Void deed of redemption prevents barment until set aside
A novel problem recently faced the Court of Appeals, when it needed to decide whether a tax deed purchaser could conduct a barment, after it had mistakenly recorded a void Quitclaim Deed of Redemption to the Defendant in Fi.Fa.
The decision was pragmatic and noted that, if a party did want to redeem in that situation, the Quitclaim Deed of Redemption would confuse the redeeming party regarding whether the tax deed purchaser truly had the right to conduct a barment.
Nevertheless, the Court of Appeals did recognize that the tax deed purchaser still had rights because the Quitclaim Deed of Redemption in this case was void. (It was void because it was based upon a redemption by a purported lienholder which actually lacked the right to redeem). Essentially, the remedy for the tax deed purchaser would be to have a Court set aside the void Quitclaim Deed of Redemption. The Court of Appeals did find that it was insufficient to merely record an Affidavit claiming the Quitclaim Deed of Redemption to be void.