Family interested in repurchasing foreclosed Huntington property told probate path is required

5570674 · July 16, 2025

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Summary

County staff told commissioners a family seeking to buy back a tax-foreclosed property in Huntington must proceed through probate or bid at public auction; statute allowing sale back to a prior record owner applies only to estates, not direct family members.

Baker County staff updated the board July 16 on inquiries from family members seeking to buy back a tax-foreclosed property in Huntington where the record owner is deceased.

County counsel-style staff explained that state statute permits the county to sell foreclosed property back to the prior record owner or to the estate under certain calculations, but that the statute’s sale-back provisions do not apply directly to non-record family members such as grandchildren. “That statute doesn't apply to this situation because those family members are the prior record owner,” staff said, adding that if an estate or probate were open the county could calculate a sale price under the statute and bring the matter to commissioners to set a price.

Staff said the calculation for a potential sale would include past taxes, interest, foreclosure-related fees and statutory interest (statutory rates were discussed as part of the county’s internal calculation). Family members were advised to consult an attorney if they wish to pursue an estate-based sale; alternatively, any family member can bid on the property if the county proceeds to public auction.

Why it matters: commissioners indicated willingness to review options but said statutory requirements and probate processes limit immediate sale to non-record-family members. County staff will continue communications to explain legal next steps to the family.