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Contesting a quiet title
I purchased a property at a tax sale IN Spartanburg, S.C. unbeknownst to me the property had already been purchased at a foreclosure auction and recorded. The purchaser neglected to search the title for encumbrances/clouds and defaulted on the taxes. He blames the tax collector for not notifying him as new owner. He filed for "quiet title" and the judge ruled in his favor. Tax collector and county atty both admitted negligence. My argument is that even if he was not notified the property was advertised publicly in a local paper as going to auction for delinquent taxes. Still this guy did not pay the taxes due on the property for over a year. Did I mention that this guy is a real estate investor? I would like to fight this and re-claim the property that I believe is rightfully mine. How do I go about this and can this even be accomplished?
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Can I sue the tax collectors office for selling me a property at auction, that he neglected to inform the new owner of its tax delinquency; AND causing me to lose the property through said negligence, as I purchased it at a county tax lien sale from the county?
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Which sale was first, if he bought it at a foreclosure, and then latter it sold at a tax sale, the tax sale should hold. Yes, you can sue to have your purchased honored. I used to buy property in SC, does not the owner have the right for up to three years to redeem the property ? They did when I bought property there. So the new owner merely has to pay you the purchase price of the tax sale ( and 10 percent unless that has changed) to take over your rights to property. Most tax sales are not final, there is a periold previous owners have to get their property |
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Comment on Fr_Chuck's post
After auction and sale of the property the owner, new/or old has 12mo to pay the taxes. Contesting period is 1yrs. Collectively it w/b 2yrs The new owner petitioned to void my tax deed/quiet title due to negligence of the tax collectors office
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