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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15761
Experience:  Licensed General Practice Attorney, Texas
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I am interested in purchasing a parcel of land that is

Customer Question

Hi, I am interested in purchasing a parcel of land that is coming up for sale at a tax deed auction. 10 years ago a probate case was opened but not finished as the lawyer resigned from the case after getting elected for Judge. There is a $8000 Funeral home lien on the estate that is in the probate files and a $2000 attorney lien that is also in the probate files, both dated 10 years ago. My question is, will these liens be wiped out with the tax deed sale?. I am not sure if the probate was actually closed or not. Thanks
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 10 months ago.

Thank you for using JustAnswer.

All properly joined defendants will have their interests wiped out once a tax deed sale has been completed. That is, any lienholders on the property have to be given notice of the tax deed sale and properly joined as defendants. But the liens will be wiped out. Another consideration is that title companies are very reluctant to underwrite a policy with a tax deed unless there's also a "quiet title" filed on that. That's essentially a court order saying that you own the property free and clear. So even IF you have the property free and clear, if you want to sell the property in the future to someone who will be financing or otherwise wanting to have title insurance, the tax deed is not the final step. Getting a lawyer to file a quiet title action would be, and you should consider the additional costs (especially if you're buying this for investment purposes and looking to sell in the near future). If you're looking to rent it out, then that process is not necessary at the beginning (but would still need to be when you want to sell).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 10 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 10 months ago.

Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacESQ replied 10 months ago.

Hello?

Expert:  ScottyMacESQ replied 10 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 10 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacESQ replied 10 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 9 months ago.

Did you have any other questions before you rate this answer?