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Updated almost 6 years ago on . Most recent reply

User Stats

463
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Michael Mullins
  • Investor
  • Cedar Park, TX
177
Votes |
463
Posts

All kinds of challenges with this Deal

Michael Mullins
  • Investor
  • Cedar Park, TX
Posted

Have you ever heard we get paid to fix peoples problems. So here we go......

I cold called a person about a house that is worth (CMA from local real state agent) is 65k. However, the taxes due as of May is

$37,409.98 and I can't get access to inside the house. Why you ask, because the guy's mother died 3 years ago, he never moved the house into his name. However, he so called FRIEND that he can't get a hold of is now renting the house out to a older man (65-70 years old) and will not return his calls. 

He stated that his mom did take down one of the walls to make a room larger. But other then that he hasn't been back to the house in 3 years. 

I'm hoping to take the house down and rehab it has a rental or lease option. How can I get access to inside the property, the old man will not come to the door, because he knows he isn't allowed to stay there. He is basically squatting. How much is it to have him removed in Texas?

Someone tell me to MOVE on stop making a deal out of a no deal please. LOL

Most Popular Reply

User Stats

887
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758
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Jerel Ehlert
  • Attorney
  • Austin, TX
758
Votes |
887
Posts
Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

Start with the basics.  What county/state is the house located in?  You're in Texas according to your profile, so my response will assume the house is here, too.

Dad owned the house and died.  When did Dad get title?  Was he married at the time?  Was it a gift or inheritance?  This goes to the issue of whether the house is separate property or community property. Did Dad have any other kids?  If so, were they also Mom's kids?  Did Mom have other kids who weren't Dad's?  This goes to whether there are others who can take from Dad's estate and if Mom has claim to the house.

If there are no other kids and the house goes to Son, pretty straight forward.  But in any event, just get a contract to purchase with the Son, contingent on access to the property.  Open title - the underwriter will tell you what they need to close escrow.

Chances are, there isn't a written lease between the occupant and Son.  He can put a 24-hour notice on the door that he (and you) will come by to do an inspection.

As for taxes, the taxing authorities have to do a random selection of all delinquent accounts in the county.  Otherwise, tax suits can disproportionately select for minority and poor communities, a Constitutional violation.

  • Jerel Ehlert
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