Buying or Selling a Home/housing

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Expert: - 10/21/2007


Question
if there is a house that has been paid for several years and goes for sale for back taxes,the original owner is deceased having left no will.could a person pay the back taxes and take possesion of said property?

Answer
Hey, Richard.

Theoretically, yes. But if the owner left no will, then the real property is probably tied up in probate, and I doubt that those people who have an interest in the property, or the probate judge, would let it go for just the payment of property taxes. If the owner was the last in his family and has no living relatives, then the State through probate would still control the property.

I'm not sure what you mean by "has been paid for several years." If you mean that the owner paid the mortgage for a couple of years in advance, then the mortgage lender will need to be notified that the owner has died.

If you mean that someone else has been paying the mortgage for several years since the owner died, the mortgage lender should have been notified that the owner died.

There usually is fine print in the mortgage document about death, unpaid property taxes, and transfer of ownership.

I think the biggest problem, though, is probate. That can take years to settle depending on the number of interested parties.

If you think you have a chance to do that, contact a good real estate attorney or a good Realtor with experience in this type of matter, especially since I don't know which state you're in.

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Russel Ray

Expertise

Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.

Experience

Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.

Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego

Education/Credentials
Graduate of Texas A&M University; College Station, Texas

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