After purchasing a property at a tax deed sale, it is common to file a quiet title action to ensure that other potential interest holders’ claims are wiped out forever. Each parish operates a little differently in regards to how they hold their auction. Quiet title is particularly pertinent to properties bought in foreclosure sales, sheriffs’ sales, estate sales, or tax sales. In all cases when tax titles have been quieted by prescription of five years under the provisions of Article VII, Section 25 of the Louisiana Constitution, the purchaser, donee, or his heirs or assigns may, either obtain a judgment of the court confirming the title by suit in the manner and form in Subsection A of this Section, except that the delay for answer shall be ten days instead of six months, provided that the … File a quiet title lawsuit if you are unable to clear title with the outstanding liens. Wesley M. Plaisance is a Partner in the New Orleans office of Breazeale, Sachse & Wilson LLP (www.bswllp.com) where he heads the Tax Sale and Quiet Title Litigation group and practices other commercial litigation with a focus on real estate related litigation. They are presented for illustration purposes only. In other states, anyone who has an interest in purchasing the property can file this lawsuit. Subscribe to Justia's Acts 2008, No. +1 (949) 798-1180 Other times, liens stay with the property and require going to court to file for "quiet title" to remove the liens and clear the title. However, if you decide to quiet the title later, owning less than 100% can be a nightmare. 47:2266 .3 In the meantime, Oc wen had sent a certified letter to Mr. (1) After expiration of the redemptive period, an acquiring person may institute an ordinary proceeding against the tax sale parties whose interests the petitioner seeks to be terminated. If your property is caught up in a tax sale, a consultation with an attorney is advised. Other states require the current property owner to file the quiet title action. A. Const. To reiterate, the Louisiana Department of Public Safety, Office of Motor Vehicles (DPS) Policy #122.02, Golf Carts (copy attached), states in the Requirements for Titling: “Applicable sales/use tax, or proof of taxes collected by the dealer. Property Tax Sale • City of Monroe • Tax & Revenue Division • 318-329-2220 - 2 - ... and tax sale title to the property was ... R.S. The only difference is the original owner has ten days instead of six months to respond with a suit to annul the tax sale. In support of its motion for summary judgment, ODR C attached (1) a certified copy of the tax sale deed, ( 2) a certified … The tax sale will be in the month of June after the parish tax sale. Each state has specific laws about who is able to file a quiet title action. It is usually not possible to obtain title insurance from an approved title insurance company in Louisiana on a tax sale property even after the legal work is done. granted to quiet title because the defendants failed to file suit annulling the tax sale within six m onths following the service of its petition to qu iet title. Tax sales generally occur annually (usually June). This article is not intended to replace the independent advice of an attorney. A “quiet title” action is an action to settle the entirety of title interest in real estate in one person or entity (a business, estate, government agency, or trust). In Louisiana the expiration date of the tax title does not begin on the date that you won the auction. § 47:2155). 47:2266. After a mortgage or a tax debt is presumably paid off, but records cannot be found, action might be needed to ensure clear title. Moreover, Louisiana courts have held that all owners must receive notice of the tax delinquency and notice of the tax sale. Research legal experience, awards, professional associations, jurisdictions and contact information on Justia. The price is set at the amount of taxes owed, plus costs. New Orleans, Louisiana attorney Wesley M. Plaisance. VII, § 25(B). For this and other reasons as a rule of thumb a tax sale title, even if confirmed by a Suit to Quiet the Title, may not be merchantable in the way most of us are familiar with. A. If notice is not given, the tax sale may be deficient. For example, if you purchase a home at a tax sale that is occupied, you may only occupy it if you engage the courts to evict the occupants. Therefore, it is always in the best interest of the purchaser to obtain owner’s title insurance. R.S. In Louisiana, a tax sale will happen if you don’t keep up with your property taxes. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. An action to quiet title removes all pre-existing liens and third-party interests from your property’s title, eliminating further financial obligation. If a property is sold at tax sale, the property owner has three years to redeem the property from the purchaser by paying the purchaser the … The grantor is the person giving title; the grantee is the person receiving title. The procedure for “quieting” the tax title is laid out in La. C. The petitioner may file a notice of lis pendens with the recorder of mortgages of the parish in which the property is located. (La. A church has contacted me to get a signature to surrender the property to them after 30 years. Cook and Associates are Quiet Title Attorneys in Montgomery, Alabama. If my family has property in Louisiana but it was said to be given to a nearby church can I appeal a quiet title action? Liens, claims by prior owners, and other matters affecting title are called “clouds” on title. If the original owner does not redeem the property in three years from the filing of the tax sale certificate, the new purchaser may file a lawsuit to “quiet the title” to obtain full ownership. Quiet title exists to create a free and clear title on the property. In order to obtain marketable title, you may want to file a quiet title action.A quiet title action typically take at least 3 months, but without marketable title, a title company will not issue title insurance on the property. Box 201 Baton Rouge, LA 70821-0201 Telephone: (855) 307-3893 Email: firstname.lastname@example.org. In all cases when tax titles have been quieted by prescription of five years under the provisions of Article VII, Section 25 of the Louisiana Constitution, the purchaser, donee, or his heirs or assigns may, either obtain a judgment of the court confirming the title by suit in the manner and form in Subsection A of this Section, except that the delay for answer shall be ten days instead of six months, provided that the … R.S. §2157. During that 4 year period, the tax deed owner will continuously need to pay the real estate taxes, maintenance costs, and other expenses to keep the property sellable. A quiet title is a document that proves your property ownership when a dispute occurs.