HEIR GOLD STANDARD
MaxPro Realty Partners,
its employees, subsidiaries, affiliates, associates and partner
companies recognize that their Single-Family and Multi-Family
divisions are involved with many individual heirs that may or may
not even know they have an interest in an heirship property. And
there are probably diverse relationships within families that have
equitable interest in property the company is considering acquiring.
The properties we typically seek to acquire are usually abandon and
a blight on the neighborhood, and possibly much more by creating
dangerous issues for the neighborsâ children, a physical and
financial burden on the Neighbors, City, County, Sheriff, Local
Police and even possibly preventing the Neighbors from being able to
sell their own properties. And many times these properties with high
weeds and broken windows are a âWelcomeâ sign for vagrants and drug
dealers and a magnet for criminal activity which in turn
deteriorates the entire neighborhood.
However, regardless of the levels of these issues, the company in
its efforts to acquire these properties and resell them, turning the
property into a usable property for society, and partly rescuing the
neighbors and neighborhoods and reducing the cost to the City,
County and its agencies as well as providing a home typically for
individuals that may never owned a home before â there is still the
need to identify and protect the heirs in this process.
The company, with its title experts and legal counsel specialize in
acquiring these types of abandoned, tax-delinquent and sometimes
mortgage defaulted properties that often have code violations by
using various laws including but not limited to
Texas Property Code Chapter 23
and
Chapter 23A (Uniform Partition of Heirs Property Act â UPHPA)
and
Right of First Refusal
therein,
Texas Civil Practice & Remedies Code 16.021 â 16.25,16.030
and other TCPR rights
But in addition to the basis in law and equity that are used to
clean up and revitalize the property and neighborhood, there needs
to be a basis for balance and protections for the heirs â and
therein, MaxPro provides the following Gold Standard for Heirs
HEIRS OF ESTATE PROPERTIES
If you are a fractional heir of a property that MaxPro has acquire
an interest in, and may have even sold the property to an existing
homeowner (partial owner & possessor of the property)⊠You do have
some rights, and some responsibilities.
You have a right to be paid for your interest in the property. You
can be paid your equitable interest in the property two ways:
-
MaxPro Payment For Your Interest
: Request to be paid by MaxPro, who had an independent Broker
Price Opinion of the property prior to any renovations being done.
And has a breakdown of all delinquent property taxes owed on the
date of acquisition and all code violations and other liens
against the property at that time.
-
A Broker Price Opinion (BPO) are done by independent Licensed
Real Estate Agents hired though a network and not related to
MaxPro and is generally accepted by Texas District Courts as a
valid basis of the value of property.
-
All liens and taxes are validated on the date they are
obtained.
-
The company therein makes an offer to the Heir based on the
value of the property at that time using the BPO and the cost
of all taxes, liens and additional cost involved by MaxPro to
obtain heirship information through obituaries, probate court
records and cost to stop tax foreclosures or tax suits and
other efforts to prevent the property from being sold under
tax foreclosure or being demolished by the City and other
various efforts to retain value in the property.
-
The offer to the heir is typically a good offer considering
the amount of effort it takes just save the property from
becoming of no value if it is sold at auction or demolished by
the City and a large lien put on the property for the
demolition.
-
And the offer is with MaxPro recognizing that âno one elseâ
would purchase your interest unless they can get âallâ heirs
to agree to sell. So the company is taking a large risk that
they will never get all heirs to sell their interest and in
fact many times some heirs are unknown or their location is
unknown.
-
Typically we have heirship charts based on Probate Records,
Tax Suit Records from Attorney Ad Litem Affidavits, Obituaries
and more. Therefore we can make you an offer with just your
proper identification and without you needing to prove your
right to an equity interest.
-
By contacting MaxPro at its help link, usually you can be
verified within a few days and payment arranged within a few
days.
-
You would need to sign a Special Warranty Deed and sign an
Heirship Affidavit and payment will be paid to you.
-
And any help you can give us in locating other heirs, we will
be happy to pay you for your assistance.
This make the process makes it quick to cash out your interest in
the property.
OrâŠ
-
File a Partition Suit in District Court
: As an Heir in an Estate that owns real property â any partial
owner has a Right to Sue for Partition.
Texas Property Code Chapter 23
and
Chapter 23A (Uniform Partition of Heirs Property Act â UPHPA)
. A partition suit is to have the District Court rule that a
property is to be put up for sale, and the proceeds are to be
split with the all partial owners. Here are the guidelines:
-
Cost for an attorney to handle a Partition Suit is typically
$2,000 - $5,000 up front and possible continued cost during
the case. This amount can be recovered from the sale before
the balance of the sale amount is distributed to all parties.
- Most suits will take between 9 months to 3 years
-
The court under Case Law typically will recognize there is a
willing âbuyerâ of the other interest, being the individual in
the property that is also a partial owner. And that this
person renovated the property and either paid or is paying on
the taxes, therefore the Court will typically rule under
Chapter 23A (Uniform Partition of Heirs Property Act â
UPHPA)
to give the partial owner in the property a
âRight of First Refusalâ
to purchase the property. And to do this will use the BPO we
have secured and use all the documents we have provided on
Delinquent property taxes, code violations and liens, to
determine a price for that partial owner that is living in the
property and therein how much to pay to each heir.
-
Which is what MaxPro is basically offering to pay you without
you paying an attorney to sue for. And the cost of the
attorney would reduce the amount each person is receiving. But
it is still your right to do so. MaxPro just seeks to make it
easier and less costly to do so in its offer.
HEIRS
: If you are an heir on a property that MaxPro has acquired a
partial interest and may have already sold their partial interest to
a âhomeownerâ. The âhomeownerâ is a partial owner but has possession
of the property. It is a violation of law to harass that individual
for possessing a property they have a partial interest in. You can
either contact MaxPro about being paid for your interest in the
property, or you can file a Partition Suit in District Court, which
as stated above is how they would again, still ensure you are paid
for your interest in the property
To Contact MaxPro please click the link:
MaxPro Contact for Heirs