Tax Foreclosure Judgements

1 Reply

Hi, I have a property under contract with the seller. I am wholesaling it to another investor. The title search came up clean but has a small mortgage that will be satisfied by the seller at closing. While securing the property with a few boards a contractor shows up to do some electrical work. After a few minutes of probing we find out who sent him. We speak to the gentleman who tells us that he brought the tax lien on the property in 2015 and then foreclosured on that unpaid debt back in August of last year. He emailed us the judgement claiming what he told us. Here is the deal, no judgement was found on this property during the search. The title has not been transferred into this investors company name and it’s been over a year. According to the city, they deed is still in the original owners name claiming that he is still the owner of the property. Our buyer sent the judgement to his attorney and the attorney advised him that he can move forward with the purchase because the judgement has not be filed with the city nor has title been transferred. Any idea how to proceed?

Seems odd....even if the tax lien buyer never recorded his deed after foreclosure, I’d think the initial tax lien he bought would show up.  I’d also think the tax lien foreclosure judgment would have been automatically recorded in the foreclosure process. Also, did you verify the legal description is the same.....I’ve seen auction buyers who thought they bought one property, but it was actually a different one.  But, as long as the buyer gets title insurance, with no exceptions for this, he should be good to go.

If what the tax lien buyer says is true though, he probably realizes now he needs to record his deed and may likely do so before closing.

Where is this property located?