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County discusses outsourcing tax-foreclosure services and land bank risks
Summary
Attorneys told the Bourbon County Commission that outsourcing tax-foreclosure work can reduce legal challenge exposure if rigorous service-of-process procedures are followed; land bank representatives warned quick-claim deeds and holding unsold properties pose risks and continuing costs.
The Bourbon County Commission heard detailed explanations Feb. 6 about how outsourcing tax-foreclosure litigation works and the legal risks when foreclosed properties move into a municipal land bank.
Christopher McElgin, an attorney with the firm Clint Osterman, told the commission the “primary goal is to get people to come in and pay the taxes,” and that the foreclosure process is designed to give notice to owners and known interest holders so only those who were not properly served could later set aside a sale. He added that buyers at tax-foreclosure sales take property “with notice of all defects” because the courts, not the county, issue the deed in a foreclosure sale.
Why it matters: Commissioners said they are several years behind on pursuing tax foreclosures and are considering outside counsel to bring…
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