Tax deed and procession of the tax deed property

[Sandy Nguyen]

I bought the first tax deed property and I don't  know if it is still occupied or not from the street. I don't feel safe approaching the house by myself. Can I call a police officer or sherriff to escort me in? If yes, how can I do that?

[Denise Evans]

Thanks @Joe Mclain for the thumbs up!

If the property is occupied, you must file an ejectment lawsuit, not eviction. If you have only a tax certificate, you must give written notice to vacate and then wait 6 months before you can file the suit. If you have a tax deed, you can file immediately.  The taxpayer does not have 3 years from the tax deed to redeem. They have 3  years from when the investor takes possession, which typically happens when the tax deed is issued, but does not have to happen that way.

Often, the taxpayer will counterclaim in the ejectment lawsuit, and ask the judge to set the redemption amount so they can redeem. As long as the investor sues for ejectment first, then the redemption charges will also include the investor's legal fees.

If you can talk the taxpayer into signing a lease, even if only $1 a month, then their possession is UNDER your possession. In other words, YOU are legally in possession.  Just make sure the lease puts all maintenance and repair responsibilities on the tenant. Get insurance to protect yourself, especially against liability. Often, the years pass and people can't scrape together the money to redeem, and you'll end up with it anyway.

Or, you might want to finance the redemption, but they will have to quitclaim their rights to you, with a contract that you will quitclaim the property back to them when they've completed all the payments.