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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41622
Experience:  Texas Attorney for 30 years dealing in real estate
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If I hold the Deed of Trust on a property and the owner has

Customer Question

If I hold the Deed of Trust on a property and the owner has not paid his county property taxes and is being sued by the county and threatening foreclosure can I pay those taxes and then begin foreclosure proceedings toward the owner myself? I don't want the county to forclose on the property because I don't want to loose my $100,000d
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: This is in Texas and I have not filed anything yet.
JA: Has any paperwork been filed?
Customer: I'm not understanding what paperwork you are referring to.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of. I will say the owner is suppose to appear in court next Monday and I cannot get him to respond to me as to whether it not he is even going to go! I am thinking about taking off work and going myself.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 7 months ago.

Yes you can here if the deed of trust has buyer paying the property taxes then they are in default and you can foreclose here in Texas.You would send them a demand letter accelerating the note and declaring them in default.You can then proceed to foreclosure posting and sale at the courthouse in the county where the property is located.This is the proper legal remedy to pursue to resolve this and get the property back because they have defaulted on the deed of trust.You have the right idea.You may consider a local real estate lawyer to send notice and act as trustee for he sale of the property on the first Tuesday of the month.

I appreciate the chance to help you tonight.Thanks again.

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