Legal Question in Real Estate Law in Arizona
I am looking to purchase a property from a woman who is in tax default. Tax Liens have been sold. Apparently, the person the purchased the lien has also had his attorney record a "Complaint to Foreclose the Right to Redeem from Tax Sale" aginst the property. The woman tells me she has spoken with the attorney and according to the paperwork has to appear in court by a certain date. If I were to purchase this property from the woman: 1) would the recorded lien be voided? or 2) would I still have to deal with the lien purchasers attorney?
2 Answers from Attorneys
You'll still have to deal with the lien purchaser's attorney. Be very careful. All you're doing is stepping into the woman's shoes, subject to her obligations.
She can only convey title as good as she has, and right now, her title is subject to the tax liens and the rights of the lien holder. The sale to you does not void the lien and in fact, for you to get clear title through an escrow, and title insurance, the lien would have to be paid.
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