Property being sold for non-payment of Property taxes

Here's the scenario. My brother recently received a phone call out of the blue from an individual inquiring about buying a parcel of land which my brother owns that the county is going to auction off for non-payment of back taxes. The thing is, my brother has received no communication whatsoever from the county regarding any deficiency, and knows nothing about any supposed sale, though he acknowledges he hasn't kept current on his property taxes. He recently talked to the County Auditor who told him that in order to stop the sale, he has to come in and sign a document called "Concession of Judgement" Doesn't there have to be a "trial and court ordered judgement" before they can proceed? Not having seen the document, it seems to me that they are trying to coerce him into signing a contract, thereby making any Administrative process moot. Has anyone heard of this document before? Can anyone give me any insight as to what the proper procedure they are supposed to follow is when they perform this maneuver? Doesn't there need to be a lien filed, or a court order/judgment? Also can anyone suggest a way to stall the auction, as it is to be held at the end of this month. If there is no lien, would filing a UCC financing statement, with him as the debtor be of any use? As I have done a considerable amount of work on the property, I believe that gives me a legitimate interest in the property. Any help would be greatly appreciated. Thanks

[BOBT12]

Dear LT2DOGS:

Here's the scenario. My brother recently received a phone call out of the blue from an individual inquiring about buying a parcel of land which my brother owns that the county is going to auction off for non-payment of back taxes. The thing is, my brother has received no communication whatsoever from the county regarding any deficiency, and knows nothing about any supposed sale, though he acknowledges he hasn't kept current on his property taxes.

You may want to think about filing a “NOTICE OF LIS PENDENS”.

Here are some of the elements required to file the above:

• There must be a pending action to take real estate.
• The property must be described fully, so that it is clear what the property is. I think that there is a legal description in your deed.
• File this notice with your county clerk.


There may still be a sheriff sale, however, the notice will warn any possible buyers that the title to the property is not clear. Whoever buys the property may have to give it up at a later time.

Here is a sample form “Secrets of the Legal Industry” by Richard Luke Cornforth:

Notice of lis pendens
IN THE SUPERIOR COURT OF CARROLL COUNTY
STATE OF GEORGIA

Bill Blackwell, )
)
Plaintiff )
)
)
v. )
)
Esler C. Citizen and )
Angie G. Citizen )
)
Defendants )


NOTICE OF LIS PENDENS

BRIEF IN SUPPORT

The above referenced action to take the property located at 705 Cross Plains Road, Carrollton, Georgia is subject to a pending action in Chilton County Circuit Court, Chilton County, Alabama attached as exhibit "A." Service of process has been made on Bill Blackwell, defendant in the Chilton County Circuit Court action, attached as "B."
Third parties are hereby bound that any interest they may acquire in the property located at 705 Cross Plains Road will be subject to the outcome of the Chilton County action attached.

Prepared and submitted by: __________________________________
Esler C. Citizen and Angie G. Citizen,
705 xxxx Road
xxxxx, Georgia 30116
(770)834-0000

================================================== ======

AFFIDAVIT

I, Esler C. Citizen, also known as Butch Citizen, of lawful age, being first duly sworn, upon oath state as follows:
1. I, hereby give notice that on _________ I filed a petition in the Circuit Court of Chilton County, Alabama case number ___________ styled as Esler C. Citizen, a.k.a. Butch Citizen, Plaintiff, v. Bill Blackwell, Defendant, which action is pending in such cause in said Court in which action various issues have been raised which affect Bill Blackwell's interest in the title to the property located at 705 Cross Plains Road Carrollton, Georgia. Mr. Blackwell is in receipt of service.
2. The property located at 705 xxxxxx Road Carrollton, Georgia is of a character to be subject to the principle of Lis Pendens.
3. That 705 xxxxxx Road Carrollton, Georgia is sufficiently described in and identified in the above style case and is in fact the res of the pleadings attached so that there can be no mistake regarding what property is in question and whether that property is subject to the outcome of the attached pleadings.
4. The Court in the above styled case has jurisdiction of the Esler C. Citizen and Angie G. Citizen, and also, of the property.
______________________
Esler C. Citizen

Before me, the undersigned, a Notary Public in and for said County and State on this ____ day of ________, 200__, personally appeared Esler C. Citizen to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act.
Given under my hand and seal the day and year last above written.
My commission expires __________
________________ Notary Public

Please consider buying the book, if you find the information useful. Secrets of the Legal Industry Workbook[Workbook]. It cost about $30.00.:

http://richardcornforth.com/shop/pro...f3b18c8f2cd41f

[Bird]

L2:

If you have done a great deal of work on the property, you may want to consider filing a mechanics lien on it.

...the answer to the riddle will be found in the "Assessment".

[PANICPASS]

Originally Posted by LT2DOGS

Here's the scenario. My brother recently received a phone call out of the blue from an individual inquiring about buying a parcel of land which my brother owns that the county is going to auction off for non-payment of back taxes. ks

Here's what dictionary.com has for the term concession:

A grant of a tract of land made by a government or other controlling authority in return for stipulated services or a promise that the land will be used for a specific purpose.



From the above definition it sounds like the government owns the land, not your brother. Maybe you could look into land patents also.

If need more time to figure out what to do, I suppose your brother could pay and sign it "under protest"... and take them to court on it on a later date.

Unfortunately, my brother decided to capitulate and sign the Concession of Judgment form. Kinda disheartening seeing as how I explained to him the nature of what they do. Apparently he doesn't have the spine I thought he had. Hopefully he will at least sign it as I instructed him to do, and we can go from there. Perhaps discharging it via a bond? Anyway, Thanks for all the info and suggestions. Too bad it was for naught.

[seeker]

Bird;

Can you expand on the mechanics lien concept?

We have judgments against us, but have a rental property that we have put a ton of work into, not to mention FRNs -- and need to finish the job to enable us to get out of the red and into at least a little black -- our main concern has been that it currently is not valued over the current mortgage -- but have no faith that it will stop the underhanded DA from trying to snag it.


So we really want to transfer the title of the property to our grandkids in a Family Trust -- any thoughts on trying to do that, and do it economically!

Thanks!

Seeker