Saturday, February 2, 2008

Tax sales and bankruptcy: New Indiana Court of Appeals Decision

Debtor owning real estate files bankruptcy. Debtor owes property taxes and so real estate put up for a tax sale which freezes out lender. Buyer at tax sale file to quiet title and mortgage company wins at trial level and then at the Indiana Court of Appeals.

Decided on January 31, 2008, ATFH REAL PROPERTY, LLC, v. STEWART (PDF format) has a good description of the process of buying real estate at a tax sale and a warning for buyers of tax sale property.