Quieting tax title.

by Chris on February 18, 2012

A tax purchaser may ultimately gain clear title to the property purchased at a tax sale. One way of confirming the title is to bring an action to quiet the tax title against the former owner and any heirs and/or successors they may have. This action important because although the three year redemptive period may have passed, the debtor can still bring an action to annul the tax sale for various reasons. A prevailing suit to confirm a tax title will put at rest the validity of the tax sale.

Another manner of clearing the title to property is by instituting a monition proceeding. This method of confirming title is a procedure by which a purchaser of property at a sheriff’s sale may protect himself from eviction or from other possessors. The purpose of a monition proceeding is to confirm or homologate the sale by showing that the property was appropriately advertised, the description was accurate, and the price was “truly paid.” Monition proceedings, which are advertisement based proceedings, are subject to limitations beyond the scope of this article. However, Louisiana Revised Statute 47:2271 states that monition is available “in addition to all other procedures.”

In my experience monition proceedings are disfavored procedures for confirming title. Judge’s have denied monitions on due process grounds since they are an advertisement based proceeding, which is typically is not sufficient to notify any owners. Whereas, the petition to quiet title requires filing a lawsuit and serving it on the defendants (which constitutes notice in itself), and waiting the appropriate time period to give the defendants an opportunity to come forward with a suit to annul. If the monition proceeding is used, I would suggest to use it “in addition to all other procedures” i.e. in conjunction with a petition to quiet title.

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Hari gxk May 22, 2013 at 4:29 PM

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