Tax Lien Foreclosure
Noticing
Quiet Title Action
 

 
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Every state has different requirements to complete the lien investment cycle and realize maximum investment return. Our firm has invested substantial research and energy into developing innovative litigation approaches to every aspect of the challenges encompassed in tax lien litigation. As a primer for potential clients, we have provided a brief outline of the tax lien litigation process in the states we currently provide legal representation.


Tax Lien Foreclosure
In many jurisdictions, a lien buyer is required to file an action with the local court to convert a lien certificate into a deed. While the responsibility of the plaintiff is dependent on the specifics of the case, the initial responsibility is to properly determine, join, and notify any party with a potential interest in the property so that all of their rights and potential claims will be completely extinguished by the final court decree. As all real estate investors are aware, the most marketable title is one that is fee simple with no liens or encumbrances. A properly handled tax lien foreclosure action will result in marketable, fee simple title upon final decree from the court.

Our firm is well versed in the challenges of assuring that our clients obtain clear and marketable title. We have built an extensive network of industry contacts to ensure timely identification and notification of potential claimants. We are prepared to handle the challenges of notification and execution of all aspects of foreclosure proceedings.


Noticing
In some jurisdictions a lien buyer is required to locate and notify all potential parties that ownership of a property is going to be transferred by a tax deed and also is required to issue a certain form of "Notice." The burden is often on the tax lien certificate holder. In some states, this notice must occur prior to any deed application or foreclosure filing. The work of determining parties and notifying claimants must be effectuated properly in order to protect a tax lien holder’s investment. Should the lien buyer fail to follow the precise procedure, timeline, and standards for such "Notice" as mandated by statute, their certificate may become void and their entire investment forfeited. 


Quiet Title Action
In some jurisdictions the tax lien certificate conversion to the deed is done internally by the county. However, the deed issued by the county is often not a marketable deed and a quiet title action is necessary to establish marketable title. Without marketable title, it is difficult for tax lien buyers to realize full investment return and protect their initial investment. A quiet title action is similar to a tax lien foreclosure action in that it requires the tax deed holder to identify, join, and notify all parties who could have a potential claim to the property. However, understanding the legal nuances of a quiet title action is essential to ensure that the Deed representing title is marketable. 





  

 

 

 

 

 

 

 

 

 

 
 

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