June 10, 2021 at 1:12 p.m.
Reuvers hired to represent Cass sheriff in pending lawsuit
The sheriff and a private property owner are being sued, because the buyer of the property owner's land has been unable to record the land sale due to insufficient documentation about the land ownership, according to Cass Chief Financial Officer Larry Wolfe.
The sheriff has been involved in the dispute, because the sheriff is the person scheduled separately to conduct a tax forfeiture sale of the property Jan. 23.
The property has a Torrens title. Such titles require more specific verification of land ownerships through the years than other types of titles.
Shirley Carolyn Benson, who died in 2013, is listed owner of the property.
Her only surviving son, Timothy Charles Benson, Anoka, attempted to sell the family's Cass County property via quit claim deed June 9, 2014, to Selable Purchasing LLC. It is Selable Purchasing who is suing Timothy Benson and the sheriff.
Selable states the Cass County recorder has refused to record the quit claim deed or to change the certificate of title to reflect their purchase of the property from Benson, stating they have attempted to fix any irregularities and to clarify their interest by filing two claims of unregistered interest.
Selable seeks a court declaration that it now owns the property.
Timothy Benson, as his mother's survivor, would be the person eligible to pay back taxes and redeem the property from tax forfeiture. He also would need to provide documentation that the property has succeeded to his ownership to clarify the dispute.
Selable would not be eligible to repurchase unless it is deemed the owner.
Wolfe said it is the county's hope this can be resolved without going to court.
Cass County's legal expenses are not covered in this case through their Minnesota Counties Intergovernmental Trust insurance program, so the board had to authorize a county expenditure to pay for Reuvers to represent the county and sheriff.
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