One common myth is that the prior property owner will receive the surplus of any bid over the unpaid taxes. It’s possible, but not that likely. The order of priorities for any surplus is:
- Government agencies with liens on the property;
- Mortgage holders and other lien holders in order of date priority;
No, in fact there is a process whereby we can file a Complaint for Unlawful Detainer along with the Quiet Title Action following a foreclosure sale or tax deed sale for instance. You do not need a separate eviction and you do not have to wait for the person to be out before you file to quiet title.
How long following a judgment against a mortgage company must I wait to quiet title?