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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102192
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Canyon County, Idaho Resolution and notice of sale of county

Customer Question

Canyon County, Idaho Resolution and notice of sale of county properties acquired by tax deed.
What are the things that need to be done to take possession of ownership? Do I by law have to pay off the mortgage of previous owners before the county took possession of the real estate?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is possibly yes. Under Idaho's 63-1005, the deed in the tax deed sale conveys to the winning bidder the absolute title to the land, free of all encumbrances. However, if the holder of a mortgage of record is not properly notified under Idaho law about the tax deed sale, the mortgage may still remain and not be "swept away" in the deed sale. However, most counties do a good job of serving notice to all mortgage lenders on the deed prior to sale. One may wish to inquire as to whether or not the mortgage company indeed was served notice prior to bidding.

Nothing really needs to be done once the bid is won, as it is recorded and the winning bidder becomes the new owner. Note that the former owner has a year to purchase back the property by paying off the amount owed plus a hefty interest rate - to the winning bidder.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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