Scottsbluff, Nebraska – Kevin Fair, a Nebraska man, has finally regained the title to his home after a years-long legal battle stemming from a $588 property tax debt, one of his attorneys announced Thursday.
Fair, who had owned his Scottsbluff home for nearly three decades, lost the title in 2018 due to an unpaid tax bill. Under Nebraska law at the time, Scotts Bluff County sold the lien on his property to a private investor. When Fair was unable to repay the tax debt along with accrued interest and fees, the title—and the equity in his home—was transferred to the investor.
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The Legal Battle: From State Court to the U.S. Supreme Court
The Nebraska Supreme Court initially ruled against Fair in 2022, upholding the investor’s claim to the property. However, in 2023, the U.S. Supreme Court ordered the Nebraska court to reconsider its decision. In a pivotal ruling this August, the Nebraska Supreme Court determined that Fair should retain the title to his home.
“This case confirms that home equity is protected by the Constitution,” said Christina Martin, senior attorney at the Pacific Legal Foundation, which represented Fair. “For Kevin, this ruling is protecting him from, in all likelihood, homelessness.”
The legal dispute has since been amicably resolved between Fair and the investor, officially ending the prolonged battle.
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A Personal Tragedy Amid the Fight for Justice
While the court victory is a significant milestone, it comes with bittersweet overtones for Fair. His wife, Terry, passed away in 2019 after battling multiple sclerosis. The couple had initially fallen behind on property taxes in 2013 when Terry’s diagnosis led Kevin to quit his job to care for her full-time.
By 2015, the county had placed a lien on their home and sold it to a private investor, who paid the taxes for three years. When the investor demanded repayment of $5,268 in taxes, interest, and fees in 2018, the Fairs were unable to comply. The county then transferred the title and equity—valued at $54,000—to the investor.
Adding to his challenges, Fair recently suffered a stroke, requiring modifications to his home for accessibility. A GoFundMe campaign launched to assist with these costs has raised nearly $10,000 as of Thursday.
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A Landmark Case for Property Rights
Fair’s lawsuit argued that while the state has the right to collect overdue taxes, it should not be allowed to seize the entire home and its equity for debts far smaller than the property’s value.
In response to the case, Nebraska updated its property tax laws in 2023 to protect homeowners from losing their equity over unpaid property taxes. This change ensures that others will not face the same ordeal as Kevin Fair.
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A Victory for Homeowners’ Rights
The resolution of Kevin Fair’s case underscores the importance of constitutional protections for homeowners. While the legal victory cannot undo the personal losses he endured, it sets a precedent safeguarding others from similar situations.
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“This outcome is a step toward justice,” Martin emphasized. “It’s a reminder that even in difficult circumstances, the Constitution provides critical protections for ordinary Americans.”
