Rogue Real Estate Investor Collection

Rogue Real Estate Investor
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ONE
The Truth about Real Estate Investing
others never touch it at all.”
a
nonymous
So, you are thinking of investing in real estate or you own a house and would like to buy some
rental property.
Doe
sthe
phrase
"caveat emptor" sound familiar?
Let the buyer beware!
Real
estate investing, including owning your own hom e, is a great way to enjoy a piece of the
American Dream, but it comes with a price.
Rarely have I seen a realistic portrayal of both t
he good and the bad sides of real estate
investing.
Many late night infomercials and countless books would have you believe that "no
money down" and creative financing techniques can take you fr om rags to riches with little more
than the classified adverti
sements, a phone and a quick appointment to consummate the deal.
On the other hand, friends, family and even the Wall Street gurus will tell you t hat real estate
investing is just not a good idea. It’s not a liquid investment.
The tax advantages were tak
en
away in 1986.
Renters are all low
-
life, societal rejects who are intent on destroying your property
and living in your rental house for free.
As is usually the case, the truth lies somewhere in between.
Few people will argue that owning
your own home
is a bad idea.
After all, it is a forced method of investing in a financial instrument
that you can see and feel, and the taxes and insurance are even deductible.
What about all the other ways to invest in real estate?
Contrary to what most people t hi
nk, there are many different ways to invest in real estate:
x
If you are a passive investor who desires a low
-
risk investment with almost no hassles
that consistently returns about 15 percent per year, Real Estate Investment Trusts
(REITs) might be your t ic
ket.
x
If you do not
mind doing a little research, making some phone calls and possibl y going to
an auction, t hen tax lien certificates might interest you.
x
If you are ready to get your hands dirty, but loathe the prospect of dealing with renters,
then yo
umightlikebuyingundervaluedrealestate
that you c an fix
up for a tidy profit.
x
Finally, if you have enough courage to deal with renters, consider letting someone else
pay down a m ortgage and leave you with a handsome nest egg.
As you can see, I’ve on
ly presented a few options for investing in real estate. I t is m y opinion
that real estate should be an important part of an investor’s portfolio.
Why?
First, land i s a
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precious commodity that is m ore or less finite during our lifetime.
The population of t
he world is
growing and we will need more land t o support the voracious demands of the human species.
Second, natural resources such as lumber and building supplies are dwindling.
With fewer
supplies, prices are rising and existing homes are becoming more
valuable.
Finally, real estate
is one of the few investments
where
you can use a little of your money and a lot of someone
else’s money (i.e., a mortgage company) to control a large investment.
Now, let’s get back to the truth about real estate investing
.
As a real estate investor, I have read
many books on the subject.
Ihaveattendedseminarsandclasses,andIhavepurchasedmore
than one of the infomercial programs.
There is a lot of good inf
ormation to be learned from
these
material
s
;however,mostr
eal estate courses come at a hefty price. In the end, nothing
works better than learning it on your own.
What are the benefits of real estate investing?
First, you make money through net cash flow, principal or equity, appreciation, and tax
advantages.
If you choose to be a landlord, your net cash flow is the difference between what
you charge for rent and the monthly mortgage payment, including principal, interest, taxes and
insurance. Unless you
purchase
the property at well below market value, it is
agoodruleof
thumb to make at least $100 p er month to offset the occasional repairs, fix
-
up costs, and move
-
in/move
-
out costs.
Equity is the amount of the original purchase price that you are actually paying off each month.
The shorter the mortgage ter
mandthelowertheinterestrate,themoreequityyouwill
accumulate.
Appreciation is by far the best part of real estate investing. Time is your f riend. By investing in
"bread and butter" houses (a t erm I picked up from R obert Allen [1990]) in good loc
ations, the
value of your house will rise each year. The better the location is, given a good economy, the
higher the appreciation. In my area of Johnson County, Kansas (a suburb of Kansas C ity,
Missouri), houses have appreciated
an average of
7percentpe
ryearfor
many
years. Although
that may not sound spectacular to those of you in markets such as Los Angeles, Phoenix, Las
Vegas or Miami, it has been very consistent with
minimal
downturns.
As of 2008, the
se same
markets that many investors thought could
never go down are experiencing severe corrections.
