Stranger Pays Back Taxes On Nursing Home-Bound 92-Year Old Alzheimers Patient's Vacant House, Then Rents It Out In Attempt To Lay Claim To Property

In Boise, Idaho, the Idaho Statesman reports:

• On May 16, 2007, David Foldesi walked into the Ada County Courthouse and paid $8,875.62 in delinquent property taxes on [92-year old Marcella] Boylan's house. Both Boylan and her husband, Dudley, who died in 2005, had faced serious health problems - and the costs added up. When the taxes weren't paid on the house, the county started the steps toward putting it up for public auction - a process called a tax deed sale. The online auction was scheduled for May 19-21, 2007.

• Once the county starts the tax-deed process, the county takes ownership of the property until it is sold or the delinquent taxes are paid, whichever comes first. In Boylan's case, the delinquent taxes were paid, by Foldesi, just three days before the auction. Once the delinquent taxes were paid, the county canceled the auction and granted a "redemption deed" to Boylan. Foldesi is named in the redemption deed as the person who paid the delinquent taxes.

• But a redemption deed does not convey ownership of, or access to, a property - and neither does paying somebody's property taxes, county officials say. When Foldesi paid the taxes, that did "nothing more in this case than cancel the tax deed and all related proceedings," Ada County Treasurer Cecil Ingram said.

• Foldesi thinks differently. When asked who gave him permission to rent out Boylan's house, he said: "The owners. Who are the owners? The tax deed holder." But neither Foldesi nor anyone else can hold a tax deed to the house, because there is no tax deed for this property, according to the county.(1) Only if the house had gone to auction could someone have bought the tax deed, which would have given that person ownership over the home. Some states do sell tax deeds or tax liens without an auction giving ownership to the person who pays off the tax bills. That may be part of the confusion.

For more, see Stranger rents out Boise woman's home without her permission (A Boise house belongs to a nursing-home resident, officials say, but a man profits from renting it out).

(1) Not surprisingly, Foldesi reportedly spoke only briefly to the Statesman before hanging up. He has not returned subsequent calls, including requests to see a tax deed for the house or a certificate of sale from the county, according to the story. DeedContraTheft hijack