Can someone force you to buy back your own tax deed?

Question

I’ve received an email of the following.

I am confused as to why he’s thinking I have to buy back my own tax deed.

also the part about him restricting common elements of a subdivision can’t possibly be accurate right?

I feel like it’s fairly common for HOAs to miss paying the taxes for their common elements.

Any clarification would be wonderful.

Thanks

Wayne Brooks · Answer

@Benjamin Hedden You don’t see any problem with some outside person Owning your hoa parking lot? They Own it….that can conceivably close it off, tear it up, etc.  I’ve heard of people intentionally buying these with the intent of forcing the association to buy it back at an extreme price.  I’ve never believed in this strategy but I certainly wouldn’t want to be on the hoa end of this….I can see many huge problems involving 10’s of thousands of dollars in attorney fees.

Denise Evans · Answer

@Benjamin Hedden, I am confused about the parties and the property. I think you are saying there was a subdivision that was platted but never developed. Is that right? Is there infrastructure--roads, sewer, etc?

At a minimum, something on the plat was described as a common area, right?  Again, I'm guessing, but no homeowners association was ever organized, no HOA dues ever collected and no taxes paid, so the common area was sold at auction and someone bought it.

That investor is entitled to possession, may file an ejectment lawsuit, and may deny access to or possession of the common area to anyone else. This incudes the entrance and interior roads, if they were never dedicated to the government.

I am not sure what you mean by "someone forcing you to buy back your own tax deed." That sounds completely different, like you bought a tax sale property, then failed to pay the taxes and it went through auction again, and no someone forces you to redeem. That particular opening statement of yours is throwing me for a complete loop.

Account Closed · Answer

It was sold at a tax foreclosure auction. Now that you’ve been notified, you have to pay the buyer what they paid plus and costs associated.

Here’s a good write up from one of the counties: https://movetobaldwincounty.co...

Harvey Levin · Answer

I Am.not seeing anything except an offer to the current owner. That is a very common practice that investors who    only nly want the interest use. I have sold back my right to redeem  the real question has the redemption period ended? If so was quiet title preformed correctly?  Usually in situations like this they seller has not spent the money on legal fees which usually cost 1500 to 3000. If there is still time to redeem there maybe time. The HOA probably liability for not paying the taxes.

Tom Gimer · Answer

$2800 to redeem a parking lot that doesn't exist? No thanks. But if this parcel actually affects my land's access or value, of course I'm going to re-evaluate.

David M. · Answer

@Denise Evans

I agree with your confusion.  I've stayed out this thread so far because of it...  Did the OP 'NOT PAY' his taxes?  Or, did OP 'BUY' a tax deed?

Benjamin Hedden · Answer

@Tom Gimer  This is exactly what my understanding was before making this post. Other responses were making me second guess what I had already researched. \

Thanks

Tom Gimer · Answer

@Benjamin Hedden If the parcel is worthless, let it go. The tax sale process is simply the means by which RE taxes get paid if the owner doesn't pay them.

Chris Seveney · Answer

@Benjamin Hedden

They don’t have to purchase it back but if it’s sold it becomes his property and he can do as he pleases or restrict the use of others.

Sergey A. Petrov · Answer

We might be getting into a more complicated discussion. A common area by its very definition is an area owned by the members of the association *in common*. If the members choose not to pay taxes and let it go into foreclosure (or sell to someone else otherwise, voluntarily), is it still a “common” area? Bet you, CC&Rs have a definition for this but likely do not address what happens if the association loses ownership of its common areas… back to get ready for some lawsuits (attorneys will bill $50k to duke out what that word “common” means) and hope everyone has insurance

Can someone force you to buy back your own tax deed?

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