Finally, tax advantages include the following deductible items: depreciation of the property and
other equipment, taxes and insurance, repairs and supplies, mileage, and office supplies used
for the pro
perty.
That sounds pretty good so far. Are there any disadvantages?
You bet! First, if you buy a house using creative financing or if you buy a repossessed home,
you are in for some fun times. Get ready for cleaning, painting, replacing carpeting, remov
ing
trash, mowing, raking, repairing plumbing, in stalling fixtures, replacing furnaces or air
conditioners, and whatever else is needed to get the property sold or rented.
IrecallaVeteransAdministration(VA)repossessedhomethatmywifeandIbough
tinJanuary
1996. While f ixing it up, we heard several loud creaking sounds that eventually were followed by
water spewing from broken copper pipes. Had we not been working when the water pipes
thawed, the house would have been flooded. Luckily, the VA pa
id the plumbing bill because the
pipes were apparently f rozen when we bought the house.
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Next, advertising f or and securing a decent renter can be expensive and time consuming. The
screening process for renters is often an arduous process of phone calls, s
creening, and
crossing your fingers. If you are not nervous about renting your property, I suggest watching the
movie
Pacific Heights
.Regardlessofwhatyourleasesays,rentershaveinherentrightsand,in
the unfortunate event of eviction, you often los
e.
Repairs are the Achilles heel of the rental game. After purchasing m y first rental property, a
continuously clogged sewer line led to installing a new line. Thank you very much
there went
all of m y annual net cash flow (approximately $1,200) in one f
ell swoop.
Finally, if you think t hat selling a property is as easy as a classified advertisement and a sign in
the yard, you are wrong. O nce a property has been labeled a rental house, its inherent value is
slightly low
er than owner
-
occupied houses. And
e
ven in a good market most buyers use a real
estate agent. Why not? It’s free after all.
The seller has to pay the realtor fees, right?
In
actuality, the fees come from the real estate transaction and it may appear to be free, but really
both the buyer and
seller are paying the fees.
If I haven’t scared you away, then let’s get starte
dwiththe
10 Steps to Getting
i
n
the Game.
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TWO
10 Steps to Getting i
n the Game
“If you fail to plan, you plan to fail.”
old saying
Step 1: Goals
What a
re goals? Goals are plans that we intend to achieve. Goals m ay change t hroughout our
lives as our values change. Although you may not r ealize it, everyone has goals. F or mos t
people, goals are unwritten. Your daily goals may be to wake up on time, m ake it
through work,
and spend time with your f amily or f riends.
Short
-
term goals for a real estate investor may include calling at least five property owners per
week or making at least one offer on a property this month. Long
-
range goals may be to own
and op
erate 10 rental properties, invest in one REIT mutual fund
,
or attend one foreclosure or
tax lien auction. You may aspire to
long
-
term goals
such as owning a company, writing a book,
or traveling around the world. These goals may seem unattainable, but
you
can begin
by
achieving small
er
goals.
Stop for a few minutes and think about your
long
-
range
goals. Now write them down in the
space provided below. Make sure that your goals are specific and measurable. Notice that a
column is provided for a date by whi
ch you wish to achieve the goal.
Goal
Date to Complete
Now consider your short
-
term goals. Are they in alignment with your long
-
term goals? Each
short
-
term goal should be a brick
used to build a
long
-
term goal.
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The most famous e
xample of a study done on goals was completed on the 1954 graduating
class at Yale. The study concluded that the 3 percent of the students who had written goals
earned m ore money than the other 97 percent combined, who either lacked goals or had not
formal
ized them (Zig Ziglar, 1995).
Comedy genius Jim Carrey ha
donehugegoal:
to become an actor. He was so convinced
he
would achieve
this that he wrote his goal as a check to himself in the amount of 1 million dollars.
As it turned out, he received his fi
rst m ovie role for that amount just before t he date on his
check. Now that's a goal you can "take to the bank."
Ihavereadmanybooksthatstresstheimportanceofformalizedgoals;however,veryfewever
get to the heart of the purpose of goals. Stephen
Covey's book
The 7 Habits of Highly Effective
People
(1990) has a great discussion on creating a personal mission statement. Many
businesses, in fact, have mission statements. A personal m ission statement simply describes
your purpose. Let me share with y
ou part o
fmypersonalmissionstatement:
My mission is to live a complete and satisfying life, loving others
and loving myself, inspiring others and challenging myself, giving
to
others and satisfying myself.
