What are my chances of getting my house back once it has been sold at a tax deed auction and the deed has been issued to the new owner?
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What are my chances of getting my house back once it has been sold at a tax deed auction and the deed has been issued to the new owner?
Asked on July 7, 2015 under Real Estate Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Zero, unfortunately: once it has been sold to a new owner for good consideration, which owner purchased it in the reasonable belief it was available for sale, then unless you can show that the home was seized or foreclosed upon illegally in the first place, the home belongs to the new owner: you can't undo the sale. And most courts would not let you challenge the propriety of the sale at this late date, after the home was foreclosed upon and sold, when you should have challenged the foreclosure much earlier, when you first had notice of it. To be allowed to challenge its seizure at this time and have any hope of prevailaing, you'd have to show that compelling new evidence just came to light showing blatant illegality or impropriety, such as a town tax official admitting that he lied about whether you owed taxes, or the tax official being convicted of embezzling tax receipts and not recording them, which is the only reason you were delinquent on taxes. In the absence of something that dramatic, you are not going to get the home back at this time.
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