Owe Back Taxes?

We would like to do this without a lawyer. What is the process?
He’s not trying to avoid the taxes, we would like to know if he has to pay them first or if we can do it after, the house burned down and we are going to rebuild, he does not want to.

1. CSUflyer says:

   February 17, 2010 at 6:00 am

   You’re absolute best bet is to get a lawyer. By thinking that you will save money and trouble by avoiding a lawyer you are more than likely inviting lots of trouble this way. This process you’re asking about is pretty much illegal the way I interpret it but there are too many factors involved. You don’t want to get in trouble from this by participating. If the government interprets that your father-in-law did this as a way of essentially avoiding taxes, he could EASILY be sent to jail. Too much to worry about…get a lawyer!! Good luck!
2. gordon p says:

   February 17, 2010 at 6:57 am

   He would first have to pay the back taxes & bring his receipt to a land title office in the area along with documentation of ownership.They will give u the forms to fill out to make the transfer.
3. tom r says:

   February 17, 2010 at 7:40 am

   First of all do not skimp on the lawyer, all that needs to be done is for your father to execute a “Quit Claim Deed” then have it recorded in the land records of the county you live in. Get those back taxes taken care of because they are superior liens to EVERYTHING and the county can force a sale of the property for the back taxes, and if they just attach a tax lien you will never be able to finance or refinance it until they are paid in FULL
4. John says:

   February 17, 2010 at 8:07 am

   You can get a deed filled in and then notarized. Record the deed at the recorders office and you are done. No need to pay the taxes first.

   I strongly suggest you do not follow the above process. There are lots of little things that can mess up a transfer. Assuming you want to build after getting a loan or that you are sinking a fair amount of your own cash into a build a defective title is bad news. Costs to clean up the mistake, delays and other such things.

   If you father is not available to sign new documents later (death or illness) then the delay introduced by a defective title transfer can be really slow and painful.

   Call around to some lawyers or title companies (varies by state what is normally used) to see what it will cost. Note that some of the costs are from the county and happen even if you were to do the paperwork yourself. Then pick one provider that can get the job done and does not have a history os sloppy work.

   If you are going to build and you do expect to get a loan then the transfer can happen at the same time. Combining the transfer from your father and the new loan into one process will reduce the recording fees. Note the lender will require all back taxes to be paid before the loan is put in place.