Seven years ago, an East Texas county attempted to foreclose on a home over unpaid property taxes. This property was given to Elena by her husband before he passed away. Elena’s home was eligible for property tax exemptions, but due to a mistake, taxes accumulated throughout the years and were not paid.
The other defendants in the case were relatives of Elena’s husband. Since they did not get along very well, they did not inform Elena of the foreclosure lawsuit. Also, the county still had it on record that Elena’s husband was the owner.
Elena contacted Lone Star Legal Aid for help. When Staff Attorney Ron Rodgers accepted her case, he found out quickly that Elena did not know that her property had been sold at an auction. He carefully researched and found the deed that Elena and her husband received when they first purchased their home in 2001. He then reached out to the attorney who prosecuted the foreclosure and notified him that there was an error.
According to Rodgers, “The attorney ad litem appointed by the tax judge was responsible for making sure all interested parties were joined to the case.” It was possible that they took action to figure out who was living at this home, but Rogers asserts that “these steps clearly were not sufficient.” The case notes did not show that the attorney who prosecuted the foreclosure had even visited the home. If he had done so, he would have seen that the house still had a resident living there.
The company that purchased Elena’s home in the auction did not want to fight for the property and walked away. Elena was given her home back in a smooth transaction. This is a rare case. Rodgers says, “Had the purchaser been a family that was looking to move in, it may have been more challenging to get an agreement early on.”
*Names have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
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