Im On The Other End How Do I Get Property Back If Its Been Sold At A Tax Sale
the problem is that the sheriff who was supposed to post never did it. he handed it to some one on the side walk in front of the property and said give this to the owner. I know the taxes should never have been this late but i did not know when or if it was goin to sale. there is a procedure for a reason. i have three witnesses to testify that he handed the papers to my nephew instead of posting. any help please :cry:
Well unfortunately, I would think ifit's been sold then it is gone and you would have to buy it back from the new owner. Sorry
In general A person can redeem property within within the redemption period after the purchaser's deed is filed for record. The old owner must pay the new owner the purchase bid for the property, plus recording fees, amount of any taxes, penalties, interest, and costs on the property, plus any percent of of interest that is allowed by state or federal law. If the property was a residence homestead or land designated agricultural use prior to sale, the old owner may redeem the property within a year or two from the date the deed was recorded in many states.
You indicated you were not notified about this issue! Let me first of all state that you were notified as a relative was served on your behalf, a public notice was placed that also indicates notification and you were aware that none payment would cause some form of action.
The fact remains you did know that you did not pay and that some form of adverse action would be taken against you.
You stated I have three witnesses to testify that he handed the papers to my nephew.
Well sounds like you were aware of the sale, my best advice would be to see if you could still exercise your right of redemption.
[addsig]
Markgee----------------------
Every state has different statutes about a the collection of delinquent property taxes and the sale of property for delinquent property taxes. And you don't even put in your state, so we have no idea where you are and what laws might apply.
Not being an attorney, it is hard for me to know if handing the notice to your nephew is proper posting or not. It might well be. Presumably, the sheriff or sheriff's deputy who handed it to him knew he was related to you.
So, if it was handed to your nephew, did your nephew give it to you? If so, you were clearly notified of the sale. The whole reason to post is to notify you of the sale.
Besides, I'm sure that there was at least one and perhaps more letters sent to you notifying you of the sale.
It sounds to me, as a non-attorney, that you were probably legally notified and you did not act to save the property.
If there is no right of redemption in your state, you likely are completely done with that property.
However, in some states, if the property was bid up at an auction, you might be able to get excess proceeds from the sale. Call up the treasurer or tax collector, or whoever instigated this sale and ask them about that.
Good Investigating**********Ron Starr*********