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GENESIS TAX LOAN SERVICES, INC. v. KOTHMANN

No. 09-0828.

339 S.W.3d 104 (2011)

GENESIS TAX LOAN SERVICES, INC., and M. Suzanne Frossard, Trustee, Petitioners, v. Kody and Janet KOTHMANN and Kody Kothmann, Trustee, Respondents.

Supreme Court of Texas.

Decided May 13, 2011.

Attorney(s) appearing for the Case

Leslie S. Johnson , G. Roland Love , Winstead PC, Dallas, Madeleine Suzanne Frossard , M. Suzanne Froussard, P.C., Fort Worth, Kelly H. Winship , Winstead PC, Dallas, for Genesis Tax Loan Services, Inc.

John Jackson `Jack' McClendon , Montgomery Benton McClendon , McClendon Law Firm, Lubbock, for Kody Kothmann.

Brian Pitman , President, Texas Land Title Association, Austin, for Amicus Curiae pro se.

Aaron Daniel Day , Texas Land Title Association, Austin, for Amicus Curiae Texas Land Title Association.

Justice HECHT delivered the opinion of the Court.

Section 32.06 of the Texas Tax Code provides that a tax lien on real property, which takes priority over many other liens, may be transferred, under specified conditions, to a person who pays the taxes with the owner's permission.1 The principal issue before us is whether those conditions were met in this case. The court of appeals held that...

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