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Barbara Lee Caldwell represented Maricopa County
and the County Treasurer in the trial and appeal of tax lien dispute
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Barbara Caldwell's
Appellate Victory Reaffirms Importance of Due Diligence in Buying Tax Liens
On July 17, 2007, the
Arizona Court of Appeals ruled in favor of the Maricopa County Treasurer and
Maricopa County in a case regarding the sale of tax liens.
Aiken Schenk's
Barbara Lee Caldwell represented the
County and the County Treasurer in PLM v. Schweikert, which
affirmed that, pursuant to Arizona law, a County Treasurer is not liable for the
sale of a tax lien that may later be found invalid. The Court ruled that the
County Treasurer has no statutory duty to determine the validity of tax liens
that the Treasurer sells. The Court also held that rescission does not apply to
tax lien sales.
The Court determined
that purchasing tax liens involves risks and that it is the duty of the
purchaser to protect its interest. This should be a practical reminder to
purchasers of tax liens to do their homework in checking out the property prior
to a purchase.
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