Rope-A-Dope-Louisiana Style

by Chris on April 9, 2013

On the one hand, online tax sale companies have proclaimed the ease and security of tax lien purchases attracting may unsophisticated buyers. But, on the other hand, the resolution of tax titles became immeasurably more complicated and expensive this year. The courts have completed a clean sweep abandonment of many established legal principles, on which all litigants rely.

Defendants in tax sale cases are not bound by the laws of the State of Louisiana. The unique class is not burdened with judgments against them, statutes of limitations, or laws passed by the legislature for normative purposes: reliability in law and process and certainty of land titles. In fact, procedure and law can both be ignored with impunity for those who do not pay property taxes. The absurd consequence creates an incentive for avoiding payment of property taxes completely. The sheriff is now a powerless figurehead with fancy letterhead, that must use a lot of paper and postage.

For all practical purposes, the sheriff’s have been divested of any real authority to effectively enforce tax collection.

If you plan to attend a tax sale-buyer beware: Your tax sale can be canceled at any time by the Louisiana Tax Commission, without notice to you the buyer. Recent changes in legislation referred to in a previous post requires the sheriff to cancel a tax sale, without notifying you first, in the absence of “actual notice” or by demonstrating the owner could not be notified. There is no definition of “actual notice” by the way. Remember, these slippery slopes are a grey area, you may not get any refund of your money. If you do receive a refund, it most certainly will not include interest.

So get your pocketbooks ready! That time of year is coming up.



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Randy MFT June 7, 2014 at 5:18 PM


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