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Texas Supreme Court weighs whether lease and later events defeated notice challenge to tax-foreclosure deed

2342622 · February 18, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

In oral argument in Thompson v. Landry, attorneys disputed whether a lease signed after a tax foreclosure put the property owner on actual or constructive notice and whether equity doctrines or statutory protections bar a collateral attack on the sheriff—s deed.

The Supreme Court of Texas heard arguments in Thompson v. Landry about whether a property owner had adequate notice of a tax-foreclosure proceeding and whether later acts — including a lease and eviction — preclude a collateral attack on the resulting sheriff's deed.

The dispute centers on when May Landry learned she no longer owned the property and which legal remedies she could have pursued. "The lease does put a put, from my perspective, it puts actual notice on them about the the existence of the default judgment," said Mister Hootman, counsel for the petitioners, arguing that the lease and other facts triggered limitations periods under the tax code and defeated a later due-process challenge.

Why it matters: If the court accepts the petitioners' view, purchasers at tax sales will have stronger protections against late challenges; if it accepts the respondents' view, property owners who were not personally served may preserve equitable or collateral remedies. "The fundamental issue in this appeal is whether May Landry, and I'm gonna paren Mitchell, because this tracks the Mitchell case almost exactly," said Miss Elizalde, counsel for the respondent, invoking…

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