[mew1157]

Hello I have a question. I am delinquint on my 2008 Texas property taxes. I have today received a notice of a LIEN filed by the attorney firm that handles this for the county where I live. The property is a homestead and I have contacted the tax office prior to the letter (2 months ago).And set up a payment plan with them.

Of $100.00 a month. The tax office was agreeable to this and all was well for 2 months(Payments made ect).. I received this letter stateing a lien AND possible foreclosure. I spoke with the attornies today. And they stated that I have to pay them $170.oo a month to halt any legal action.

My question is do I have any legal recourse since I and the tax office have had an agreement already for 2 months? Or do I have to do (pay 170) as the Lawyers office said?
I live in Texas and the law they cited(The law firm). Was Section 32.01,Texas Property tax code(Dont know if your from Tx,But this may give you a clearer understand ing of what they are talking about. Also how can I halt legal action and not become homeless?

Thank you

[JudyKayTee]

Did you read the section? It appears to indicate that the lien automatically attaches to the property on the 1st of the year if taxes are unpaid. "(a) On January 1 of each year, a tax lien attaches to property to secure the payment of all taxes, penalties, and interest ultimately imposed for the year on the property, whether or not the taxes are imposed in the year the lien attaches. The lien exists in favor of each taxing unit having power to tax the property."

It further appears that you must keep your taxes current while paying down the arrearages. Is that the case?

Is your agreement with the tax office in writing?

When you say "the Attorneys" - are these Town/City Attorneys? A private firm?

For your info: Texas Property Tax Code 2006 Edition

[mew1157]

They are a law firm that is "Contracted" by the county. So they are a private firm(I need to double check and be sure). No my agreement was not in writing. As is not the one with the law firm. I met with tax office personal in person. The law firm I contacted by phone.

Also as far as the section law in the books is concerned does that mean a lien is placed on my property at the start of the CALENDER year? Or on the date of the payment plan agreement onwards?

My house is also under a home equity loan mortgage so the bank has first lien as far as I am aware. How does this effect this tax situation? Also Who(which office)do I need to deal with? The tax office that I owe money to? Or the law firm that says they are handeling the issue for?

I asked the person I spoke with from both the tax office and the law firm. For a written agreement. Both said it was unessicary.

Any advice or answers?

[AK lawyer]

... does that mean a lien is placed on my property at the start of the CALENDER year? Or on the date of the payment plan agreement onwards?

The statutory lien is placed on the first of the calendar year.

My house is also under a home equity loan morgage so the bank has first lien as far as I am aware. How does this effect this tax situation?

Normally tax liens are senior to mortgages. The bank would have to pay the taxes to preserve its position, should the lienor seek to foreclose.

Also Who(which office)do I need to deal with? the tax office that I owe money to? Or the law firm that says they are handeling the issue for?

Pick. Eventually, I would expect the tax office to get it's act together and tell you to deal with the law firm. I suspect that the tax office spoke with you before it was turned over to the law firm.

I asked the person I spoke with from both the tax office and the law firm. For a written agreement. Both said it was unessicary.

Don't believe them. Always get agreements in writing.

[mew1157]

Ok good info...

I will go back to the tax office/law firm on Monday to request a written agreement.

What should I take with me?(legal documents/ect) if any.

Also how is the best way to ask for a written agreement and should it be stamped with the county seal and not just signed by all parties?

[AK lawyer]

Ok good info.....

I will go back to the tax office/law firm on monday to request a written agreement.

What should I take with me?(legal documents/ect) if any.

Also how is the best way to ask for a written agreement and should it be stamped with the county seal and not just signed by all parties?

First, if the people at the tax office you spoke with earlier can remember the conversation, get documentation of it frim them, if possible. That may very well force the law office to honor the earlier agreement.

It doesn't have to be a formal "agreement" as such, just a writing setting forth clearly all the terms you agree to, and signed by everyone involved. A seal is not necessary.

[mew1157]

What should I do if they refuse to draw an agreement up? How should I ask for such an agreement?

[AK lawyer]

Write it yourself.

[Fr_Chuck]

If they refuse to give it to you in writing they were merely lying to you and there is no agreement.
If it is not in writing, it is not real.

So if they won't admit to this agreement, then you are stuck working with the attorney office