Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
It’s tempting. The papers are confusing, the property is complicated, and doing nothing feels easier than facing it. Some heirs convince themselves that if they don’t engage, the problem belongs to someone else. Unfortunately, a tax lawsuit is one of the situations where ignoring it tends to make things worse, not better.
When you’re served and you don’t respond, the case doesn’t pause to wait for you. It generally continues without your participation. That can lead to a judgment being entered, and in a property tax case, the path from an unpaid judgment runs toward foreclosure and a tax sale, where the property is sold to satisfy what’s owed. The taxes themselves also keep growing the whole time, because penalties and interest continue to accrue on the delinquent amount.
The hardest part of ignoring it is what you lose by staying silent. If the property has value beyond the back taxes, and many do, that value is at risk in a forced sale. An owner who never engaged has little say in how things unfold and may walk away with far less than the interest was actually worth, or nothing at all. The chance to make a deliberate choice, on your terms, quietly slips away while the clock runs.
Engaging doesn’t have to mean a courtroom fight. It can be as simple as understanding your options early. You can speak with an attorney about responding. You can contact the taxing authority about the balance and any payment possibilities. Or, if it’s inherited property you’d rather not hold, you can sell your share before matters reach a forced sale. Selling your portion takes you out of the lawsuit on purpose, with something to show for it, instead of being carried along to an outcome you didn’t choose.
A couple of questions we hear a lot:
If I ignore it, doesn’t the problem just fall on the other heirs? Not in a way that protects you. As long as your name is on the property, you remain a party to the case and exposed to the outcome. Stepping out deliberately is what actually removes you.
Is it too late to act once I’ve already missed something? It depends on where the case stands, which is exactly why it’s worth checking sooner rather than later. An attorney can tell you what’s still possible, and in many situations there’s still time to sell an interest before a sale occurs.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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