Scott D. Flynn
Neuzil,
Sanderson, Sigafoose & Flynn, P.C.
119 Wright St
P.O. Box 1607
Iowa City, IA 52244-1607
319.337.3167 Office
319.356.6153 Fax
Scott@neuzillaw.com
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----- Original Message -----
Sent: Tuesday, October
14, 2008 11:10 AM
Subject: RE: 120 day
Affidavit---Tas Sale
When did the tax sale and tax deed take
place?
Interesting - the mortgagee apparently was
not escrowing for taxes?
-----Original Message-----
From: realestate-owner@iabar.org
[mailto:realestate-owner@iabar.org] On Behalf
Of Todd Nielsen
Sent: Tuesday, October 14, 2008
10:27 AM
To: realestate@iabar.org
Subject: 120 day Affidavit---Tas
Sale
I am looking at an abstract that shows tax sale proceedings
and a Tax sale deed from the Treasurer to the current owner. The
problem that I am having is the prior owner of the real estate under
examination had a 48,000.00 mortgage to Citifinancial. The Affidavit of
Service filed with the Treasurer states that the Redemption Notice was served
on the owner and the City, but the Bank was not served with the Redemption
notice. Q??? -- Does the 120 day Affidavit per 448.15 cut off any
potential claim the bank might have to bring an action to invalidate the tax
sale deed? The newest tax sale legislation passed in 2005 indicates that
the affidavit would bar and estop the bank from commening an action for
improper service. To me there is a difference between improper service
and no service at all. I have a hard time with the fact that the Bank did
not get actual or constructive notice and they can be cut off by the 120 day
affidavit. What does real estate bar think?? Pass title
or make an objection? Thanks to all in advance for your
responses.
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