Trusted Tax Sale Challenges Attorney In Maryland
Losing your property to delinquent taxes is absolutely terrifying for a Maryland property owner. When a local jurisdiction commences a property tax foreclosure, the owner is in a state of panic. A tax sale auction is not necessarily the end of the road for property rights. If the county’s tax sale process was flawed or notice rights were breached, legal remedies may be available.
Attorney Stan Derwin Brown has nearly 38 years of experience in tax dispute representation. Having a skilled tax sale attorney on your side ensures your voice is heard and that equity is protected.
Can All Tax Sales In Maryland Be Challenged?
A tax sale cannot be set aside merely because the owner admitted that delinquent taxes were due. To set aside a tax sale, you have to show a defect in procedure, a lack of statutory notice or an administrative error by the tax collector or the tax sale certificate holder under Md. Code, Tax-Property § 14-801.
Under Md. Code, Tax-Property § 14-827, the property owner retains the right of redemption until the court enters a final decree of foreclosure, at which point title passes to the certificate holder.
What Is An Attorney’s Role In Challenging A Tax Sale?
Tax litigation centers on Maryland real estate statutes and civil procedure. The advocate will review the land records to find defects in the foreclosure process (from stopping a tax sale before the auction to filing motions to vacate the judgment). The lawyer defends the property.
When you retain Stan Derwin Brown Law Office, LLC, our firm assists you through every phase:
- Auditing municipal tax records to catch billing errors.
- Verifying that notice of the tax sale documents was properly served.
- Preparing emergency petitions to stay the auction or challenge the filing.
- Guiding clients through their redemption rights in a tax sale during the redemption period.
- Representing clients in surplus proceeds recovery where property has been sold for proceeds in excess of the amount due.
- Initiate a quiet title action to address title problems.
With nearly 38 years of practice, Stan Derwin Brown is a highly effective representative who can help owners work through the legal problems they face.
Frequently Asked Questions
Understanding your rights in the event of a tax foreclosure is crucial if you want any chance of saving your home. The following are the direct answers to the questions you’ll be asked about Maryland tax sales.
What Are the Legal Grounds for Challenging a Tax Sale in Maryland?
In Maryland, property owners can challenge a tax sale on statutory and constitutional grounds. Courts are very particular about procedure, and a mistake by the collector can invalidate the sale.
- No statutory notice of tax sale to owners or lienholders.
- Erroneous tax calculations, double billing or paying off the debt before auction.
- Failure to publish the tax sale notices in the local newspapers as required by county rules.
- Fraud, collusion or misconduct in the course of the tax sale auction.
- Challenging the validity of a tax deed on the grounds of improper filing or a missing legal description.
A failure to give proper notice or some other procedural defect in the tax sale will give the owner some leverage in a court action to have the sale set aside.
Can a Tax Sale Be Reversed if Proper Notice Was Not Provided?
Yes, a tax sale can be set aside if the collector or certificate holder failed to give proper notice. Due process requires the owner to receive notice before the government takes the property. If you didn’t receive the required mailings, a tax sale attorney can file a motion to set aside the tax sale decrees and void the certificate.
Will Filing Bankruptcy Stop a Tax Sale?
Under 11 U.S.C. § 362, filing a bankruptcy case automatically stays tax sale auctions and foreclosures. The stay is automatic, and the only thing that can happen is that a creditor can go to the bankruptcy court and ask for relief from the stay so the tax sale or foreclosure can proceed.
Schedule An Initial Consultation
If your property is in danger of a tax sale or you need help challenging the validity of a tax deed, you need to act immediately. Attorney Stan Derwin Brown is available to represent you and walk you through the process. Call the Stan Derwin Brown Law Office, LLC, at 301-686-8648 or use our online form to contact us and schedule a consultation.