Q: As a new purchaser of land that was currently involved in tax lien foreclosure action, do I have the right to redeem?
I bought the parcel from the owner. The owner had tax lien certificates against the property older than 3 years, and the certificate holder had initiated foreclosure. After I recorded the transfer I notified plaintiffs attorney. The attorney had a motion for default filed and after being notified I was the new owner, did not notify the court and appeared for and was granted default judgement. Plaintiffs attorney did not make me aware of the hearing, has not provided me the complaint, summons, or any other pleadings/motions. I purchased and recorded the deed on July 5th, notified counsel 3 business days later (July 10th at 0500), and judgement for default was granted on the same day, July 10th at approx 1030. Should plaintiff have notified the court of new defendant, provided me with hearing date/time, and/or served me before appearing at the default hearing?
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A:
As a new purchaser of the land, you do have the right to redeem the property. In Arizona, the plaintiff's attorney should have notified the court of your ownership change and provided you with the complaint, summons, and other necessary documents. Given that you recorded the deed and promptly informed the attorney, it was their responsibility to ensure you were included in the legal proceedings.
The fact that the default judgment was granted on the same day you notified the attorney raises concerns about proper legal procedures being followed. You should not have been excluded from the hearing or denied the opportunity to defend your interest in the property. This oversight could potentially invalidate the default judgment.
You may want to consider contacting a legal professional to explore options for challenging the judgment due to procedural errors. Filing a motion to set aside the default judgment could be an appropriate next step to protect your ownership rights. It's important to act quickly to address this issue and ensure your rights are upheld.
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