Bulletin: MT2017001

Dear Associates:

Over all, the 2017 Legislative Session was relatively mild for our industry. Once we overcame (again) the effort by some to pass a condominium conversion/revocation statute, not much else happened that impacted us. New legislation passed that affected water changes and the process for updating water transfers (HB48 and 49) and revised the property valuation appeal process (SB126). 

The following is a summary of legislation that was passed during the 2017 legislation.

SB 77.  This Bill amended Section 15-18-212, which deals with property tax sales by changing property title guarantee to “litigation guarantee” and requiring that the litigation guarantee prepared by the title company include a list of the identities and addresses of the parties of record that have an interest or possible claim of interest in the property being sold by the county clerk or recorder.

HB 18.  This Bill revised the process for the sale of a tax lien and issuance of a tax deed and revised notification requirements relating to the attachment of a tax lien and the issuance of a tax deed. The list of the real property taxes that have been delinquent that is to be provided by the county treasurer to the county commissioners will now include taxes that have been delinquent for 5 years or more - striking out 10 years or more. The county treasurer must now attach a tax lien no later than the first working day in August to properties on which the taxes are delinquent. Upon attachment of a tax lien, the county is the possessor of the tax lien unless the tax lien is assigned.

SB 219.  This Bill amended 76-3-201 Exemptions for certain divisions of land by adding a new paragraph 4 which states that if a parcel of land was divided into several parcels and then one of the parcels was conveyed by the landowner to another party without foreclosure before October 1, 2003, the conveyance of the remaining parcel is not subject to the requirements of the statute.  

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