Mason v. Smith

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The Catalanos purchased a parcel of real estate and recorded the deed. Later, the Catalanos sold the property to Raymond Smith, but the deed was never recorded. At the time of the conveyance, the Catalanos’ real property taxes were delinquent. The county sheriff subsequently sold the tax lien, in the name of the Catalanos, to Sunrise Atlantic LLC. Thereafter, by tax deed, the county clerk conveyed the property to Sunrise. The deed was recorded. Sunrise conveyed the property to Harpagon MO, LLC, which conveyed the property to Don Mason. The Masons recorded the deed. Thereafter, the Catalanos filed a complaint asserting that they were not provided with the required notice to redeem the property before the tax deed was delivered to Sunrise. The circuit court invalidated the deeds of the Masons, Harpagon, and Sunrise and restored title to the Catalanos because Sunrise failed to serve the Catalanos with the statutorily required notice. The Supreme Court affirmed, holding that the circuit court did not err in its judgment. View "Mason v. Smith" on Justia Law