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Posted by Bradley on September 04, 2002 at 16:48:08:

Several issues: Having bought a property from county tax sale auction, am getting "advise" that I wasted my money and can not acquire title insurance or clear title if previous owner mounts a fight on any of several issues including (Contitutional rights vs. county statute). Am told that courts (and expensive lawyers) can overturn any sale (even after the one year limit on proceedings of alleged invalidity or irregularity. In addition to "buying an expensive lawsuit" and years of litigation and court fights, I'm told that statutes can be ruled invalid and the county won't even have to return my money (or expenses). Has anyone actually been through this??? Statues say the sale is final and I have no recourse....but when do I throw in the towel??? Any recommendations of lawyers in the Bay Area??? "Feeling duped and foolish". Thanx for any help!

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Posted by John Merchant on September 04, 2002 at 20:13:45:

While I don't know what your $$$ investment is, or much of anything re CA Tax Lien deeds or laws, I do know that you've sure got at least a "cloud" on the title, and the odds are long that if you just sit there quietly, you've got a great chance of making a pretty good return on your money.

And of course a good chance of ending up with full title ownership of the property.

So I'd advise you to relax and just enjoy. The burden's on the tax defaulter to get with it & pay you, or lose the property, so he/she/they have the problem-not you!

Every time in my life I've had any kind of cloud on any RE title, no matter how shaky (not to say yours is shaky-Sounds pretty solid to me)I've been paid and done very well.

And I've had some thinner and more elusive clouds than you've got here..heck some of them weren't much more than a light mist...but they were thick enough to worry the other guy into buying it back from me.

Sometimes all it takes is a look of confidence, and the other guy figures you're holding a full house...and he who folds first, loses.

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Posted by Bradley on September 04, 2002 at 21:58:06:

Thanx for the "pep talk" John, I needed that. I really need some input from someone here in Northern Cal who has encountered this before and knows the "ins and outs" and technicalities of these laws and statutes and court decisions. While California Codes Revenue and Taxation Code Section 3691-3731.1 seem pretty straightforward and encouraging, I'm told by other more experienced investors than I, that the Courts will not subvert a "landowners Constitutional rights" and let a state or county's statutes take away those rights and cause irreperable injury to the foundation of property ownership. I'm very concerned that I may end up losing the thousands invested and additional thousands in trying to defend against a court voiding the deed. It's pretty scary, and being that this is my first venture, unsettling. Thanx.

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Posted by Ben (NJ) on September 05, 2002 at 01:00:53:

nt

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Posted by Bradley on September 05, 2002 at 09:02:06:

I'm sorry, I do not understand what nt means. I am new to all of this and greatly appreciate any info or help (guidance) offered. Would very much like to hear from someone in Northern Cal who has encountered this and worked through it. Thanx.