A Nebraska resident, Kevin Fair, has reclaimed his home after a protracted legal struggle stemming from an initial $588 property tax debt. Initially losing the title to his house due to unpaid taxes, Fair and the private investor who acquired the lien eventually reached a settlement following a significant court ruling. The case highlights the complexities of property tax laws and their impact on homeowners facing financial hardships.
Kevin Fair and his wife had called their Scottsbluff residence home for nearly three decades when unforeseen health issues began to strain their finances. Diagnosed with multiple sclerosis in 2013, Fair's wife's medical condition led to an inability to meet property tax obligations. This failure resulted in a lien placed on their home by Scotts Bluff County. By 2015, the county sold this lien to a private investor, who subsequently paid the taxes for three years. When Fair could not repay the mounting fees and interest, the county transferred ownership and equity to the investor.
The situation escalated as the home, originally a wedding gift, faced potential loss despite its value of approximately $60,000. According to Legal Aid of Nebraska, the state's law at the time permitted counties to sell tax liens to private parties, allowing these entities to take ownership after three years. The Pacific Legal Foundation, representing Fair, criticized this practice, noting that it unfairly benefited investors at the expense of homeowners like Fair and his wife. The emotional toll was immense, especially as Fair faced the prospect of losing a home he had cherished for over two decades.
In August, a significant turning point occurred when the Nebraska Supreme Court ruled in favor of Fair, reversing an earlier decision. The court ordered the private investor to provide just compensation, leading to an amicable settlement that returned the home title to Fair. This victory was not only personal but also highlighted the broader need for legislative reform. In response, Nebraska revised its laws in 2023 to better protect homeowners facing similar challenges, preventing future instances of home equity theft.
Fair's triumph came with mixed emotions, as his wife Terry passed away in 2019, leaving him to navigate new health challenges alone. Following a stroke in November, Fair now requires modifications to his home to accommodate his mobility needs. Community support through a GoFundMe campaign has raised over $11,000 to assist with these adjustments. Christina Martin, a senior attorney at the Pacific Legal Foundation, expressed relief that Fair can remain in the home he shared with his late wife. The case underscores the constitutional protection of home equity and the importance of fair compensation in government actions.