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Texas Property Tax Foreclosure Laws
Amendments to Texas property tax foreclosure laws become part of
State Constitution effective as of September 1, 2006. House Bill 335
provides that no person may bid at a post judgment eviction sale or
property tax foreclosure sale without proving (by certificate from the
local tax office) that the bidder does not owe delinquent taxes within
the county. This new provision prevents anyone who owes delinquent
county taxes from bidding, and more importantly, purchasing property
within the county by virtue of county tax auctions, sales or
foreclosures.
In bankruptcy practice - Texas property tax foreclosure laws
Upon the filing of any case under the Bankruptcy Code, Section 362
provides for the creation of an automatic stay of all further collection
practices. Included within the application of Section 362, all sales,
conveyances and other dispositions of property, including court ordered
conveyances, sales, auctions, liquidations and other means of
transferring property, are prohibited. Actual notice of the automatic
stay is not required, but rather the stay is all encompassing and any
conveyance thereafter is legally unenforceable.
The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.
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