My hope is that in some small way
my presence
makes a positive difference in the w orld.
Ihavealsoidentifiedpersonalmissionstatementsforvariousaspectsofmylife,suchasbeing
afather,husband,friend,professional,etc.Mygoalsshouldalwaysbeinalignmentwithmy
personal mission state
ment.
Step
2: Get Your Personal Finances
in
Order
If you are thinking about any form of hands
-
on real estate investing, such as buying a home to
fix up or purchasing a rental property, you will quickly find out that you must get your personal
finances i
norder.
Check your credit history
Bank
s
and mortgage companies will check your credit history. Wouldn’t it be nice to know
yourself what’s going on? Even if you have excellent credit, the credit bureaus
often
will have
mistakes on your credit profile.
According to the Fair Credit Reporting Act, you may be entitled to receive a free copy of your
personal credit report if you have been
denied
credit, employment or housing in the last 60
days, or if adverse action has been taken against you in the last
60 days. Some state laws
require free reports or even a reduced fee for consumers in their states.
You are also entitled to receive a free annual credit file from each of the national credit reporting
companies. For more information, call (877) FACTACT o
rvisit
http://www.annualcreditreport.com
.
There are three major credit bureaus to check:
1.
Experian (formerly TRW)
http://www.experian.com
.Foronly$
15.00
you
can check
your credit profile
and credit score
online, print it or save it to your computer.
It is quite
interesting to see what you’ve b een up to and what the credit bureaus see. You may be
able to receive a free copy, so check that first by calling this
number:
(866) 200
-
6020
.
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Otherwi se, contact Experian by phone at
(888
)
397
-
3742
or by postal mail at
475 Anton
Boulevard, Costa Mesa, CA 92626 or 955 American Lane, Shaumberg, IL 60173
.
2.
Equifax
http://www.equifa
x.com
.
You can order your personal credit profile
plus your
FICO (Fair Isaac Corporation) credit score
online for a $
1
5
.95
service fee
.
To use
Equifax’s self
-
service line, contact them by phone at (800) 685
-
1111. A request by postal
mail can be sent to Eq
uifax
Credit
Information Services,
Inc.
,P.O.
Box 740241, Atlanta,
Georgia 30374.
3.
TransU
nion
http://www.transunion.com
.Likeitscompetition,youcanorderafullcredit
report
,includingcreditscoreandde
bt analysis
.TorequestacopyofyourTransUnion
credit rep
ort by phone, call
(800)
888
-
4213. You may also order your credit report b
y
mailing your request t o TransU
nion, P.O. Box 2000, Chester, Pennsylvania 19022.
Note:
You can also purchase a
three
-
in
-
one
credit report
that contains reports from a
ll three
c
redit
b
ureaus for approximately $30
to $40. All three credit bureaus now offer mo nthly credit
monitoring as well.
Now, what happens if you find a mistake? Contact the credit bureau by certified lette
rand
explain what the discrepancy is. Be sure to attach a copy of the disputed report. The credit
bureau will then respond within approximately 30 days
.If
the item is a mistake, then the bureau
must remove it from your report.
For legitimate problems
that remain on your credit report, prepare a typewritten response that
you can provide when applying for a loan. For example, if you missed a few payments because
of a death, divorce, bad business loan, etc., be honest and explain what happened and why it’
s
not a problem now.
For more advanced m ethods of achieving superior credit or helping others with credit education,
visit
http://www.rogueinvestorcrediteducation.com
.
Set up a personal fili
ng system
Iknowthissoundsalittleobsessive,butyouwontbelievehowmuch
the following
has helped
me
to
maintain my personal finances over the last 1
2
years.
Purchase several
folders and label
each according to major categories of expenses or other
important information. Place the
folders in a file box or cabinet. You will need a separate f older for each account, such as bank
accounts, utilities, mortgages, credit cards, tax information, automobile expenses, loans,
warranties, investments, etc. Star
tfresheachyearsoyouwillhaveyourpersonalfinancial
details by year and category.
