Can I get this property... - Posted by James S

Posted by James S on December 08, 2000 at 13:34:32:

Thanks bud for your advice.
Does anybody in Illinois know?

Can I get this property… - Posted by James S

Posted by James S on December 07, 2000 at 19:30:15:

I have a long story but, I’ll try to be as concise as possible to give you the full picture.
I approached a man who was losing his house in a “Petition for Tax Deed” case, against his house.
The name of the person on title was Jerry D, he died four years ago but the legal heir is James D his brother. James has been living in the property and paying on the current mortgage since then, but couldn’t make the tax payments due to illness. James says there was no Will, therefore no estate, there was no Probate case either. The Occupant (James D) received a “Take Notice” by certified mail and Personal service.
The mortgage company that is on the property records has changed it’s servicing address without updating the county recorders office. -so the “Take Notice” that was mailed to the Mortgage Co was returned stating that the forwarding address has expired. Personal service was requested by the petitioner, but does not show a confirmation of delivery (obviously).
I had James D sign an affidavit of Heirship, I then quit claimed myself onto the property. The redemption period had expired but I went to the court hearing to dispute my case which is as follows:
No apparent effort was made to determine who the legal owner of the property was, even though the legal owner was James D and he did receive the “Take Notice”. Without there being an estate or probate how can the Petioner determine who the legal heir of Jerry D is? Do I have Grounds to prove that due diligence to identify who the legal heir is, has not been performed?
I went to the manangement office of the building where the mortgage co was renting space and got their forwarding address.
James D also provided me with the new address on the mortgage co.
Do I have grounds to prove that due dilgence to serve notice to the mortgage co was not performed?
Am I to late, or do you think I have a chance of winning this case?
I apprieciate any input with these matters.
Thank You in advance.
James Searle

Why ask us - Posted by Bud Branstetter

Posted by Bud Branstetter on December 07, 2000 at 22:05:40:

You have been doing things things on your own so far. Unless you live in the same state that the property is in you can’t make guesses. It’s not about what is fair but about the laws in your state.

In Texas there is no question about the probate court having jurisdiction over the tax issue unless it has been over 4 years since the death. Then we would have a problem with a quit claim deed here. It is unlikely that you put any mention of rights of redemption on the quit claim deed. Many of the tax suits here have problems with service and as a result title companies have problems issuing a title policy. One saving grace may be that the mortgage company will press the legal issues for you. Then you could buy the rights from the person that bought from the tax sale and forget about the mortgage. Eventually you need an attorney to council on the laws in your state. Good luck in finding one that knows.

Re: Why ask us - Posted by James S

Posted by James S on December 08, 2000 at 13:43:23:

Bud, I contacted the the mortage Co (Benenficial) they said that they would file an appeal if a tax deed was granted and fight through “loop holes” such as not receiving notice…

Also when you say “forget about the mortgage” do you mean let it be wiped out…?