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Greene County, Tennessee |
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Greene County, Tennessee |
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CONFIRMATION OF SALE,
entered
July 16, 2019.
IN THE CHANCERY COURT FOR THE STATE OF
TENNESSEE,
STATE OF TENNESSEE FOR THE USE
VS.
Civil Action #s: 20140071
(County's suit) & 20140073 (Town's suit)
DELINQUENT REAL PROPERTY TAXPAYERS T. C. A.
67-5-2501 (c)(1) Within five (5) business days after the conclusion of
the sale, and prior to confirmation of the sale by the court, the clerk
of the court shall immediately file in the case a report of sale or
other notice reflecting the results of the tax sale. (2) The
clerk of the court shall, concurrently with the filing, file the report
or notice with the office of the register of deeds of the county in
which the property is located. The report or notice shall set forth all
results from the sale, or a separate report or notice may be created for
each property sold.
(3) The report or notice shall include, at a minimum, the identification
of the property and defendants contained in the notice of sale as
required by
67-5-2502,
the name of the successful bidder, and the total successful price bid
for each parcel together with the instrument number of the last
conveyance of record. (4) The
report or notice shall be for notice purposes only and shall not be
evidence of transfer of title. (5) Failure
to timely record the report or notice shall not provide grounds to set
the sale aside.
(6) The document shall be exempt from recording fees pursuant to
8-21-1001,
and shall be indexed by the register under
the name of the last owner of record.
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ANCILLARY
REPORT TO: The Greene County Chancery Court
Due
to the unique circumstances surrounding the herein below listed parcel,
the undersigned offers this
Ancillary Report
to describe a bid offer after the subject Tax
Sale.
Sales were made for
cash (or sufficient check)*,
subject to the equity of redemption,
with the purchaser being
totally responsible for contacting Delinquent Property Tax Attorney
William S. Nunnally, Esquire and/or the Clerk & Master, after the said
redemption period, and requesting a
Clerk & Master's
Tax Deed with the said purchaser being
obligated to pay the tax attorney for the preparation of same.
*Insufficient funds negate purchase.
Said sales were being made for the purpose of
satisfying the terms of ORDER(S)/JUDGMENTS for unpaid
2012
County and/or City real property taxes; same being the amount of the
taxes (inclusive of OTHER years' taxes, on the
same realty, that have been turned over to the Clerk & Master by the
County Trustee and/or the Town of Greeneville (since April 1, 2019),
interest, fees, and costs (inclusive of certain publication costs)
against the said respective tracts/parcels of land.
The following parcel of real estate was, by
public outcry by the Clerk & Master
offered for sale "AS IS"
without any warranty, with
an initial bid being, at least, the amount of the debt plus
The Greeneville Sun's
pro rata publication charge of $40.95, as well as an additional fee of
$100
pursuant to T.C.A. 8-21-401(b)(1)(F) for each parcel of property for
which the Court issues an order to sell, as follows:
Current Owner(s)
Virginia Bevill
(Heirs of Mary Ruth Presley) & Randy Hawk &
** [$16,432.27 bid offered by James Lyle
Parton (participating Tax Sale bidder) after the Tax Sale, but
before the filing of this
REPORT.
See also filing of 6/13/19.]
NOTICE TO
SUCCESSFUL BIDDERS
In the event the property is not redeemed, the
Other intervening years' taxes
(i.e. 2018 & 2019* taxes) may remain unpaid in the office of the Greene
County Trustee, NATHAN HOLT, located in the County Courthouse Annex at
204 Cutler Street (concerning county taxes), as well as in the office of
the City Recorder, CAROLYN C.
SUSONG, at Town Hall located at 200 N.
College Street (concerning city taxes).
**Other costs may be applied, as well as certain
interest accrue on same;
and, the 2018
*2019 taxes cannot be paid until October 7, 2019. REIMBURSEMENT OF PAYMENT OF
INTERVENING YEARS' TAXES IS NOT GUARANTEED BY THE CLERK & MASTER OR THE
DELINQENT TAX ATTORNEY, IN THE EVENT OF REDEMPTION.
REDEMPTION PERIOD
SUCCESSFUL BIDDERS should consult legal
counsel, regarding their rights with respect to a redemption, as there
has been a change in the law pertaining to the redemption period.
Only certain parts of the law are set
out below; and, the Clerk & Master's Office cannot give legal advice. Pursuant to T.C.A. 67-5-2701: Redemption procedure [effective: April 18, 2019] (a)(1)(A) Upon entry of an order confirming a sale of a parcel, a right to redeem shall vest in all interested persons. The right to redeem shall be exercised within the time period established by this subsection (a) beginning on the date of the entry of the order confirming the sale, but in no event shall the right to redeem be exercised more than one (1) year from that date. The redemption period of each parcel shall be determined by the court prior to the tax sale of the parcel and may also be stated in the order confirming the sale. (B) Unless the court finds sufficient evidence to order a reduced redemption period pursuant to this section, the redemption period for each parcel shall be one (1) year.
(C) The redemption period shall be determined for each parcel based on the period of delinquency. Once the period of delinquency is established, the redemption period shall be set on the following scale: (iii) If the period of delinquency is eight (8) years or more, the redemption period shall be ninety (90) days from the entry of the order confirming the sale. (b)(1) In order to redeem a parcel, the person entitled to redeem shall file a motion to such effect in the proceedings in which the parcel was sold. The motion shall describe the parcel, the date of the sale of the parcel, the date of the entry of the order confirming the sale and shall contain specific allegations establishing the right of the person to redeem the parcel. Prior to the filing of the motion to redeem, the movant shall pay to the clerk of the court an amount equal to the total amount of delinquent taxes, penalty, interest, court costs, and interest on the entire purchase price paid by the purchaser of the parcel. The interest shall be at the rate of twelve percent (12%) per annum, which shall begin to accrue on the date the purchaser pays the purchase price to the clerk and continuing until the motion to redeem is filed. If the entire amount owing is not timely paid to the clerk or if the motion to redeem is not timely filed, the redemption shall fail. (d) The purchaser may within thirty (30) days after the mailing of the notice of redemption, file a response seeking additional funds to be paid by the proposed redeemer to compensate the purchaser for amounts expended by the purchaser for the purposes set out in subsection (e). The response shall specifically set out the basis for each category of additional funds claimed. The response may also allege that the motion to redeem was not properly or timely filed. If no response is timely filed, the court shall determine whether the redemption has been properly made, and if so, shall cause an order to be entered requiring the proposed redeemer to pay additional interest at the rate set forth in subsection (b), accruing from the date the motion to redeem was filed until the date of such payment
RE:
REDEMPTION All of which is respectfully
submitted this the ______ day of JUNE, 2019.
KAY SOLOMON ARMSTRONG, J.D.
CERTIFICATE OF SERVICE William S. Nunnally, Esquire
Kay Solomon Armstrong, Clerk & Master
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