Instead of looking in a drawer or box, I
can look up my utilities in 2000
if I need to. I can check
my Visa account for 1998 if someone has a question. Of course, mos
timportantlyyouwillneed
access to your tax information.
With affordable business and accounting software available, now may be the time to automate.
Calculate your net worth
N
ext
,
figure out how m uch money you have and how much you are in debt. A fa
ncy term for this
is called “net worth.” G ather your c redit rep orts and your latest statements from banks, creditors
and others. The simplest way to think about it is to divide your life into what you
own
and what
you owe:
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What You Own (Assets) =
Persona
lProperty+CashandSavings+RealEstate
What You Owe (Debt
or Liabilities
)=
Loans + Credit Card Debt + Real Estate Mortgages
Net Worth =
What You Own
What You Owe
What you own includes personal property such as available cash on hand, pennies
in jars,
furniture, jewelry, appliances, electronics, kitchenware, tools, lawnmowers, clothes, blankets,
toys, etc. Think about what you have in terms of replacement. In other words, if a fire or natural
disaster wiped out your home, what would you lose? Y
ou may be surprised. To be fair, you
should really use a fair market value or discounted value of what your personal property is
worth.
If you have any vehicles, find their blue book” value. You can visit your public library and ask to
see the
Kelley B
lue Book
,oryoucancheckonlineby
visiting
http://www.kbb.com
.
Next
,
look at any and all savings accounts, checking accounts, mutual funds, stocks, bonds and
other saving instruments. Find your latest statement and
record how much you have saved.
Finally, if you o wn a house, rental properties, time
-
shares or any interest in real estate,
determine a fair market value using one of the methods shown in Chapter 4. If you only own a
percentage, be sure to account for tha
t. For married couples, you will usually include both
spouses’ property and calculate one net worth.
Of course, the sobering truth comes when you calculate what you owe. First, go through all of
your personal property, including vehicles, and write down
all of your loan balances. Now take
all of your credit card debt and other credit lines or loans and jot down all of your latest
balances. Finally, find out the payoff balance on your house
and/
or any other real estate.
Here is an example of an easy way
to calculate your own net worth using a spreadsheet. You
can also do this on paper very easily. First
,
itemize
all of your
assets
and
liabilities
i
non
e
column.
For each item, input the value of what you own
(asset
)
or the value of
what you owe
(debt
or li
ability
)
in separate columns
.Subtractthe
assets
column from the
liabilities
column to
come up with the net value of each item. Finally, add all of the items in t he net value column to
come up with your net worth. Notice that some items will be negative (
this is especially true with
credit card debt).
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Net Worth Example
John and Shelly Heineman
Item
Assets
Liabilities
Net Value
Cash
$200
$0
$200
Jewelry
$2,500
$495
$2,005
Furniture
$3,000
$2,450
$550
Tools
$1,000
$0
$1,000
Riding Lawnmowe
r
$2,250
$925
$1,325
Motorcycle (Yamaha 850)
$500
$0
$500
Ford Explorer
$17,750
$16,950
$800
Honda Civic LX
$16,690
$17,250
-
$560
Dell
Laptop
$1,650
$0
$1,650
Kitchenware
$3,000
$0
$3,000
Appliances
$2,500
$0
$2,500
Stereo System
$5,000
$0
$5
,000
Visa Accou nt
$0
$3,995
-
$3,995
Student Loans
$0
$7,269
-
$7,269
MasterCard
$0
$2,125
-
$2,125
House
$132,500
$95,000
$37,500
Checking Account
$525
$0
$525
Savings Ac count
$2,148
$0
$2,148
Company 401
(
k
)
P
lan
$5,250
$0
$5,250
Net Worth =
$
50,004
L
ooking over John and Shelly’s net worth
,
it is interesting to note that more than half of their net
worth is related to real estate. If you are still renting, you might think twice about it now. Owning
your own home is one of the best ways to sta
rt building a positive net worth. Imagine combining
the net worth of your own home with that of other property and real e state investments.
As long as we are getting our personal finances in order, let’s talk about debt. I think everyone
reading this know
swhatdebtis,butdoyouknowthattherearetwotypesofdebt
good debt
and bad debt? This is open for debate, but I believe that it is important to distinguish between
the two.
