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This is a very confusing title question that has come up, pursuant to a tax suit, and unfortunately made its way to my desk. After quite a few hours at the Dist. and Co. Clerks offices pulling out all deeds and case history this is the timeline I have developed. 4/72- Deed for tract 1 (20 acres) to Defendant 1. 3/80- Warranty Deed with vendors lien. Splits tract 1 in half into tract 1a (10 acres and tract 1b (10 acres)and gives tract 1b to defendant 2. Deed of trust to bank for 10k on tract 1b (Defendant 2's 10 acres). 1980- 2 murders occur. 10/80- Defendant's 1 and 2 execute deed of trust as bond (100k)for murderer that includes (All of tract 1) as well as other properties. 12/82- Defendant 2 defaults on deed to bank for 10k and bank forecloses on tract 1b and sells to buyer 1. 1/83- Final judgment of bond forfieture because Murderer fails to appear. 4/86- Sheriff sells "All of tract 1 (10 acres)" to the County for 26k. Sheriff then files the return with the ct. in the civil case, but County never executes or files deed. 2/86 quit claim deed on tract 1b from buyer 1 to buyer 2. 6/90 Warranty deed with vendor's lien from buyer 2 to buyer 3. 4/2010 oil and gas lease on tract 1 "10 acres of land more or less out of tract 1" between drilling co. and Defendant 1. What interest does the county have to tract 1 a or b, if any, and what does the county need to do to perfect it. File a deed with affidavit and attach sheriff sale return? Which tract does county have interest in because sale language did not specify? Is the judgment of forfieture stale as to the County? Any help would be appreciated. Thanks for your time. | ||
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Member |
I think we can all agree this is confusing. | |||
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Member |
When was the forfeiture suit filed? | |||
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Member |
1982. | |||
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