Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Polk County Texas foreclosed on a piece of property (a lot,

no buildings) belonging to Mr...
Polk County Texas foreclosed on a piece of property (a lot, no buildings) belonging to Mr. Jones for non payment of Taxes. They sold it to Mr. Smith. I have been told Mr. Jones has 6 months within which he can reclaim his land by paying the taxes AND also paying Mr. Smith 25% over what he paid for the land and any improvements (like a home) he has made on the land. True so far?
I am Mr. Williams. Mr. Smith wants to sell me the land. If I buy it, and make improvements (another house) can Mr. Jones reclaim the land before 6 months of the original foreclosure, and would he have to *also* pay *me* costs for buying the land+costs of all improvements (mine and those of Mr. Smith)+25%? Or, would I have a home on someone else's land?
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
6/28/2010
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
The first part is true. Actually, the minute you built a home there you would have built him a home on his land and you could make a claim for reimbursement but have almost no chance of actually collecting it in Texas. In addition, you almost certainly couldn't get a loan for the construction because a title search is going to show that the land isn't clear yet.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Ask Your Own Legal Question
Customer reply replied 8 years ago
To be clear, this is all cash, and no mortages are involved.

So, If I understand you correctly, the second purchaser has no (financially) protected rights to build. That is what I thought, but not what the REALTOR (tm) is claiming.
You would be able to sue him and get a judgment against him under the theory of "unjust enrichment" but it is awful hard to collect a judgment in Texas. I don't think there is any way to make him pay any other way since you, the second purchaser, made the improvements knowing he has the right to reclaim.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
OK, the other foot: to reclaim *the land" (now from me, too) would he have to also pay for my costs in the land (+25%) ? Or would I be screwed there, too, with his having to pay only the first buyer.

There sure are a lot of REALTOR(tm) who are minimally knowledgeable about real-estate out there!
I've never seen that issue, but my gut feeling is he would only have to pay the first purchaser to reclaim the land. This is one reason title policies are so important. I ran a quick search and didn't see any case law on the topic but if you look for the reasons behind the reclamation statute it wants to put as small a burden on the reclaimer as possible.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Ask Your Own Legal Question
Customer reply replied 8 years ago
FU:
I did buy the land, but will not build on it, got a General Warranty Deed form the seller and seller bought me a Title Policy which excludes the specific reclaim issue. I believe I could reclaim what *I* paid for the land only (from the seller) if the foreclosure gets nullified, within a few months now. Thanks for the feedback and guidance.
Dissappointing, but due dillegence for the risk aversive. I have to deal with a neighbor who believes he owns a big hunk of the land, while plats/maps and survey show otherwise, so it is just as well.
Regards,
Bruce
Thanks for updating me. Good luck to you.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Post probate protection against delinguent taxes, code fees,
Post probate protection against delinguent taxes, code fees, attorney's fees, et cetra against unaware heirs in Texas, … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I own some land and I built a house on it. The land was not
I own some land and I built a house on it. The land was not part of the deal in the paper work. I got hurt at work then I got sick. Needless to say I got behind on my payments. My mortgage company sold mine to Fannie Mae in June 2016. Since I had been sick and hurt my back, I got 3 months behind. In June I sent 2 payments, knowing I would still be behind just 1 month. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
We are looking into buying a former business that has a one
We are looking into buying a former business that has a one acre with building that is landlocked. This land was bought for back taxes. The other 29 acres surrounding is now for sale due to the owner … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
On or about the third day of nov 2014, mr smith called undersigned
On or about the third day of nov 2014, mr smith called undersigned counsel to advise that he and his ex wife have spoken recently and agree to resolve all remaining differences by equally splitting th… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
In this situation, there is absolutely nothing in writing.
In this situation, there is absolutely nothing in writing. Mr. Jones (Dad) was diagnosed with terminal cancer. He was treated and recovered. He wanted to get away from the stress of being a property o… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,248 satisfied customers
can an insurance company sue you for the balance of costs if
can an insurance company sue you for the balance of costs if your liability coverage was not enough at the time of a accident. I had 5,000 in coverage damages was 26,000, 21,000 is the balance the oth… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
We own land with two other people. We are tenants in common.
We own land with two other people. We are tenants in common. our interest is roughly 38%, the second person (call him P) is roughly 36% and the third (call him A) is roughly 26%. If P and I want to bu… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
To Legal Department Wells Fargo Wells Fargo RE: Description
To Legal Department Wells Fargo Wells Fargo RE: Description of wrongful Foreclosure Rep : Mr.Smith Home Preservation Specialist Wells Fargo Home Mortgage I have been advised that the above described r… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
We are in foreclosure,we are trying to get help from a law
We are in foreclosure,we are trying to get help from a law office and they say they have a program to stop the auction (delay) with out filing bankruptcy. They say they challenge the trustee on a set … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
Mr. Johnson want to buy Smithon Manufacturing because it is
Mr. Johnson want to buy Smithon Manufacturing because it is very profitable. Right now it has 30 shareholders but no single majority shareholder. It is a C corporation with a fiscal year-end of Decemb… read more
socrateaser
socrateaser
1,031 satisfied customers
Hi Irwin, My neighbor is quitclaiming me a strip of land between
Hi Irwin, My neighbor is quitclaiming me a strip of land between us in Rockland County, NY. While it is one strip of land going north and south between us, it is listed as two separate tax lots becaus… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
In a condo complex (33 units- housed in 7 separate buildings)
In a condo complex (33 units- housed in 7 separate buildings) a new unit owner, a lawyer, is claiming the electrical and cable shed, where all the building's electrical and cable boxes are, is her's..… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I Bought a Piece Of Land For $22,000.00 Paid 12,000.00 Down,
I Bought a Piece Of Land For $22,000.00 Paid 12,000.00 Down, Fiananced For 5 Years It Took Me About 2 Yrs To Get A Deed Showing My Owner Ship . Sold The Land For 95,000.00 With 40,000.00 Down & Bank I… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
We are consumers having a battle with a home improvement contractor
We are consumers having a battle with a home improvement contractor over workmanship. Closet doors were poorly finished/stained. We are holding money/payment of $1000 (cost to replace and stain both d… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
if your home has been sold into foreclosure is there anyway
if your home has been sold into foreclosure is there anyway to get it back before they evict you from your home?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
WE HAVE AN UNDER WATER PROPERTY IN FLORIDA. WHAT ARE THE
WE HAVE AN "UNDER WATER" PROPERTY IN FLORIDA. WHAT ARE THE RAMIFICATIONS OF REDEEDING IT TO THE LENDER, OR JUST LETTING THE LENDER FORECLOSE. I. E., WOULD THERE BE A DANGER OF ATTACHING A RETIREMENT F… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Improved building lots (2) purchased in 2004. Intent was to
Improved building lots (2) purchased in 2004. Intent was to build on one and sell the other. Lots on separate financial agreements, interest only. Improved lots in local area selling for less than hal… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My home of 10 years was just foreclosed on 9/16/09, I have
My home of 10 years was just foreclosed on 9/16/09, I have ben contacted by a real estate agent representing the bank. I live in California (San Diego) What is my redemption period in California? and … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x