On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more
8/26/2024
/ Deeds ,
Foreclosure ,
Forfeiture ,
Investors ,
Liability ,
NE Supreme Court ,
SCOTUS ,
Takings Clause ,
Tax Liens ,
Tax Sales ,
Tyler v Hennepin County Minnesota
In an opinion released on August 21 in Massenberg v. Clarendon County Treasurer (Op. No. 28234), the South Carolina Supreme Court invalidated the tax sale of real property in Clarendon County based on the delinquent...more
In a landmark shift towards protecting delinquent taxpayer’s interest in surplus funds generated from tax lien foreclosures, Massachusetts enacted a law as a part of its 2025 budget to revise the way surplus funds are...more
In an unpublished opinion released on May 12 in Grayson Dailey v. SC Home Holdings, LLC (Op. No. 2024-UP-164), the South Carolina Court of Appeals upheld the tax sale of real property in Lexington County over the objection of...more
In February, the United States District Court for the Eastern District of Michigan issued its opinion in Metro T. Properties, LLC v. County of Wayne, No. 2:23-cv-11457-LVP-KGA, 2024 WL 644515 (E.D. Mich. Feb. 15, 2024). Few...more
In an unpublished opinion released this week in Cutter & Company, LLC v. Stafford Funding Group LLC (Op. No. 2024-UP-016), the South Carolina Court of Appeals upheld the tax sale of property in Orangeburg County over the...more
In a recent opinion by the Alabama Supreme Court in Smith v. Cameron (SC-2023-0495), the court issued an opinion affirming a trial court’s refusal to award mesne profits to a tax deed holder following the trial court’s order...more
“The taxpayer must render unto Caesar what is Caesar’s, but no more.”
Tyler v. Hennepin County, No. 22-166, Slip Op. at 14 (May 25, 2023) -
Less than a month after oral argument, the United States Supreme Court ruled...more
5/26/2023
/ Class Action ,
Debt Collection ,
Eighth Amendment ,
Excessive Fines Clause ,
Fifth Amendment ,
Just Compensation ,
Oral Argument ,
SCOTUS ,
Takings Clause ,
Tax Debt ,
Tax Liens ,
Tax Sales ,
Tyler v Hennepin County Minnesota
On Friday, the Alabama Supreme Court issued its opinion in Ex parte J.C. King III (In re: Anderson Realty Grp., LLC v. J.C. King III), No. SC-2022-0653, addressing for the first time the term “preservation improvements” in...more
The South Carolina Department of Revenue’s Government Services Division has issued a Decision giving South Carolina counties guidance regarding the 2019 tax sale in the wake of the South Carolina Supreme Court’s opinion in...more
Kentucky’s counties strictly abide by the statutory code outlined in KRS Chapter 134 when conducting tax sales. However, under section 156b of the Kentucky Constitution, Kentucky is a “home rule” state. This means that the...more
The Alabama Supreme Court issued a Certificate of Judgment on Friday overruling Equivest Financial, LLC’s application for rehearing regarding the Court's June 26, 2020 decision that held that a 2013 Bessemer tax sale...more
West Virginia’s counties strictly abide by the statutory code outlined in W. Va. Code Chapter 11A when conducting tax lien sales. The sheriff auctions the tax liens, which are freely assignable after purchase. If not...more
In June, the Alabama Supreme Court issued its Opinion in Stiff v. Equivest Financial, LLC, in which it held that a 2013 Bessemer tax sale occurring inside the Probate Courtroom — and not on the front steps of the courthouse —...more
Kentucky’s counties strictly abide by the statutory code outlined in KRS Chapter 134 when conducting tax sales. However, under section 156b of the Kentucky Constitution, Kentucky is a “home rule” state. This means that the...more