TFLTC, LLC v. Ford
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In this case arising from five separate tax lien foreclosure actions the Supreme Court held that reasonable fees and costs incurred after a redemption certificate has issued that were a direct and necessary result of completing that redemption are recoverable even though those expenses were incurred after the redemption.
After TFLTC, LLC purchased five liens on five properties it filed an action to foreclosure each property owner's redemption rights. The owners eventually redeemed their tax liens, and certificates of redemption issued. Thereafter, TFLTC sought to recover attorney fees and costs in each separate case pursuant to Ariz. Rev. Stat. 42-18206. Relying on Leveraged Land Co. v. Hodges, 226 Ariz. 382 (2011), the trial courts awarded only fees and costs incurred before redemption. The Supreme Court reversed in part, holding that reasonable fees and costs arising from the redemption itself are recoverable even though the expenses were incurred following the redemption.
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