Show Me State Premium Homes, LLC v. George McDonnell, No. 22-1894 (8th Cir. 2023)
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Show Me State Premium Homes wants its purchase of a foreclosed property to be free and clear of all other interests, including those belonging to the United States. Getting what it wants would require a “judicial sale.” After removing the case the United States filed a motion to dismiss. Its position was that there could be no foreclosure without a judicial sale. The district court agreed, declined to exercise supplemental jurisdiction over what remained, and remanded to state court.
The Eighth Circuit affirmed the judgment of the district court but modified the dismissal of the ejectment and damages claims to be without prejudice. The court explained that a buyer’s interest is only “inchoate” before it gets a valid deed, not after. And here, title vested once the bond company “exercised its right to have the legal title transferred.” No “judicial sale” ever took place, and it is too late to hold one now, meaning that the interests held by the United States have never been foreclosed.
Court Description: [Per Curiam - Before Shepherd, Erickson, and Stras, Circuit Judges] Civil case. Plaintiff acquired the property in question through a tax sale held under the direction of the county tax collector and brought this action to extinguish the United States' deeds of trust; however, under 28 U.S.C. Sec. 1442(a)(1), the United States' interests could only be extinguished or foreclosed by a judicial sale, and the tax sale did not qualify as a judicial sale.
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