Wylie v. Patton

WALTERS, Chief Judge.

This is an appeal in a quiet title action. It involves real property acquired by a county for delinquent taxes, the interest of a beneficiary of a recorded deed of trust who did not receive notice in advance of the county’s proposed acquisition of title, and the subsequent sale of the property by the county at a public auction. We conclude that the trust deed beneficiary was denied due process and that his security interest in the subject property therefore remains in effect. We hold that the district court erred in quieting title to the property in the county’s grantee,…