Real estate is the best example of good debt that I can t hink of. In fac
t, if you are not willing to
take on some good debt, then your chances of financial independence will be severely limited.
Your only other option is frugality and years of patience. Other ty pes of good debt include
student loans, home equity credit lines,
supplier credit lines and personal signature loans.
Now, let’s talk about bad debt. As you can imagine, the worst t ype of debt is revolving debt or
credit card debt. Credit cards are not inherently bad, but how you use them can be devastating
to your abil
ity to succeed financially. In addition to their high interest rates (some as high as 24
percent), credit cards often have annual fees, late charges and credit limit fees. If you are
seeking ways to become financially free, pay off your credit card debt. I
fyouhaveequityina
house, consider obtaining a home equity loan to pay off the credit card debt.
Having said that, you should have at least one major cred
it card. In today’s society, it i
salmost
impossible to live without using a credit card. I use
aVisadebitcardforgroceries,hardware,
retail shopping, gasoline, restaurants and just about everything I do. Check with your bank
about obtaining a debit card. For personal vacations and certain large purchases, I use a
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different credit card. For bus
iness, real estate and business travel, I use another card. As a
bonus, the Visa card that I use gives me cash back.
Why use a credit card? First, as long as you pay the balance off each month
on time
,itislike
borrowing money for 30 days. Another reas
on to use a credit card is to establish your credit
profile. Purchasing by credit card is also a great way to keep tr ack of your purchases each
month. It is especially valuable during tax season to have a nice record of your expenses.
Finally, there is act
ually power in purchasing through a credit card. For example, if you purchase
an item
using
acreditcardandaproblemarises
,
and a retailer is not willing to
solve the
problem through an exchange or by giving you
your money back, you can actually call y
our
credit card company and place a dispute. The credit card company will then contact the
merchant and they must provide proof to substantiate their claim or you will be given your
money back. It’s a powerful and free ally.
Auto and personal loans probab
ly rank second on the bad debt list. Automobiles, although
necessary, are a depreciating asset and not an investment, except for a few vintage cars. If you
are looking t o free up cash flow for real estate investing, consider carefully what you are dri ving.
Maybe the SUV is not really necessary for the bad weather that only occurs once or twice a
season. Perhaps the extended cab truck is not really necessary to haul lumber once a year,
when you can rent a pickup at U
-
Haul, Home Depot or Lowe’s. Remember that
the car loan is
just one part of the total automobile cost; there are als o
fees for
insurance, inspections, re p
airs,
sales tax and licensing
.
Step 3: C onsider Your Business Structure
Each and every business has a structure. You have probably seen or hea
rd of businesses that
are incorporated. For example, our compan
ies are
called Mind Like Water, Inc.
and Rogue
Investor, LLC.
If you are just starting off, you will be working as a sole proprietor. All that means
is that you and the
business are the same. I
fyouare
married, most likely your household (i.e.,
husband and wife) and the business are the same.
Asoleproprietorshipistheeasiestbusinessentityavailable.Youreallydontneedtodomuch
of anything except keep track of your profit and loss
so it can be included on your personal
income tax return. You can even use your own checking account or set up a separate account
and fill out paperwork to use a “doing business as or DBA name. An example would be JBK
Real E state Investing. Notice that yo
ucannotlegallyuseadesignatorlikeInc.,Corp.,LLC,etc.
Sole proprietorships have one major drawback. Not only does the money flow back and f orth
from your personal accounts, the liability or risk also flows back and forth. That is why as a
busine
ss progresses, it is often set up in another structure to limit the personal li ability of the
owners.
Some small business structures to consider i nclude the following: Subchapter S Corporations,
Chapter C Corporations,
Limited Liability Companies (LLCs)
,LimitedLiabilityPartnerships
(LLPs), general partnerships, and other structures.
Limited
liability c
ompanie
s
For real estate investors,
one of
the best option
s
is a Limited Liability Company. LLCs are
similar to C hapter S corporations, except
that
they can exist for a defined period of time.
Owners receive the t ax advantages of a partner ship, while also receiving the protection of a
corporation. To make it even better, all states except Massachusetts allow an LLC to be formed
with one person.
