Untitled Texas Attorney General Opinion

TEEEATTO~ZNXCY GENERAL OF TEXAS Gerald C. Mann Honorable George H. Sheppard opinion NO. O-2859 Comptroller of Public Accounts Austin, Texas Re: Transfer of delinquent tax liens and whether homestead may be fore- closed upon for the pag- ment of delinquent taxes Dear Sir: thereon. In your letter of October 26, 1940, you request our opinion in substance (1) whether a person may at the request of the owner of a piece of property pay taxes de- linquent thereon and receive a valid transfer of the tax lien and (2) whether a homestead may be foreclosed upon legally for the sale of taxes due thereon. Relating to our first question we enclose a copy of our opinion No. O-25 30 concerning the status of a trans-~ feree of the tax lien under Article 7345a, Vernon's Civil Statutes. As pointed out in that opinion said Article 7345a is largely declaratory of the rights of subrogation -isting prior to the passage thereof. Since in that-opinion we went rather fully into the question of the rights acquired by the transferee of a tax lien we deem no further discussion neces- sary under your first question other than to say that in our opinFon said Article 7345a la valid and by complying with its provisions a person may at the request of a land owner pay taxes delinquent on land owned by the latter and obtain a valid transfer of the tax lien from whatever taxing authority may be due the taxes. Your letter is accompanied by a form which your office has promulgated for use in transferring tax liens. We have examined that form and find that it complies fully with the requirements of Article 7345a and its use therefore bears our approval. It has been well established by the decisions of our courts that the homestead is liable and may be foreclosed upon not only for the taxes which are assessed upon it but also for the penalties which the law prescribes in case of failure to make payment of such taxes. City of SangAntonio v.Toepperwein 133 s.w.416, by the Supreme Court; Tate v. McGraw, 73 S.W. (2) 559; Stephens v. City of El Paso, 81 S.W. (2) 149. Accordingly we answer your second question in the affirmative. GRL:rw:hp Yours very truly, Approved Encl. APPROVEDNOV 1, 1940 ATT~~lZEi~LKIFAS ~~~:~~ee /a/ Gerald C. 3iaun By Glenn R. Lewis, Assistant by BWB ATTORNEY GENERAL OF TEXAS Chairman