Do I have any recourse to redeem property after tax sale deed is executed?
- Category:Real Property
- State: SC #24746
My Property was sold at tax sale in 2009 I had no idea that it was until i receive overage notice in mail went to county they it was sold 2010 I had 1year to redeem an redemtion period was over. It was deed to new owner. How can i ge it back. They showed notices that they sent to me i never receive them, One notice i did receive letting me know it neeeded to be paid by August 31, 2009 but thats it.Tax office told me it could be over turn but I would have to get a lawyer
Statutory redemption allows the mortgagor to redeem the mortgage even after foreclosure sale. About one-half the states have statutory redemption laws. Generally, these laws give anywhere from six months to a year for the mortgagor to redeem the mortgage by payment of the foreclosure sale price plus a statutory rate of interest to the sale purchaser. Junior lien holders also have a right to redeem under these statutes, in order of their priority, though not until the period for the mortgagor to redeem runs out. As a rule, the mortgagor can retain possession of their property during this statutory redemption period.
As you know, in South Carolina, a defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with interest as provided in subsection (B) of this section. (Sec. 12-51-90).
South Carolina statutes further state that the deed is assigned at foreclosure to the purchaser at tax sale subject to 12 month right of redemption. Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. (Sec. 12-51-130).
Borrowers have no rights to redeem the property after it goes to auction according to South Carolina foreclosure statutes. However, you may benefit from consulting with a local attorney experienced in foreclosure matters for more specific guidance and perhaps advice.
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04/29/2011 - Category: Foreclosure - State: SC #24746
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