How do I put a lien on a house for the amount of back taxes that I have paid?

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How do I put a lien on a house for the amount of back taxes that I have paid?

We have a house in a peculiar position. We have possession but not a deed. We are wondering if we can place a lien for the cost of the back taxes and eventually foreclose in order to get the deed. There is no homestead thing on the house.

Asked on August 4, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have possession of a house, that is simply insufficient to do anything legally. You must have the deed in order to do anything legally, like sue for back taxes you paid. It sounds as if something happened with the title and there may be a cloud on title. You cannot foreclose because you do not appear to be the lender. If you are the lender, the deed must list you as the mortgagee in order to have sufficient rights to sue and foreclose. You need to contact a real estate attorney to see what remedies are available to you.


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