Green Mountain Fence Co. v. Vigario
Green Mountain Fence Co. v. Vigario
Opinion of the Court
Plaintiff, Green Mountain Fence Company, Inc., sought to evict defendants, tenants in the Barton apartment house which is the subject of this litigation. The superior court held that plaintiff lacked a valid claim to the premises, and entered judgment for defendants. We affirm.
Plaintiff purchased its interest in the premises from the United States government. The United States, in turn, traces its title from a party who purchased the property at a properly noticed Barton tax sale conducted on June 15, 1982. On October 8, 1982, the United States obtained title from the Barton tax sale purchaser for the purpose of protecting its interest in two federal tax liens that had been placed on the property prior to the Barton sale. On June 13, 1983, after the purchase by the United States, but less than a year after the Barton tax sale, the holder of a senior mortgage on the property tendered the appropriate amount to the Barton tax collector, and redeemed the property pursuant to 32 V.S.A. § 5260. That section allows a redemption by the owner or mortgagee of lands sold for taxes, or by his representatives or assignees, within one year from the day of sale. Id.
Plaintiff argues that the redemption by the United States was timely and proper and created an unassailable title, which plaintiff then purchased. On the other hand, defendants contend that the redemption by the United States was premature and that the federal government had no interest to convey when it quitclaimed the Barton property to the plaintiff. Defendants argue that the mortgagee remained free to redeem his interest and perfect title.
Under 26 U.S.C. § 7425(d), upon a nonjudicial sale of real property to satisfy a lien prior to that of the United States, the United States may redeem within 120 days from the date of
The trial court properly entered judgment for defendants.
Affirmed.
Reference
- Full Case Name
- Green Mountain Fence Co., Inc. v. John and Linda Vigario
- Status
- Published