Owner deceased, Tax certificate sale

[Karen Kilgore]

I’m considering my first potential tax certificate purchase. The owner passed in 2015. The first year taxes were not paid was 2018 and it went to sale and is with the state. The deed shows no survivorship rights, he was unmarried. 

A son likely exists in another state, based on obituaries.  Someone is also cutting the grass, it’s not manicured, but enough to keep the city happy I guess.   There are cars in the driveway that haven’t moved in ages. We feel like it probably still has his possessions inside the house.

The tax information online shows the name of the deceased owner. It looks like the notices aren’t going to the son. 

Q1... Would this be a scenario of a void tax sale? Or, would he have had to have passed between 10/1/18 and the tax sale for it to be void? 

Q2...If the tax card showed “in care of” the sons’ name and his name was called, would that be a valid sale? 

Q3...If I purchase the tax certificate, Will I notify the son of our lien and maybe do a rental agreement with him while he either redeems or gets the house cleared out, since it appears the house may not be empty? 

Q4... I understand we have possession rights, but we can’t just burst in there and change locks without notification, right?  

[John Underwood]

1. This would not void the tax sale. They send them to the best known address.

2. Would be a valid sale. The son would be responsible for paying the taxes and updating his address.

3.That is up to you. You can try and get son to sell you the house after completing probate or just let it run its course and get the tax deed.

4. Don't know what state you are talking about. My state is simple, 12 months later I get the deed in the mail and can enter the property at that time. Other states like AL are very complicated with multiple years of seperate liens and  having to file paperwork etc.