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Thread: Foreclosure - court ordered unlawful partition

  1. #1
    Cyburbian kltoomians's avatar
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    Foreclosure - court ordered unlawful partition

    Hello, friends.

    I'm dealing with a property owner who owns a large tract of farmland. According to deed it is all one legal lot, even though it is composed of several tax lots (3). Approximately 20 year ago there was a sheriff's deed describing foreclosure proceedings, which resulted in a tax lot being deeded over to our State Dept of Water Resources. As far as we're concerned, this was an illegal separation, as they did not go through a formal partition with the County Planning Department (as unfair as it seems). In order to develop the parcel, the property owner will be required to go through a "validation plat" (i.e. apply for a land partition) to correct the illegal split.

    Have you encountered a similar situation? What were the remedies for correcting the issue?
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  2. #2
    Cyburbian estromberg's avatar
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    I don't know what the reason was for the foreclosure, but being that it went to a public/government body the split would have been exempt from the plat act in IL. As such, the resulting lot would be a legally created parcel. Can you provide a little more explanation with regards to the foreclosure/sheriff's deed?

  3. #3
    Mod Gedunker's avatar
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    In Indiana, we wouldn't be able to 1) overrule a judge's legal order, and 2) require the state to meet local zoning requirements. I'd definitely discuss with your attorney any actions your department might take.
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  4. #4
    Cyburbian
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    Quote Originally posted by kltoomians View post
    Hello, friends.

    I'm dealing with a property owner who owns a large tract of farmland. According to deed it is all one legal lot, even though it is composed of several tax lots (3). Approximately 20 year ago there was a sheriff's deed describing foreclosure proceedings, which resulted in a tax lot being deeded over to our State Dept of Water Resources. As far as we're concerned, this was an illegal separation, as they did not go through a formal partition with the County Planning Department (as unfair as it seems). In order to develop the parcel, the property owner will be required to go through a "validation plat" (i.e. apply for a land partition) to correct the illegal split.

    Have you encountered a similar situation? What were the remedies for correcting the issue?
    This may not be OR-specific but I can't imagine too many states that allow this. Nonetheless, your Legal Dept should be handling this IMHO and maybe hopefully there's someone from OR on this board who can chime in.

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