The interest of _________________ ("Taxpayer") acquired by deed dated ______, recorded ______________, was subsequently conveyed by Tax Deed dated ____________, recorded ________. The Company requires for its review:
(a) quit claim deed from the Taxpayer and discharge or release of lien from all lienholders of record, if any;
(b) quiet title final judgment extinguishing the interests of the Taxpayer and all lienholders of record, if any, together with all proofs of service supporting this court action; or
(c) certification acceptable to the Company confirming compliance with all applicable state laws and due process requirements relating to the tax foreclosure.
At that time, the Company may make additional requirements or exceptions.
Comment: You should raise this requirement if the tax foreclosure was a summary (nonjudicial) sale in order to confirm that all rights of the taxpayer and other lienholders have been extinguished. You should raise this requirement after a judicial tax foreclosure proceeding if there is any question about the propriety of the foreclosure - e.g., notice to the taxpayer - which might cause the foreclosure to be defective. If appropriate, you may modify the initial recital to conform to your jurisdiction's tax foreclosure procedures. For example, you may wish to reference a "Judgment of Foreclosure in favor of a governmental unit" instead of a "Tax Deed" if that is the mechanism used to transfer title from the Taxpayer.
A certification confirming compliance with applicable foreclosure procedures (referenced in section (c) above) may be relied upon to satisfy this requirement only if:
(1) your state has issued a Bulletin authorizing such use, and
(2) the certification is provided by a source acceptable to STGC.
A certification from the following source(s) is/are acceptable:
Tax Title Services
600 Anton Blvd, 11th Floor
Costa Mesa, CA 92626
Phone: (714) 371-4041
Fax: (714) 371-4189
Please refer to the specific Bulletin issued for your state, or contact your state, district or division counsel. If no Bulletin has been issued for your state, please delete section (c).
The county clerk will require the instrument that conveys fee title to a tax-exempt government transferee be accompanied by a certificate issued by the county assessor attesting that all charges against real property as of the date of recording have been paid pursuant to Chapter 96, Oregon Laws 2015 (House Bill 2127).
Taxes and assessments that become due and payable subsequent to Date of Policy.
Comment: This is a general exception to subsequent taxes and assessments.
Taxes and assessments that become a lien against the Land after Date of Policy. The Company assumes no liability for tax increases occasioned by retroactive revaluation, changes in the land usage or loss of any principal residence exemption status for the Land.
Comment: In commercial transactions or in those instances where the property is determined to be non-homestead, the exception may be modified to remove the wording "...or loss of any principal residence exemption status...". Otherwise, the rest of the exception should remain the same.