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Redemption Procedures to Accompany Tax Reversion Procedures for Opt-Out Counties

REDEMPTION PROCEDURE 1:

Property is still held at the county level and has not yet been transmitted to state. County treasurer therefore receives redemption payments and completes paper redemption form (included in Appendix B of this document). This form is then filed with the county register of deeds and payment of forfeited delinquent taxes, interest, penalties and fees is allocated to appropriate taxing units.

No further action is necessary and the state does not become involved.

REDEMPTION PROCEDURE 2:

Property has been forfeited and parcel records have been transmitted to state. County treasurer therefore receives redemption payments (including $175 and other applicable fees) and completes paper redemption form (same as above, in Appendix B). This form is then filed with the county register of deeds.

Simultaneously, the county treasurer completes on online redemption form within 24 hours of receipt of payment, so the state can update its database and prevent unnecessary title work. The county treasurer also shall submit a weekly report (in Excel format, sample of which is attached in Appendix D ) summarizing all redemption activity for the week. This will allow the county and the state to ensure that no redemption has been missed.

The county treasurer shall ensure that delinquent taxes, interest, penalties and fees is allocated to appropriate taxing units. It is important to note that the $175 fee due to the state must be paid by the county within 30 days of collection.

REDEMPTION PROCEDURE 3:

During the judicial portion of this process, property owners can redeem their interests by making payment in full up until 21 days after foreclosure judgment. The same action steps described in Procedure 2 apply here, with the exception of the fact that some individuals may simply choose to contest the delinquent taxes owed by appearing at the show cause hearing or contesting the circuit court hearing. They may also seek relief in the court of appeals (see Note 15 in this document).

REDEMPTION PROCEDURE 4:

This redemption procedure really doesn’t result in "redemption" at all, but does provide for property owners to receive monetary damages for the loss of their property.

If a judgment for foreclosure were entered, the owners of any extinguished recorded or unrecorded interest in the property would be prohibited from bringing an action for possession of the property against any subsequent owner, but could instead only bring an action to recover monetary damages. The court of claims would have original and exclusive jurisdiction in any action to recover monetary damages, and an action could not be brought more than two years after a foreclosure judgment was entered. Any monetary damages recoverable would be determined as of the date the foreclosure judgment was entered, and could not exceed fair market value of the property on that date.

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Related Content
 •  Tax Reversion Procedure for Opt-Out Counties  PDF icon
 •  Layout of the Parcel and Addressee Information File
 •  County Input File
 •  Tax Reversion Systems Memo
 •  Notes to Accompany Tax Reversion Procedures for Opt-Out Counties

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