Q Is the chancery clerk allowed to unilaterally set aside a tax sale due to a defect in the sale procedure?
A No. The chancery clerk does not possess the statutory authority to void a tax sale once it has been made. However, if the tax sale was struck off to the state because there was no purchaser at the tax sale, the chancery clerk could act under the provisions of Section 29-1-29, to request authority to strike such tax sale. (Attorney Generalís Opinion to Smith dated July 23, 2010)