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Nishan Parlakian
Nishan Parlakian,
Category: Real Estate Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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If a property is about to auctioned taxes and the taxes are

Customer Question

If a property is about to auctioned for delinquent taxes and the taxes are paid by the owner can the occupant sue for adverse possession?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Nishan Parlakian replied 3 months ago.

Generally anyone can sue for anything if you can make a case and it is withing some bounds of the law. If the occupant is not the owner in the case you set forth then no the occupant can not sue for adverse possession because the occupant does not have ownership standing. If the occupant has a lease or lease hold then the occupant may be able to sue for unlawful eviction since the lease could be considered an asset to the property and that the leaseholder has contractual rights to the property as a lease only. If the occupant is the owner and the taxes are paid then a motion must be made to the referee or the court to forbear on the auction as the debt has been satisfied. Until the keys have been transferred the owner may be able to re acquire the property--as is under the case presented here. Hope this helps. Best, ***** ***** rate me.

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