Around 23 years ago my mother purchased a home. After the down payment was made and some payments the seller disappeared. My mother couldn't then get title or continue paying and did not pay taxes because she had no way of getting possession of the house to her knowledge. This created many issues all interlaced. She did not want to put too much money into the house either because of questionable ownership. She seems to meet all but the 25 year period of occupancy for adverse possession and has proof of bills etc. The taxes owed are around 50, 000. Including penalties and at least half of that is penalties and of the original tax amount a good portion of it is from the last 8 years when property taxes have tripled. In addition the property taxes are highly inflated because half of those are for the value of the house which is probably worth next to nothing. She is over 65 and disabled. The seller as it turns out from what we can tell sold her the land illegally as he had the same name as his father who was actually deceased at the time of the sale and that is why he disappeared. It is rare to see a home that has not been taxed in 23 years I would think. The courts have recently got an ad luteum attorney representing the deceased with in the last year. My question is many fold but I need to know where to start. Is it worth getting the adverse possession and should this be first. If she gets it can she get it without having paid the taxes and is this the first step. If she proves adverse possession can she get the taxes adjusted or then file for an abatement that is retroactive. This seems to be a very complex occurrence and I don't know where to start this process. Because she is retired and disabled money is limited on what she can spend on attorney and I have begun renovating the house but am on hold and need to take action soon. Please help

Thanks,

david medina

I think this is too complex an issue for a site like this. You really need to consult with a local real estate attorney on it.

If I understand you, your mom as lived in this house for over 20 years and paid next to nothing. No payments to the bogus seller and not taxes. Has she been banking what she was supposed to pay?

At this point, if the sale is voided, the property reverts back to the estate of the owner. But if there are no heirs to find I don't see what good that does to anyone. The adverse possession issue may fly, but I don't know how the tax bill will affect things. So, again, you really need an attorney to help represent her.

Hello David:

Scott is right. Your mother needs a real estate attorney...

It would be my view, however, that she'll lose. IF she had shown a good faith intent to pay, like Scott suggested, by putting her payments into the bank every month, then that would stand her in very good stead.

But, she didn't do that. She wound up living rent free for the last 23 years. I'd count her lucky to have gotten away with that. Given that fact, I seriously doubt whether a court will award that behavior with the title to a house.

excon

Quote:

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Originally Posted by UNSUB2K

Around 23 years ago my mother purchased a home. After the down payment was made and some payments the seller disappeared. My mother couldn't then get title or continue paying and did not pay taxes because she had no way of getting possession of the house to her knowledge. This created many issues all interlaced. She did not want to put too much money into the house either because of questionable ownership. She seems to meet all but the 25 year period of occupancy for adverse possession and has proof of bills etc. The taxes owed are around 50, 000. including penalties and at least half of that is penalties and of the original tax amount a good portion of it is from the last 8 years when property taxes have tripled. In addition the property taxes are highly inflated because half of those are for the value of the house which is probably worth next to nothing. She is over 65 and disabled. the seller as it turns out from what we can tell sold her the land illegally as he had the same name as his father who was actually deceased at the time of the sale and that is why he disappeared. it is rare to see a home that has not been taxed in 23 years i would think. the courts have recently got an ad luteum attorney representing the deceased with in the last year. My question is many fold but I need to know where to start. is it worth getting the adverse possession and should this be first. if she gets it can she get it without having paid the taxes and is this the first step. if she proves adverse possession can she get the taxes adjusted or then file for an abatement that is retroactive. This seems to be a very complex occurrence and i don't know where to start this process. because she is retired and disabled money is limited on what she can spend on attorney and i have begun renovating the house but am on hold and need to take action soon. Please help

Thanks,

david medina

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I am a 22 home owner and david renovate your house then go to the real estate which sold it to you tell them the house is worth much more, hire a good attorney and everything will pay back.make sure you keep all the receipts and everything will work out fine
Good luck

Quote:

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Originally Posted by ANN1234

I AM A 22 HOME OWNER AND DAVID RENOVATE YOUR HOUSE THEN GO TO THE REAL ESTATE WHICH SOLD IT TO YOU TELL THEM THE HOUSE IS WORTH MUCH MORE, HIRE A GOOD ATTORNEY AND EVERYTHING WILL PAY BACK.MAKE SURE YOU KEEP ALL THE RECEIPTS AND EVERYTHING WILL WORK OUT FINE
GOOD LUCK

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The mother is not the homeowner - she doesn't have title. Scott and excon asked good, legal questions about good faith payments.

This is a very complex problem.

If he follows your advice "David" will be putting money into a house which is not his. I wouldn't plan on getting that money back.

Why do you think making the repairs and keeping the receipts will make the property his mother's?