Ejectment Questions - Timing

[Arnold Finkelstein]

I'm trying to get a handle on what ejectment will and will not do for me.

As I understand it, a successful ejectment simply gets me possession, at which time the short statute clock starts.  It is also my understanding that if the taxpayer seeks to redeem concurrent to the ejectment (but files after I file for ejectment), he will likely have to pay my court/legal fees.

However, as the taxpayer can go to court for redemption over the three year life of the short statute, what prevents him from simply not showing up to court for the ejectment and then filing for redemption, say, a month later?  I will have gone through ejectment, paid a lawyer (without reimbursement from the taxpayer) and then, a month later, have to go to court and pay a lawyer all over again, again without reimbursement.  Am I missing something?

[Denise Evans]

@Arnold Finkelstein, if he files for a later redemption lawsuit, you can answer and ask that your earlier legal fees be added to the price tag.  If your ejectment lawsuit is filed after you get your tax deed, you might have a really good argument that his redemption claim was a compulsory counterclaim in your ejectment lawsuit, and he is now barred from suing for judicial redemption. Just a thought. It hasn't been addressed in the appellate decisions.