HOUSTON — In a KHOU 11 News exclusive story in October, we first reported on the ongoing investigation of a man claiming to take possession of a home after paying the property's late taxes. The person admitted via text message to KHOU 11's Amanda Henderson they changed the locks on the gates and doors of the home.
According to Harris County records, the person's name is not on the deed of the home. The home's owners and deed holders are deceased according to the couple's children who live in the home with a roommate.
Many people reacted to the story by saying there were social media videos claiming that paying delinquent property taxes is enough to become the owner of a new property.
THE QUESTION
Is paying delinquent property taxes for a piece of real estate enough to establish ownership under Texas Law?
THE SOURCES
THE ANSWER
No, someone cannot assume ownership of a piece of real estate by paying delinquent property taxes in Texas.
WHAT WE FOUND
Every state has different rules on how properties with delinquent property taxes can be acquired. Private sales and auctions are the more common ways buyers can take legal ownership of properties that have been flagged by the local taxing authority as behind in tax payments. Despite what some social media videos claim, Attorney Matthew Bourque says some of the videos oversimplify the process so much, the information becomes incorrect.
In Texas, homeowners are given notices by the taxing authority for the amount that is due for property taxes. In most cases according to the Texas Comptroller property taxes are due by January 31st, if the taxes remain unpaid by February 1st the payment is considered late. According to Texas law, additional penalties and collection costs will continue to increase throughout the year. Should the owner continue to fail to pay the property taxes, a judge could use the tax lien to foreclose on the property, sending it to public auction.
According to the Texas Tax Code, on January 1st of every year, a tax lien attaches to all taxable property. In Texas, the courts have the power to foreclose and auction a property, by using the tax lien. According to Attorney Matthew Bourque, the time it takes for delinquent properties to get foreclosure notices can be complex, however, "The homeowner is going to get plenty of notice, especially if they're living at the property," says Bourque.
The KHOU 11 Verify Team checked the Harris County records that show many of the properties up for tax sale, are several years behind payments. If someone pays their property taxes and the accrued fees before the home goes to public auction, the taxing authority is satisfied and the property can be pulled from the auction listing.
If someone else pays the late property taxes, according to attorney Matthew Bourque, it does not equate to owning the property. According to a blog post by Bourque, "No, someone cannot assume ownership or any legal claim to your property simply by paying the property taxes. Even if a property owner fails to pay their taxes, they are still the owner of the property as long as they have a clear title."