I recently found a house in which the city took possession because the property owners died and had no heirs. The city states they want to auction it off for back taxes because others have inquired about it. I want to know if I can legally pay the taxes before the auction and take possession of the property?

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Originally Posted by Cece906

I recently found a house in which the city took possession because the property owners died and had no heirs. The city states they want to auction it off for back taxes because others have inquired about it. I want to know if I can legally pay the taxes before the auction and take possession of the property?

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No... it has to go to auction and then go to the high bidder...

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Originally Posted by smoothy

No.....it has to go to auction and then go to the high bidder....

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I asked the City Attorney if they are "required" to auction it off- he said no. So why does it have to go to auction?

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Originally Posted by Cece906

I asked the City Attorney if they are "required" to auction it off- he said no. So why does it have to go to auction?

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Because they City is legally required to do what's in its best interest and the best interest of the community as a whole... not giving one person a special sweet deal... Trust me if my Town practically GAVE a house away to someone rather than auction it off... there would be a lot of lawsuits as that smacks of preferential treatment to the detriment of the taxpayers.

Now if you happen to be talking about Detroit... they can't even GIVE them away.

What city might this be and in what state... we could check on specific legal requirements.

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Originally Posted by Cece906

... the city took possession because the property owners died and had no heirs. ...

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No, the city probably didn't "take possession", it is taking steps to sell it. But the reason is not that there are no heirs. Maybe so; you don't know. The reason is that, for whatever reason, the taxes haven't been paid.

If there were no heirs, the state could obtain title through "eacheat" laws. But what has probably happened is that any heirs who are out there have not bothered to file a probate petition. Find them, and you might have a back-door way of obtaining title.

(escheat)

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Originally Posted by Cece906

I asked the City Attorney if they are "required" to auction it off- he said no. So why does it have to go to auction?

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This does not sound right. Ask the City Attorney (ANY question on law needs to include your general locale as laws vary by area.) to cite what laws would allow them to just sell a seized property?

Most governments have such laws to prevent corruption. Speculators or developers would then bribe officials to get sweetheart deals.

Also why would the city forego the profit they can make at an auction to give you a deal?

This is the issue, the city did not "take possession" of it because the owner died. They took possession of it because of unpaid taxes.

If you paid the taxes due, it does not make the properly yours, it still belongs to the estate of the previous owner, and there is a heir somewhere, it may be a 4th cousin no one knows of, but there is one somewhere. So if you paid the taxes and moved in, it would not be yours at that point and someone could take it back from you for nothing.

The city could have course keep it and take ownership of it , if they had a reason to need it.

You will also want to check, there may be county taxes and other levies against the property.

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Originally Posted by joypulv

(escheat)

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Thanks. A typo. I assure you.