The house we grew up in is currently unoccupied in Texas. The Deed to this property is still in the name of an Uncle who died in the 1930's. Our deceased Mother lived in the house and had paid Property Taxes until her health failed and later died. For several years the Siblings tried to get the house in their names in order to sell the property with an Heirship, but this could not get done.
The Siblings are being sued "IN REM" for delinquent taxes by the County. The Tax Bill is in our name but the Deed is not.
We no longer want this property and are considering letting it go to Delinquent Tax Sale.
What are the repercussions for this Foreclosure to the Siblings personally as far as credit reports and other issues?
If that is what you want to do, that's OK but there may be some consequences. My first concern would be that the foreclosure, since the tax bill is in your name, might show up on your credit history. My recommendation is that you go to the tax office and see what alternative there is that can prevent that.
There is certainly a way to get the property in the names of the siblings, but you will need a probate attorney to help you do that. Weigh the value of the property against the tax debt and, if there is an equity that appeals to you, then you may want to get the property in your name and then offer it for sale.
One easy way to get the property in your name would be to buy it at the tax sale. There may be other bidders who want the property more than you do. Get the tax eavalution from the Appraisal District to help make that decision.
Talk to your siblings and decide what you want to do. Fort Worth is growing so the propety may be more valuable than you think.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
An "In Rem" lawsuit is against or about the property and not you personally. You are being served so that you have notice of the suit and a chance to present your claim. You should not have an obligation to pay this as it is a debt of the estate and you are not a party to the underlying claim. If it appeared on your credit I believe you could successfully dispute it. However, I STRONGLY recommend you speak to a foreclosure defense or real estate attorney to confirm this.
Short answer is NO. The taxes "run with the land." There are no repercussions for this Foreclosure to the Siblings personally as far as credit reports and other issues.
However, it would help resolve the situation more efficiently if you were to contact the county attorneys (who sent you notice of the suit), or the court appointed attorney ad litem, and let them know you no longer want this property. Also, be helpful in informing the court appointed attorney ad litem about your family history and names of all relatives (it is his/her job to find all possible heirs, so they may be notified of the tax sale).
If my response was helpful, please mark it "helpful" or "best answer." It should not be construed as legal advice nor the formation of a lawyer/client relationship. Good luck!
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