Early last yr I received a delinqent tax notice from the local apraisal district.
I was quite shocked as I have always pd them in person and have documents showing so.
They claim I had place a mobile home on the property in 1999 and they are going back four yrs charging me taxes, penalties, interest and attny fees.
They claim the appraiser had "witnessed" the trailer on my property.
I ask, If they took note of a VIN number and they offered it. My research found it is owned by another individual with the same name as myself. Also, it is NOT even in the same county as my property.
They refuse to remove it from the tax role until they come on my property and examine whats there. And now threatning to sell my property.

At this point I have most likely piss a few off at the tax office. I am wondering what they are going to assess my barn and small cabin at?
The Texas tax law allows one to protest before a "Appraisal Review Board". What worries me is the ARB is appointed by the tax office.
Anyone in the NTX area know of a good lawyer? This is eating at me for months now.
Seems like tax fraud to me. Advice?

I'm sure some reporter would love to get wind of this story. This is old advice, but when in doubt, consult a lawyer.

Good luck.

__________________
You don't need a weatherman to know which way the wind blows - Robert A. Zimmerman

Nobody "OWNS" property. Protect yourself - pay the tax and then fight to get it back or you may loose your place.

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"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."
Marcus Aurelius

Let's look at your story piece by piece:

My comments start and end with **.

Early last yr I received a delinqent tax notice from the local apraisal district.
I was quite shocked as I have always pd them in person and have documents showing so.
They claim I had place a mobile home on the property in 1999 and they are going back four yrs charging me taxes, penalties, interest and attny fees.
They claim the appraiser had "witnessed" the trailer on my property.

** Ok, so you had vacant land, correct? And you paid the PT (Property Tax) on this land as vacant land? Is that correct? You have proof that you paid as said. Correct? Ok, so far so good. Now, along comes the public official, and he/she says you had an "improvement" on the land. Correct so far? Well, first of all, did you? If you did, then pay and stop crying. If not... well, let's keep reading. The appraiser "witnessed" it on the land. Does he have photos? Without photos one would and should argue that since the appraiser (assessor is more likely who you're dealing with, appraisers place values... but that doesn't matter.) looks at parcels and improvements all day, he could be mistaken. Perhaps the tailer he is thinking of is on another piece of land? Next. Do you even own a trailer? Did you *ever* own a trailer? Can that be proven? Did you "let" a person "park" their trailer on your land? Can another person prove that you let them park it there? Next, in your county is a trailer even considered an improvement? Was it utilizing any county resources? May not matter, since a trailer houses inhabitants, and inhabitants, by nature, utilize resources (roads, schools, police, etc.) -- so you may not want to go down that road. It is only a thought. Anyway, lots of questions for you to answer there. I'll keep reading **

I ask, If they took note of a VIN number and they offered it. My research found it is owned by another individual with the same name as myself. Also, it is NOT even in the same county as my property.

** Send them a certified letter saying so. Then take pictures of your land showing there is no trailer there and sign a notarized statement stating that there never was a trailer there. If you can get others (neighbors, etc.) to swear to the same (notorized) that would help too. **

They refuse to remove it from the tax role until they come on my property and examine whats there.

** Yeah so? Let them come on your property, if it isn't there, then that's a done deal. Why would you care if they want to walk around on vacant land and have a look -- if you hiding something else, well, then, you're going to have to pay and shut your mouth... sucks, but that's the way it goes. **

And now threatning to sell my property.

** There sounds to me like there is more to this than meets the eye. This can be resolved with some very simple work... either the trailer was there or it wasnt there. If the trailer is in the wroung county, go and take a picture of the trailer, and vin, etc. where it sits now and see if you can get the owner to say how long it has been there, etc. Or maybe his/her neighbors can say... **


At this point I have most likely piss a few off at the tax office. I am wondering what they are going to assess my barn and small cabin at?

** AH! NOW we're getting to it!!! There is a barn and cabin on the land too... Hmmmm... if you have a barn and cabin, why would need a trailer? That's one angle you can play. Still, I say there is more to this that you're not saying. **

The Texas tax law allows one to protest before a "Appraisal Review Board". What worries me is the ARB is appointed by the tax office.
Anyone in the NTX area know of a good lawyer? This is eating at me for months now.
Seems like tax fraud to me. Advice?

