Procedure for purchaser to obtain deed; evidentiary effect of superintendent's deed

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48-531. Procedure for purchaser to obtain deed; evidentiary effect of superintendent's deed

A. At any time after the expiration of twelve months from the date of sale, the superintendent shall execute and deliver to the purchaser, or his assignee, on his application, if he has fully complied with this section, a deed to the property sold, in which shall be recited substantially the matters contained in the certificate, any assignment thereof, and that no person has redeemed the property.

B. The purchaser or his assignee shall at least thirty days before application for a deed, serve upon the owner, and if the property is occupied, upon the occupant, a written notice that the property, giving the description, has been sold for a delinquent assessment, specifying the improvement for which it was made, the amount for which it was sold, the amount necessary to redeem at the time of giving notice, and the time when the purchaser or assignee will apply to the street superintendent for a deed.

C. If the owner cannot be found, after due diligence, the notice shall be posted in a conspicuous place upon the property at least thirty days before the time stated therein of the application for a deed. The applicant shall file with the superintendent an affidavit showing that notice of the application has been given, as required by this section, and if the notice was not served on the owner personally, that due diligence was used to find the owner.

D. If redemption of the property is made after the affidavit is filed, and more than eleven months from the date of sale, the person making the redemption shall pay for payment to the purchaser, three dollars in addition for service of notice and making the affidavit.

E. The deed of the superintendent shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.


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