[palmtreelover]

Situation:

Titled owner (former boy friend) has not paid property taxes. Girlfriend has note securing property from B/F (unrecorded). B/F gets arrested. G/F has domestic injuction against b/f. g/f is given, by court order, full use and possession of property /residence. Judge states, while issuing injuction against b/f, that he willing to order title changed. b/f states she can have house, and also states that "last years taxes are due." (b/f it turns out, is wanted in another state and is being held for extradition) Attorney does not have quit claim deed prepared and advises Judge she will refer g/f to another attorney. Judge again grants g/f full use and possession of residence. g/f sends letter to tax authority advising them of the change of ownership, as she awaits new attorney help.

It should be noted that the g/f is advised by the sheriffs department that they cannot guarantee her safety due to the ex b/f' known associates. G/f stays in nearby community, but returns to the residence several times during the week.

Unknown to g/f a tax sale is held. No notice of tax sale was ever delivered to the residence. No notice posted on residence either. B/f had tax mailings sent to another location. Tax sale is held. No notice is given to g/f . While the g/f is out of town the buyer removes the possesions of the g/f.


What rights does the g/f have? She was given full use and possession of the property by the court. She was in the process of executing a title claim to the property, when without her knowledge the tax sale was held. The buyer posted no notice or attempted to notify the g/f. In the residence was her entire life.. billing invoice, computer, personal belongs... EVERYTHING. In fact her cell phone bill was on the kitchen counter. NO attempt was made by the buyer to contact her.

In fact, buyer used g/f water and power until she had them turned off!

What is her legal status? She is certainly not a squatter as she is domiciled there. No landlord tenancy exited since she knew nothing of a tax sale.

All of her possesions are gone. EVERYTHING!! G/f considering taken an action against the buyer for wrongful eviction. Is this possible? What are the options?

[Fr_Chuck]

She was given full use and possession of the ownership of the boyfriend. Period,

1. she should have, could have but did not do or get a quick claim deed done.
So no until that is done, she does not own the property.

2. tax sale, very few states gives possession the day of the sale, and most allow for a redemption period afterwards, so she needs to find out the rules for the tax sale and see if there is any option.

In a tax sale, they don't have to put a notice on the door, they don't have to send anyone other than the deeded owner at the tax recorders address a notice, beyond that they put a notice in the newspaper.

As for as illegal eviction, if she was not living there, how do you know it was an illegal eviction, they could have done many things,

I often buy tax properties, that have all sort of things "left" how long was she away form the property

[palmtreelover]

She was living there. She would go every 2-4 days to get clothes, check mail, run water, normal stuff ( although she had obtained a P.O. Box). I was with her when she drove to the residence, and two men were inside, painting! All of her belongings were gone. She was gone for a week, as she had to go to a certification class. Inside the home was the speakers and stuff for the home theater. The worker told her the buyer said he could have it, for his "work". The sheriff refused to let her take it. Back to court she went.. Get this... the judge reaffirms the use and possession order! She told the judge I have nothing left... so he wants her to file an wrongful eviction claim... but she said she wasn't a tenant... he said.. I don't know what your going to do! Its because of his stupid ruling that this happened. If he had order in court the transfer of the property... rather than waiting for the attorney to produce a quit claim deed... NONE OF THIS WOUL HAVR HAPPENED!

This is a nightmare for her. Nearly suicidal. Everything the poor worman owned is gone. They even took her sons car!

The buyers claim is that he (from sheriffs report) "he talked to the judge and everything on the property was his now" We have learned that he did not speak to a judge at all. I believe that's a perjured statement to a law enforcement officer.

[ScottGem]

First, perjury exists only when sworn testimony is given in a court or deposition. Lying to a law enforcement officer is not perjury.

Second, this is really a difficult thing. The judge that gave her full possession of the property was probably not empowered to issue a quit claim deed. But his order should have been enough for her to get the title changed. So its really not the judge's fault.

Its very unfortunate, but she fell between the cracks here. She should have contacted the office of the tax receiver immediately and checked on the property's status. Especially since the b/fr told her he was in arrears.

She really needs to consult an attorney here. A couple of possiibilties here. First there is the reasonable man doctrine. If the state and nature of the belongings were such that a reasonable man would not believe they were just abandoned, might give her a cause of action. Maybe she can get the orignal judge to overturn the tax sale.

But she really needs a local attorney to advise what is possible.