If Courts Awarded Points For Creativity, These Defendants Might Have Received A Few!

by: Peter J. Gallagher (@pjsgallagher)

Tax sale foreclosures are rarely that interesting. This is purely my opinion, and I understand that buying tax sale certificates can be a lucrative trade, but I think I am probably not alone in saying that the field tends to be a bit dry. This is not always the case, however, and the best proof of this might be the recent decision in Lien Times, LLC v. Rader. (It is not what makes the case interesting, but Lien Times is a great name for an entity that buys tax liens.)

Lien Times started out with a fairly routine set of facts. Defendants fell behind on the taxes for their home, so the township issued a Certificate of Sale for unpaid municipal tax liens. Plaintiff purchased the Certificate of Sale. Plaintiff eventually foreclosed on the lien and the property was auctioned at a sheriff's sale . This is where it gets interesting.

 

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