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In 1998, Ray Smith purchased her property at a mortgage lender's foreclosure sale. But she failed to record her deed.

For several years, she then forgot to pay the property taxes on the property. In 2005, the county tax collector sold the property for unpaid property taxes. The successful high bidder at the tax sale paid more than the amount of unpaid property tax.

Although Smith was not the legal owner of record because she failed to record her foreclosure deed before the tax sale, she sued the county for the surplus proceeds exceeding the amount of property taxes owed.

The county attorney responded that because Smith was not the legal titleholder at the time of the tax sale, she was not entitled to the excess...
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