title insurance. Pull out your title policy and make a claim. Follow the instructions on the jacket of your Owner's Title Policy. Good luck.

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Answered on 12/31/08, 3:29 pm
Eddy De Los Santos Spain Hastings Ward Carey & Chambers

Re: Delinquent Property Taxes

Based on the information you have provided, if the County has already filed suit, you would need to contact an attorney to represent you or make sure to respond to the suit pro se. If you would like to discuss further or would like assistance, please contact us. Good luck.

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Answered on 12/31/08, 3:48 pm

Re: Delinquent Property Taxes

Your options are (1) make a claim on your title insurance (2) sue the seller. I'd do both.

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Answered on 1/01/09, 7:57 pm


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