Title companies don't like Collector's Deeds in MO

Title companies don't like Collector's Deeds in MO

Rental Property Investor · Douglas County, MO · Member since 2014 · 1k+ posts · 1k+ votes

We are considering buying a parcel next door to one of our rentals and have run into an issue. The title company that we use will not issue title insurance on any RE that has been through a tax sale in the last 10  years. Neither will the other title company in town.

Here is the timeline on this parcel. 
2013 - Collector's Deed issued to the city due to a lien placed on it for the expense of demolition of condemned house
2016 - Declared excess property by city
2017 - Sold at auction to an acquaintance of ours who intended to build on it
9/2018 - Owner changes his mind about building and agrees to sell it to us for $5,000

Now, $5,000 is no big risk to worry about someone clouding the title by claiming that proper procedures weren't followed and trying to redeem it, BUT we plan to put about $120,000 into building a duplex on it. 

It is my understanding that in MO an interested party (lienholder, owner, or heirs) has one year to redeem and once the Collector's Deed is issued, they're out of luck, but if so, why won't the title company issue a policy for 10 years? I don't know if they are overly cautious, or if there is something I'm missing. I have an email out to my lawyer about this, but thought I'd just throw it out here on BP to see if there's any discussion.

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  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    8y

    Try another title company.   Different rules at different title companies.

  • Rental Property Investor · Douglas County, MO · Member since 2014 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Bruce Lynn:

    Try another title company.   Different rules at different title companies.

    There  are 2 title companies in the county. Both have the same policy.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    8y

    @Sylvia B. one option is try another city for title companies.  

    Are you confident that no one is coming back to reclaim an interest? What does your state law say bout the finality of tax sales? Title companies are very conservative. They are not just concerned about whether you would win if someone came back to challenge the title, They are concerned that it will cost them to defend the title even though they know they will win. 

    How are you going to pay for the duplex? If it is with your own cash you may not need title insurance. If you need to finance the construction the lender will insist on it. 

  • Real Estate Broker · Chicago, IL · Member since 2018 · 54 posts · 13 votes
    8y

    @Sylvia B. I believe in MO there is 1 yr redemption period but there are 4 yrs that an interested party can challenge the legal process, meaning that they can not challenge the title itself but they can challenge the County for the foreclosing procedure (example, missing a proper notice etc.)

  • Member since 2018 · 1 post · 0 votes
    7y

    There are some title companies that will insure tax sale properties, you just have to find them.  Check in an area of Missouri where there are a lot of tax sales. Usually an Alliant agent can do these transactions using a third party company called Title Bridge. Title Bridge "certifies" to the underwriter that the collector's deed was properly issued. With that certificate, Alliant agents can issue title insurance. Your other alternative would be to hire an attorney to file a quiet title lawsuit. 

  • Attorney · Springfield, MO · Member since 2016 · 39 posts · 22 votes
    7y

    @Sylvia B. you need to file a quiet title action and have the Court declare that you are the lawful owner of the property to the exclusion of all others. Then file the Court's judgment in the recorder's office to clear title. If your attorney doesn't feel comfortable doing this, feel free give me a call. 

    Best of luck!

    John

    Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

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