Tuesday, June 23, 2015

Allegedly Crappy Notice At Issue Again In Another Case Where County Sold House Out From Under Unwitting Homeowner Over Unpaid R/E Taxes; Owner Suit Seeks To Void Tax Deed, Wrestle Title Away From Sheriff Sale Buyer, Avoid Boot

In Jefferson County, Texas, The Southeast Texas Record reports:
  • The trial of a civil case alleging wrongful foreclosure of a tax sale has been continued. As previously reported, Charles Kirkwood filed suit against W. Properties LLC and Jefferson County in Jefferson County District Court on Nov. 12, 2013. A bench trial was set to begin Monday, June 1 but was continued to July 6 because a jury trial was requested, according to a courthouse official.

    Kirkwood, the owner of a property located at 2356 Briarcliff Drive in Beaumont, filed a writ of review after his property was allegedly sold at a sheriff’s sale without adequate notice.

    In January 2012, the county filed suit to collect overdue property taxes but named Sara Gleason, the previous owner, as the defendant.

    Kirkwood acknowledges that his property taxes were in arrears but says he was never notified that the house would be put up for sale, since Sara Gleason was the named defendant in the lawsuit.

    Kirkwood claims that in August 2010 the property was sold without his knowledge to W. Properties LLC.

    Kirkwood says Jefferson County should have known he was the owner of the property because it was titled in his name, and they should have notified him about the lawsuit and the sale. Instead, Kirkwood claims he found out about the sale when W. Properties LLC asked him to vacate.

    Kirkwood now wants to void the sale and get his property back.

    He originally asked the court to vacate the judgment, void the Writ of Execution and grant an injunction to stop W. Properties from taking any more steps to remove Kirkwood from the property.

Links to this post:

Create a Link

<< Home