Posted on: 17th May, 2011 10:19 am
HISTORY: We sold a piece of property in Mississippi in August, 2006 to a single man via Warranty Deed. Thereafter, we moved to Texas. In early April, 2011, we received a Notice of Forfeiture from the Chancery Clerk stating that the property had been sold at tax sale on August 31, 2009 and we had until August 31, 2011 to redeem same. This notice was originally sent to the property address and that address was scratched out and our current address in Texas was handwritten next to same. We discovered that the grantee never recorded the deed nor paid taxes on this property, although all tax bills were sent to the property address. We attempted to contact Grantee but his last known phone number which was no longer in service. We then called the Chancery Clerk and was provided with payment information to redeem this property. We paid the back taxes, as well as 2010 taxes on the land which were now delinquent. We have received a Release from Delinquent Tax Sale as well as a receipt from the Tax Collector for the taxes, fees and penalties which we paid.
QUESTIONS: Can Grantee produce the deed and be granted ownership of this property after almost five years? If so, how do we protect our interest in this property for payment of taxes, fees and penalties?
QUESTIONS: Can Grantee produce the deed and be granted ownership of this property after almost five years? If so, how do we protect our interest in this property for payment of taxes, fees and penalties?
Hi Guest,
If the grantee had not recorded the deed at the county clerk's office, then he won't be able to claim ownership of the property. I don't think the grantee will be able to record the deed after 5 years of property transfer. Nevertheless, you should contact a real estate attorney and take his opinion in this matter.
If the grantee had not recorded the deed at the county clerk's office, then he won't be able to claim ownership of the property. I don't think the grantee will be able to record the deed after 5 years of property transfer. Nevertheless, you should contact a real estate attorney and take his opinion in this matter.