Judgment Debtor Sets Aside Sheriff’s Levy Sale

Our firm was retained to investigate what was believed to be a simple real estate tax issue. In actuality, a judgment against the client for approximately $6,000 had been recorded against a property owned by the client and a property that the client had lost to a tax deed. Both properties were sold at a Sheriff’s levy sale for $200,000, or approximately 33 times the amount of the judgment.

Within the six-month redemption period, our firm filed a motion that resulted in the entire sheriff’s sale being set aside. Rather than having to redeem the levy sale, which would have required a payment equal to the sale amount plus interest at 10% annually (approximately $210,000), the client paid off the underlying judgment and retained ownership of one of the properties. In addition, the client petitioned to vacate the tax deed on the other property that should result in a return of that property or substantial monetary reimbursement.

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