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nasty house owners are family here in tn that have been dead for over 5yrs can i get the house? other than adverse possion?
this house is my great great aunts house I grew up there and now it looks bad my aunt had a child that is now also dead but she has 2kids one doesnt want anything to do with the house and the other is a wanted fugitive and has lived for free in the house untill a few days ago cps kept showing up no lights or water for over 1 yr
and wont get a job or try to help them self the house now looks like horders and is bad cps said they are coming back with warrant to enter the house chances are they will condemm it is there any thing i can do to save the house or some of the contents legally the house is in my dead aunts name i can pay back taxes and am willing to clean and repair property how can i do this legally without adverss possion also could i get in trouble for entering home ? thanks in advance this is in TN hamilton county is there any options
11 Answers
- 5 years ago
Yes you could get into trouble for entering. Your question is hard to read because you did not use any punctuation but I think you are saying that the house is still titled in the name of your great great aunt. If so, the house will need to go through probate as a dead person cannot sell anything.
But it sounds as if your cousins have abandoned the property in which case it will eventually be auctioned as a tax sale. Monitor the county website and you will see the notice and be able to attend and bid. Tax sales are 'as is' and cash only so be careful with this.
Best not to let emotions get in the way of making a good business decision. Consider asking your cousin if you can go in there and take a painting or a piece of furniture to remember your aunt by.
- loanmasteroneLv 75 years ago
You would need to see if your great great aunt is still listed as the owner of the property and her name is still on the title deed.
By paying the taxes on the property would not place your name on the title deed.
You would need to do a little home work.
First you would need to find out when the taxes were paid last. You are able to do this by going to the county recorder's office. You would also want to see of the property has been sold at a county tax lien sale. You indicated in your statement the taxes had not been paid in 5 years. If this is the case the property might belong to the county for lack of the taxes being paid.
If someone has paid the taxes and is the new owner of the property you would be able to find this information out at the county recorders office also. If this is the case, you would need to contact this person to see if they would want to sell their position on the tax lien.
You would want to explain that this house was your aunts former house and you would like to own it. Some tax lien investors would fall for the sob story and sell the property to you. You would also want to point out there is lots of damage to the house that would need to be repaired. In some instances you would be required to pay the investor a commission to purchase the house. You would want to know the bottom figure. You might counter this figure.
If no one has purchased the house, because the taxes have not been paid, you would need to know if the house is up for sale at a tax lien sale for the back taxes owed.
If the sale is to happen soon you might consider waiting until the tax lien sale happen. If you are the successful bidder the house would be yours.
You might want to learn if you are able to bid on the house and pay the tax lien before it actually goes to sale or bid. Some counties allow this.
This is the best method of getting the house in your name is buying it at the county tax lien sale.
The only other way is to go through probate with the property and fight your cousins for the house. Normally children of the deceased would be the first to get the property in going through probate.
You might be required to purchase the house from your relatives.
If the house is condemned by the city you are able to purchase the house from the city as long as you would have a plan to do the necessary repairs. At this time it might be required to obtain a permit ti do the repairs.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- realtor.sailorLv 75 years ago
Proper punctuation would help. First determine who the owner is by contacting your county's tax assessor. I suspect your aunt is still the owner and if so there's not much you can do. If she is deceased then her estate must be probated and you will need an attorney for that. Paying the back taxes will not give you ownership. Google "adverse possession" in your state. Paying the taxes is only part of the requirement. "Open and hostile" possession is another requirement.
- curtisports2Lv 75 years ago
You can't use adverse possession. You have no legal grounds to sue.
You need to find out, from the county, who is listed as the owner. You are making assumptions about who the owner is/was. Until you know for a fact that your aunt's estate was settled and the house then became someone else's property, you can't do anything. Once you know who owns it, you still might not be able to do anything. But you won't be able to do anything regarding taking ownership without the help of a good attorney that knows both Tennessee real estate law and Tennessee estate law.
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- acermillLv 75 years ago
Given that ownership of the house remains in the name of the deceased, you would need to purchase the property from her estate. Yes, that means that a lot of legal work will need to be performed before you can gain ownership. And yes, you can get into trouble for entering the home. It is not yours, and that means you would be trespassing. As well, you have no case for adverse possession.
- ?Lv 65 years ago
quick pay the taxes for the years they went unpaid AND ITS YOURS its the law you can do it on any property however each state and county has an amount of time yearly taxes must be paid to legally own the place from 1 year to well one place I looked at was 5 years
Doing so will give you rights and if you have any other legal hurdles the tax accesors office has your answers - you can then make it hard for anyone but you to get the property
- sunshine_melLv 75 years ago
The only way you can get the house is to buy it off the current owners (who will be the children you've identified)
You have no claim to it whatsoever otherwise.
- babyboomer1001Lv 75 years ago
You can be charged with trespassing and break and enter because you have no legal right to enter the house. Consult with a lawyer. Legal steps will have to be taken to get what you want. Good luck.
Source(s): Certified Paralegal, with 25+ years' experience. - troLv 75 years ago
you need legal advice
you need to find out the status of the property with the police, the housing authority that might condemn it
it is possible if you discuss your willingness to restore the property they might consider rather than demolish when they have little chance of recovering the costs from the legal owners
you need to get legal advice how to get the ownership in your name so you can control it
- SlickterpLv 75 years ago
You have no claim to the house. You can BUY it from them if you want it.
Paying the back taxes doesn't buy it. Yes, it would be illegal for you to enter the home, you don't own it.