Athens Review, Athens, Texas

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July 15, 2008

City votes to not waive liens in dispute

By Lauren Ricks STAFF WRITER

Leonard Wilder and officials with the City of Athens do not see eye to eye on who should pay four nuisance liens on property he purchased and is hoping to sell.

City officials on Monday, at their regular council meeting, let Wilder know exactly where they stand when they voted to not waive liens against property he purchased several years ago.

Wilder purchased the property at a sheriff’s auction in February 2000, even though there were liens on the property.

The property Wilder bought on 1303 West Corsicana Street had several liens assessed for weed nuisance violations. The four liens total $2,987.35.

Wilder had requested the City Council either forgive or release the liens. He is selling the property to Red Dot.

Wilder said the liens should have been paid using money from the excess proceeds from the purchase. Wilder paid about $20,000 more than was owed the tax office.

Henderson County Tax Assessor/Collector Milburn Chaney said excess money goes to the district clerk’s account.

In making his request, Wilder referred to the Texas Property Tax Code which states: “a person, including a taxing unit, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. A copy of the petition shall be served ... on all parties to the underlying action not later than the 20 day before the date set for a hearing on the petition.”

It states at the hearing the court shall order the proceeds to be paid according to the following priorities to each party that establishes claim to the proceeds: including “any lienholder, consensual or otherwise, for the amount due under the lien, in accordance with the priorities established by applicable law.”

Public Health and Safety Coordinator Sheila Garrett said she is not aware of the fund. She said Wilder first mentioned it about two weeks ago.

Wilder said he spoke to Garrett after he received his deed in April 2000.

“I told Ms. (Garrett) during that conversation that I had paid a great deal more than the taxes and all costs to acquire the property,” he said. “I indicated to Ms. (Garrett) there was plenty of money available to pay the liens from the excess amount I paid for the property.”

“I wasn’t aware there was any extra money and that it went anywhere,” Garrett said.

City Administrator Pam Burton said it is not Garrett’s job to know the law. She said the city does not have a written policy.

“It is not a fund to pay nuisance liens,” Burton said. “The funds have already been dispersed.”

The Texas Property Tax Code states if no one claims the excess proceeds within two years, it is distributed to each taxing unit participating in the sale in an amount equal to the proportion its taxes, penalties, and interests bear to the total amount due.

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