Quiet Title Answer
Improper Service

Quiet Title Answer given in regards to question received about improper service.

Question??
If the clerk’s certified letters to notify an owner of a tax deed sale were returned undelivered/un-served, but a sheriff’s notice was posted on the door, would this be considered a notification issue when trying to conduct a quiet title lawsuit? Could the defendants claim that they were not properly notified or could it be a potential notification issue in the future when trying to conduct a qt action that my certified mail might come back undelivered/un-served as well?

Answer
I can only speak from my personal experience as I am not an attorney and the information found here should not be construed as legal advice.

80%-90% of the time you will find in the tax deed file returned/unopened letters from the Clerk which were sent to the property owners. People move and leave no forwarding address or the forward has expired or they were renters. Aside from sending certified mail, the Clerk of Circuit Courts is also required by statute to post in a paper of general circulation in the county for four consecutive weeks the advertisement for the property. I’m sure you have seen the ads in the paper under “Application For Tax Deed.”

The Clerk’s office also has a contracted title company who performs and prepares the Owners and Encumbrance Report which highlights any and all known address for those parties having an interest in the property. The Tax Collector certifies that the information in the file is accurate through the date of making and the Clerk of Circuit Courts Office makes sure all parties are sent the letters in accordance to statute. Because someone can’t be located is not grounds under which the sale can be delayed or nullified. The standard and burden of notification is also required of you in your diligence to name/locate defendants in your qt action. Make sure you create a chain of title encumpassing all owners/parties and document which have a remaining interest. Many times after the Tax Collector's certification date there are changes in ownership or interest, not withstanding your own.

You will find in your quiet title case files that 80-90% of the notices/pleadings/motions sent to the previous owners to be returned. If you notify each and every party individually (even if multiple reside at the same location); and, include Tenant In Possession as defendants; and, carry out the due diligence outlined in info ordered; and, add those names, if any with corresponding addresses; and, posted your ad meeting the guidelines sent; you will have met the requirement of notification.

I have heard of a case in recent months where an owner was able to get the tax deed overturned due to Improper Service. The claim was that the home was rented by a non English speaking person. All of the certified mail directed to the owner by the Clerk had been thrown out by the renter. The owner was not previously aware of sale as he lived outside of the immediate area so no notification in the paper was seen. The whole reason for the overturn was that the Tax Collector apparently had an address change request from the owner and it had not been processed or had been lost. In short, the owners failed to pay taxes for 3 years, the tax deed sold, they then cried foul because they were not notified. The investor, in possession of the tax deed, had not filed his qt action and had performed no work on the property. According to a Deputy Clerk the investor would have been made whole again by the returning of funds bid at auction.

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