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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2157
Experience:  Practicing Attorney with 10 years experience
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My name is ***** ***** Mainka and I live in Corpus Christi,

Customer Question

Customer: My name is ***** ***** Mainka and I live in Corpus Christi, Tx. My problem is almost identical to the one here. My parents are both deceased. Their house was sold at auction on December 1, 2015 for unpaid county property taxes. My sister, brother and I each received a Notice of Excess Funds. There is also a Federal Tax Lien on this property in the amount of $89,000. When I received my letter, I spoke to the District Clerk in Corpus Christi, Tx, all they would tell me was talk to an attorney. The amount of excess funds is $37,337.75. Will the Federal Government take the excess money?Do I need to file a petition to claim my portion of the excess money?Or is there an7 point?
JA: Thanks. Can you give me any more details about your issue?
Customer: My father passed away in 2002, and my mother passed away in 2006. I live on a very limited income, so before my mother passed, she encouraged me to live in the house. I moved in in 2008, I paid $10,000 +/- at that time on county property taxes, which was the extent of my savings. I retired at the end of that year. I live on $1400 a month and had no excess money. At the end of October, 2015, they came to the house and told me they were foreclosing on the house and it would be sold on d
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Sure, I just wanted to tell you when I received the papers on the house, it listed my mother (who was deceased), my sister, my brother and me. We had not probated the estate because she had nothing, except the house. Should we have been included in the judgment? Ill wait to hear from you. Thanks for your help.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 year ago.

I am so sorry for the loss. Unfortunately any excess funds need to go toward the back taxes.

Customer: replied 1 year ago.
Does that mean the Federal tax Lien? Is there any point in filing a petition for excess funds?
Customer: replied 1 year ago.
Is it true any entities with a claim have 2 years to follow that claim
Customer: replied 1 year ago.
What do you recommend I should do? Please answer
Expert:  Asad Rahman replied 1 year ago.

Yes. The tax lien unless released by the government which you can try to request of them. However in all honesty it would not result in you receiving much of anything of thise excess funds. You siblings should claim it amd then use it to negotiate with the IRS a settlement

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