Appellate Court Holds that Tax Deed Order Should Be Set Aside

We represented the co-trustees of a trust which lost title through a tax deed to a 26-acre parcel of real estate valued at more than $4 million.  We contended that necessary parties had not been served with notice and that the tax purchaser had failed to disclose important facts to the court.  The trial judge dismissed our case, but we appealed and the dismissal was reversed.  After discovery and trial, the trial judge denied the relief we had requested.  We appealed again, and in September 2008 the Second District Appellate Court reversed the decision of the trial court.  The Appellate Court held that the trust was entitled to notice of the tax deed proceeding and that the tax purchaser committed fraud when it failed to disclose to the trial court various recorded documents revealing the names of the trust and its co-trustees.

To listen to a recording of the oral argument in the Appellate Court, click here.

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