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If a municipality takes a clouded-title property for unpaid taxes, can that property be sold given the cloud?

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This is a case of "Buyer Beware". Depending on state laws, a municipality is allowed to sell a clouded property with a "quit claim deed" which means they only sell the municipality's interest in the property and the cloud remains. A diligent buyer should discover what the cloud is that is tainting the title and determine if the title can be cleared (use a Title Company or attorney). If the cloud is environmental contamination that property must be cleared of the contamination under the laws of the state and the EPA. For protection the buyer should require a warranty deed from the municipality as a condition precedent to sale which would require the municipality to clear title of any defects prior to a sale. No person should buy a property without clear title for your own protection.

Posted on Apr 15, 2017

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Posted on Jan 02, 2017

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