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Updated over 17 years ago,

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tax sale and title

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Posted

California counties conducts tax sale auctions for properties five years delinquent on their taxes. There is a house coming up for auction that my husband and I are interested in. However, the situation is a bit complicated. The owner of the house died in 1994 without a will. The house went through probate court and in 1997 the court gave each of the 5 children 1/5 of the house. However, none of the children were present at the probate hearing. The deed was never transferred into any of the heirs names. The deed still indicates that the house is in probate.

The validity of tax sales in California can be challenged by the previous owner for one year from the date of the tax sale. Here are my questions:

In this case do the 5 heirs have any claim to house (could they file a challenge)?

Would ownership that could be ruled invalid be good enough to get construction loan?

Would ownership that could be ruled invalid be good enough to get a Home Equity Line of Credit?

What would the probate situation of the house do to the title?

And, what kind of problems might it cause?

Does anyone have any experience with a situation like this or even with tax sales in California?

Thank you!

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