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JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
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I sold my aunts property in Denver Co. five years ago. The

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I sold my aunt's property in Denver Co. five years ago. The Mortgage co. that bought the property has not changed anything with the Dept. of Finance Assessment Div. because it's still in my name. They have paid the taxes on the property each year. Is there any reason why they have the property still in my name. Is there any legal recourse?
Hello,

I am a professional here to assist you. I appreciate your use of this service.

There are two potential reasons for the situation you have explained. The first is that the deed was not recorded. Once recorded the tax information would be updated. The second possibility is that the taxing authority is in error and has neglected to update these records. This is less likely.

Property taxes attach to the land and not the person. Ultimately, if unpaid a lien would be applied against the property. The person listed on the tax records as owner would not necessarily be responsible. You may be able to file an affidavit indicating the property was sold to change the name administratively. Contact the taxing authority to inquire about that option.

Please follow-up with me as needed. This is intended to be an ongoing dialogue. I rely on positive service ratings, so please do not forget to leave a positive service rating. I would greatly appreciate a positive service rating and optional bonus.

Thank you
Customer: replied 3 years ago.

Is there any reason why the deed hasn't been recorded?

That is a good question. My response here would be speculation. Sometimes lenders who acquire homes via foreclosure or deed in lieu of foreclosure do not immediately record the deed. That may be because they do not keep the property up to code or they negligect the property. High grass, for example. In those situations, it they prefer not to be listed in the property records.

Please follow-up with me as needed. This is intended to be an ongoing dialogue. I rely on positive service ratings, so please do not forget to leave a positive service rating. I would greatly appreciate a positive service rating and optional bonus.

Thank you
Customer: replied 3 years ago.

is there any legal recourse for me (file lawsuit) because my name is XXXXX XXXXX record?

While the deed conveying the property to you may be the latest recorded deed the unrecorded deed to the lender would still be effective. The tax offices information would not create liability for you as you can show you are not the owner. The lender who is the owner via unrecorded deed may have liability. For exmaple, it may be that you acquire a tax lien which is filed in the records prior to the lender recording. That may lien may be enforceable against the lender's property because of their failure to record prior.

Please follow-up with me as needed. This is intended to be an ongoing dialogue. I rely on positive service ratings, so please do not forget to leave a positive service rating. I would greatly appreciate a positive service rating and optional bonus.

Thank you
JBaxLaw and 2 other Real Estate Law Specialists are ready to help you
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again