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Updated over 8 years ago on . Most recent reply
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Deed of Trust
I am interested in a Tax Sale coming up soon, for a specific property. I know there is a Deed of Trust, and existing mortgage on the Property.
1. If I were to successfully purchase the property via the tax sale, what would I need to do to get a clean Title?
2. What are the likely scenarios? (Assuming the owner doesn't pay the back taxes)
Most Popular Reply
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In Tennessee, you get a final decree confirming sale (deed) about a month or 2 after the tax sale. The previous owner has a year to redeem (reclaim) thee property. That is all true.
What they leave out is that you then have to go though a "Quiet Title" process, and sue the previous owner to extinguish his rights. This can be as fast as 6 or 9 months, or a long and costly process. The link the @Ned Carey referred to is written by my attorney, and he will tell you the process is getting longer and tougher. I have one that has been in process since 2013, and the judge is holding it up because the county was unable to serve the summons prior to the sale. The judge says she hasn't been given an opportunity to challenge the sale because she was never notified that the property was going to sale. This is on a property that has a burned down house on it that was abandoned long ago.
I only buy tax sale properties with money I can park for a long time.