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Commission hires tax‑sale attorney amid land‑bank title questions; commissioners discuss sheriff’s deeds and redemption rights
Summary
The commission approved hiring Clint Osterman LLC to handle tax-sale auctions after a detailed discussion about the county land bank’s holdings, title types from tax sales, and limits on warranty deeds and title insurance for properties acquired through tax sale.
Bourbon County commissioners approved engaging Clint Osterman LLC as counsel for tax‑sale work and land‑bank auctions after a prolonged discussion about title quality and how tax‑sale purchases are recorded.
David Hoyt, speaking as a member of the Fort Scott City Land Bank, told the commission the land bank held 57 properties with limited title records. He said the land bank’s discussion with an outside attorney suggested the land bank might be able to bid at tax sales for a nominal fee; Hoyt stated the land bank could obtain titles for a reduced price in some circumstances.
County officials, however, clarified that properties sold at sheriff’s tax sales are conveyed by sheriff’s deed and typically do not carry the warranties a buyer would get from a standard warranty deed. A county attorney and other speakers warned that title companies commonly refuse to insure property purchased through tax sales because of outstanding redemption rights or potential competing claims. Commissioners discussed that shorter or eliminated redemption rights can speed clear title but that heirs and other claimants can still assert rights in some cases; the meeting record noted a 15‑year redemption clock referenced in discussion.
Commissioner David moved to hire Clint Osterman LLC as tax‑sale counsel; the motion was seconded and recorded as approved. Commissioners said the firm conducts tax‑sale services in multiple counties and could help schedule regular sales to incentivize payments and reduce delinquent tax balances. Commissioners also asked staff to coordinate with the land bank and the attorney on whether the land bank can obtain deeds with clearer title and under what statutory authority.
No final legal determination was made at the meeting about whether a land bank can obtain a warranty deed through a tax sale; speakers recommended the county consult title underwriters and the hired attorney to clarify conditions that might allow title insurance or clearer conveyance.
