[WSBARP] Preservation of Lien in tax foreclosure sale

Joseph McIntosh jmcintosh at McCarthyHolthus.com
Wed May 17 09:45:17 PDT 2023


Probably needs to pay the tax delinquency to protect her interest.   I believe a tax sale surplus, if any, inures to the owner, not extinguished lienholders.

Tax liens are 1st position, they wipe out everything.  If you have an interest you want to preserve, you have to pay close attention to that tax account.  That's why mortgages often get escrowed.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Karen Cobb
Sent: Wednesday, May 17, 2023 9:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Preservation of Lien in tax foreclosure sale

Client settled a suit with property owner ("owner") resulting in a recorded lien against the property.  Owner has failed to pay property taxes and county has brought suit to foreclose.  What does client need to file to protect her lien and ensure payment from the proceeds?  Does anyone have a pleading I could peruse? If client chooses to purchase the property what are the risks?
Thank you.

Karen L. Cobb
Attorney at Law
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