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Updated about 4 years ago on . Most recent reply

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9
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Greg Henderson
  • Blytheville, AR
1
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9
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Arkansas tax deed sales

Greg Henderson
  • Blytheville, AR
Posted

Hello BP I'm new to this process but in Arkansas I'm aware that there is a 10 day redemption period following the tax sale and also a 90 day litigation period my question is can the former owner take back the property after both periods have pasted or is it a good idea to file legal proceeds? Even if I'm not planning on selling the property?

Most Popular Reply

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42
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20
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Brandon Moffitt
  • Real Estate Broker
  • Arkansas - Texas
20
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42
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Brandon Moffitt
  • Real Estate Broker
  • Arkansas - Texas
Replied

Until you have filed a Petition to Confirm Sale and Quite Title there is always a chance (for at least 7 years) the previous owner can come back and litigate against the sale. Typically they allege a due process violation (i.e. lack of notice) or lack of statutory compliance and ask the Commissioner of State Lands and/or a court to set aside the sale. The COSL has statutory authority to set it aside for any reason without any court intervention. You may have some equitable remedies should that occur, but you are still going to be fighting to keep your interest in the property. So the purpose of filing a Petition is not only related to securing marketable title, although it does that as well, but to protect your purchase.

  • Brandon Moffitt
  • 5012911165
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