MADISON COUNTY, TENNESSEE, ET AL.
DELINQUENT TAXPAYERS FOR 2012, ET AL.
Assigned on Briefs April 3, 2018
from the Chancery Court for Madison County No. RD71681 James
F. Butler, Chancellor
appeal involves the right of redemption after a tax sale.
After the tax sale occurred, the original property owners
purportedly conveyed their right of redemption to a third
party through a contract of sale and quitclaim deed. The
third party filed a motion to redeem the property. The trial
court denied the motion to redeem, concluding that the third
party did not meet the relevant statutory definition of a
person entitled to redeem the property. For the following
reasons, we affirm and remand for further proceedings.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
G. Hyde, Murfreesboro, Tennessee, Pro se.
J. Solomon, Duluth, Georgia, for the appellee, First
Tennessee Bank National Association.
Brandon O. Gibson, J., delivered the opinion of the court, in
which Charles D. Susano, Jr., and Richard H. Dinkins, JJ.,
BRANDON O. GIBSON, JUDGE
Facts & Procedural History
and Regina Sills owned a home in Jackson, Tennessee. At a
delinquent tax sale on March 10, 2016, the property was
purchased by H&W Development for $150, 000, subject to
the right of redemption. The tax sale was confirmed by decree
of the court on March 31, 2016.
April 22, 2016, Mr. and Mrs. Sills entered into a contract of
sale with Thomas Hyde. The contract stated that Mr. and Mrs.
Sills were the former owners of the property sold at the tax
sale and that they desired to sell to Mr. Hyde for the sum of
any and all rights, if any, maintained by the Seller in and
to the Property or any rights arising out of or relating to
the aforementioned delinquent county tax sale of the
Property, including but not limited to the right to redeem
(ie. repurchase the property upon payment of back taxes,
penalties, costs and interest) via Tenn. Code Annotated
67-5-2701 et seq[.]
connection with the transaction, Mr. and Mrs. Sills executed
a quitclaim deed to Mr. Hyde, which stated, "It is the
intent of the Grantor by this instrument to convey any and
all rights that the Grantor may have arising from T.C.A.
67-5-2701 et seq. to the Grantee[.]"
Hyde immediately filed a motion for redemption of the parcel
and tendered the sum of $19, 437.11 to the court,
representing the taxes, interest, and other sums due and
owing. Mr. Hyde asserted that he was entitled to redeem the
property due to ...