** I would go and talk, in person with the assessor and try to explain the situation. Be honest, and NOT a BULL -- be polite and tell your story. Come with as much REAL proof as you can. Fill me in on the rest of the story if you want to... Good Luck, Pete **

Don't fret the scare tactic.

When folks decide not to pay something when financial issues come up, it's usually the tax man that gets the shaft (ironic isn't it?). Anyway, they want to make sure they got your attention...and they did!

You can rectify this issue easily through the Tax Assessors office. It may/may not require a hearing, but you will have to bring some proof of land ownership, several pieces of ID, tax payments from the previous years (IRS forms should show this if you don't have receipts), etc.

I've gone through the hearing process to contest an unfair tax hike one year, and even with my lack of knowledge of property valuation and such, I came armed with enough documentation to thwart the issue. Fairly straightforward process as you only have to defend your own turf...they have their hands full trying to keep info straight on many others (so they screw up alot)...you're already ahead.

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2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car

I have been to the tax assesers office and the appraisers office many times dealing with this.
The trailer in question is easily researched on the texas manufactured housing web site. The tax office knows it does not belong to me. Never has. Yet they refuse to remove the back taxes they say I owe. I am not tryint to get out of paying my fair share on the improvements that are there. However, I would like to resolve the issue of the trailer.
Also, I noticed they currently have my land value set 25% higher(per acre) than the average land in a 3 mile radius.

I have been lied to several times by this office. So, there is little if any trust.
I am sure this will be resolved eventually. It is however very costly and time consuming for me.

BTW, One time down there trying to sort this out I went thru the whole speach about this not being my trailer... Lady at the tax office reply was..."Is it a doublewide?" I restated, I do NOT have any trailers only a small cabin. Her reply " Did you build the cabin around the trailer?"

Now, you guys might get a better picture of who I am dealing with here.

Okay...the patients are running the asylum.

In that case, get a lawyer on your behalf...they tend to give more credence to your situation in that fashion...

__________________
2009 ML350 (106K) - Family vehicle
2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car

The number one rule in the real estate business is DON'T PISS OFF THE TAX MAN!!! Well thats true anywhere I guess.

Why can't you just tell them that it is a mistake and bring proper paper work to prove that. You found out who the owner of the trailer is so you should be able to get contact info. This sounds like a screw up, invite them onto your property to inspect it ect.

If this goes to court I would consult a lawyer. I would be surprised in your case but the gov does auction off properties for not paying tax, all the time actually.

If they were to go this route you could end up with nothing. First the gov gets their money, then the lenders, and whats left is yours.

Remember the term real estate and royal estate are one in the same. You do not own your land all you buy is the right to inhabit it.

__________________
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1969 280SE
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2007 Tiara 3200

Well... sounds like a real treat of a county. Have you sent them certified letters explaining EVERYTHING? If not, do so. Make sure you explain EVERYTHING, every picture, ALL proof, etc. The letters MUST be certified (I would add return rec. too.) If you've done this, the next best thing you can do is get a lawyer and sue to resolve the issue, make DAM sure that you have an IRON clad case that they are ignoring your certified letters, then you should get your attorny fees back too.

On the 25% land valuation. If all things are constant. Meaning you and your neighbor both have exactly the same land with the same attributes, land should be equal. There is no "gray" area with land. Unless one piece of land has more road frontage, or some other attribute that makes it more valuable (corner lot, etc.) -- if you have two identical lots, the assessment must be equal, regardless of improvements, etc. That is the case in just about every state I have read about. Improvement interpretation is how they mess with you.

Good Luck,

Pete

Oh! I forgot to mention, that when you send the certified letters make VERY sure you send them to both the municipalitity (if applicable) AND AND AND the county. This is *very* important. You want to make the paper trail as wide as you can.

Especially in your case because it seems that the office you are dealing with seem to be breaking your balls.

Are you delinquent with the taxes on the improvements?