Can I sell a property acquired in a state tax sale to the previous owner or a family member of the owner?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sell a property acquired in a state tax sale to the previous owner or a family member of the owner?
I purchased the property a county tax sale. The redemption period has just expired and I was contacted by the brother of the property owner asking to purchase the property from me. A title search shows the property was willed to the current owner, then shows over $70,000 in mortgage fees and a mechanic’s lien. My concern upon speaking with the interested party is that this is something planned by them to get out of the lien(s) and by selling to them i would be committing fraud.
Asked on October 28, 2011 under Real Estate Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you purchased property at a tax sale, under state law of all states in this country, all liens, mortgages, and trust deeds were wiped out as a matter of law as the result of your purchase that were recorded on the property.
If the redemption period has expired, you do not have to worry about losing the property to the prior owner.
If you want to sell the property back to the prior owner, there would be nothing wrong if you do so. I just suggest that you retain a real estate attorney to assist you in such a sale.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.