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Alabama Supreme Court Interprets “Preservation improvements” in Tax Sale Statutes

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

South Carolina Department of Revenue Issues Decision Regarding 2019 Tax Sale

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

8/31/2021  /  SC Supreme Court , Tax Liens , Tax Sales

South Carolina Department Of Revenue Issues Decision Regarding 2019 Tax Sale

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

Bank-Model Partnerships: The New Banking Model for 2020 and Beyond

According to the FDIC, the most important factor contributing to the earnings gap between community and non-community banks is the ability to generate non-interest income from “activities that are typically not part of the...more

South Carolina Supreme Court Declares 2019 Tax Sale Bill Unconstitutional

The South Carolina Supreme Court issued its three-page opinion yesterday in Mercury Funding, LLC, v. Beaufort County Tax Collector Kimberly Chesney, a case involving the constitutionality of an act extending the 2019 tax sale...more

7/2/2021  /  SC Supreme Court , Tax Sales

South Carolina Supreme Court Holds Oral Argument Regarding 2019 Tax Sales

In one of the first oral arguments held in person since the start of the pandemic, the South Carolina Supreme Court heard from the parties today in Mercury Funding, LLC, v. Beaufort County Tax Collector Kimberly Chesney, a...more

5/7/2021  /  Oral Argument , Tax Sales

Stiff v. Equivest: Alabama Governor Signs Senate Bill 111 Regarding Tax Sales Held Inside

Nelson Mullins previously wrote about the Alabama Legislature’s passage of Senate Bill 111, which was intended to resolve issues raised by the Alabama Supreme Court’s June 2020 opinion in Stiff v. Equivest Financial, LLC. On...more

Stiff v. Equivest: Alabama Senate Bill 111 on its Way to the Governor for Signature

In June 2020, the Alabama Supreme Court issued an Opinion in Stiff v. Equivest Financial, LLC, where the Court held that a 2013 Bessemer tax sale occurring inside the courthouse — and not on the front steps of the courthouse...more

Updated Comprehensive Guide to Understanding Kentucky Tax Sales

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

Biden Administration Announces Extension of Foreclosure Moratoriums and Forbearance Options

In the wake of the early months of COVID-19, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) instituted a foreclosure and eviction moratorium on Fannie Mae and Freddie...more

Alabama Supreme Court Overrules Application for Rehearing on Decision Voiding Numerous Tax Sales

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

South Carolina Bill Extends 2019 Tax Sale Redemption Period

On Wednesday, the South Carolina Governor signed House Bill 3755 into law. The bill amends sections of the insurance code regarding automobile insurance coverage, but also includes a provision extending the statutory one-year...more

10/2/2020  /  Investors , Property Tax , Tax Sales

Comprehensive Guide to Understanding West Virginia Tax Sales

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

The Small Business Reorganization Act: An Unintended Lifeline For Small Businesses Considering Restructuring Due to COVID-19

For years, small business debtors have struggled with the intricacies of Chapter 11, the debt limitations of Chapter 13 and Chapter 7 bankruptcy liquidations. Stringent requirements and procedural hurdles often made...more

Nelson Mullins Files Amicus Brief in Response to Alabama Supreme Court’s Opinion Voiding Numerous Tax Sales

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

Pandemic Relief: How to Protect Tax Lien Interests

Even in the best of times, knowing how to protect tax lien interests requires work. Many who invest in tax liens and tax deeds do so in multiple jurisdictions or in multiple locations within a state. But the tax sale laws...more

Alabama Supreme Court Voids Numerous Tax Sales

On Friday, June 26, 2020, the Alabama Supreme Court issued an Opinion in Stiff v. Equivest Financial, LLC, in which it held that a 2013 Bessemer tax sale occurring inside the courthouse — and not on the front steps of the...more

Comprehensive Guide to Understanding Kentucky Tax Sales

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

FHFA Broadens Deferral Option for COVID-19 Forbearances and HUD Extends Foreclosure and Eviction Moratorium

In two separate announcements, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) both unveiled plans requiring servicers to provide additional options to consumers in the...more

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