A Connecticut property was sold at a municipal tax sale after the owner failed to pay property taxes. The winning bidder at the tax sale received a tax collector's deed. Six months later, the original owner's heir appears and claims that the tax sale was procedurally defective and that the tax collector's deed is void. The winning bidder had recorded the deed promptly. Under Connecticut's recording statutes and deed law, what is the most accurate statement about the winning bidder's position?
Correct Answer
D) The winning bidder holds title subject to the heir's right to challenge the procedural validity of the tax sale, and recording alone does not cure a void tax sale
In Connecticut, recording a deed provides constructive notice to the world and protects subsequent purchasers under the race-notice recording statute (CGS § 47-10), but recording does not cure a void deed. A tax collector's deed issued pursuant to a procedurally defective tax sale may be void, not merely voidable. If the tax sale failed to comply with mandatory statutory requirements — such as proper notice to the property owner — the resulting deed may be void ab initio, meaning it conveys no title regardless of recording. The winning bidder's title remains subject to challenge by parties who can demonstrate the sale was void. This is a significant risk in tax sale acquisitions, which is why title insurers scrutinize tax sale procedures carefully.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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