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LLCs m
ay be formed for most businesses, except some professional businesses that require
licensing for protection of the public. Ge ner ally, doctors, lawyers, accountants and other
professionals cannot use an LLC to practice. There are some other businesses that
are exempt,
but as far as real estate investing
goes
,youvefoundthejackpot.
Another reason to set up an LLC is that some states and other governm ent agencies require
either a U.S. social security number or a federal tax I.D. number to invest in f orecl
osed
properties. W ith an LLC, even non
-
U.S. citizens can apply for a federal tax I.D. number.
Summary of LLC benefits:
x
Allows for partnerships with limited liability.
x
Protects personal assets of owners or m embers.
x
One owner/member allowed in all states,
except Massachusetts.
x
May
not requi
re an annual s hareholder meeting
,likeChapterCandScorporations.
x
Favorable tax status
can be set up and taxed at owner’s tax rate (default) or as a
How does an LLC work?
First, decide whether you will be setting up th
eLLCyourselforwhetheryouwill
contact an
attorney or accountant . If you are planning to do it yourself, then decide where you will set it up.
You do not have to set up an LLC in the state that you reside
in; however, it may be easier. If
you plan on setting it up in another state, you will probably need an agent or representative who
lives in that state to act on your behalf. There are companies that will gladly do this for a small
fee.
Decide on t he str
ucture of the LLC. There are two main types of LLC
s
.Oneiscalledamember
-
managed LLC and t he other is called a manager
-
based LLC. A member
-
managed LLC
essentially says that all owners (“members” in LLC lingo) are equally r esponsible for
managem ent of th
eLLC.Amanager
-
based LLC say s that
certain members (the
managers
”)
are given authority to run the LLC.
The manager
-
based LLC can get complicated if you offer ownership to others. The U.S. Internal
Revenue Service (IRS) and states could perceive the LL
Cassellingsecurities,inwhichcase
you would fall under U.S. Securities Exchange Commission (SEC) regulations. To avoid this,
make sure you only offer membership to a limited group of people, especially people whom you
know or have dealt with, and keep
the total membership under 35.
Decide on a name. Check your state’s requirements. Usually the name must incorporate “LLC,”
“Limited Liability Com pany,” or some other variation. An example would be Apex Properties,
LLC. C heck with the state to make sure
the name has not been taken, before filling out the
paperwork.
To set up an LLC, you
really only need to fill out an Articles of Organization; however, you
should also have an Operating Agreement that specifies the details of ownership,
compensation, voti
ng rights, etc.
After you have set up your LLC, don’t forget insurance. You will need to obtain commercial
liability insurance to cover losses. Please consult with an i nsurance agent.
To help you find out more information about setting up a business in
aparticularstate,the
following table provides relevant phone numbers and website addresses for all of the states:
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State
Phone No.
Website Address
Alabama
334
-
242
-
5324
http://www.so
s.state.al.us/BusinessServices/Default .aspx
Alaska
907
-
465
-
2530
http://www.commerce.state.ak.us/occ/home.htm
Arizona
602
-
542
-
3521
http://www.azcc.gov/divisions/corporations/
Arkansas
888
-
233
-
0325
http://www.soswe b.state.ar.us
California
916
-
657
-
5448
http://www.ss.ca.gov/busin
ess/business.htm
Colorado
303
-
894
-
2200
http://www.sos.state.co.us/pubs/business/main.htm
Connecticut
860
-
509
-
6151
http:/
/www.concord
-
sots.ct.gov/ CONCORD/index.jsp
Delaware
302
-
739
-
3073
http://www.state.de.us/corp
District
of
Columbia
202
-
442
-
4432
http://dcra.dc.gov
Florida
850
-
245
-
6051
http://www.dos.state.fl.us/doc/index.html
Georgia
404
-
656
-
2817
http://www.sos.state.ga.us/corporations
Hawaii
808
-
586
-
2727
http://www.businessregistrations.com
Idaho
208
-
334
-
2301
http://www.idsos. state.id.us/cor p/corindex.htm
Illinois
217
-
782
-
6961
http://www.cyberdriveillinois.com/departments/business_ser
vices/home.html
Indiana
317
-
232
-
6531
http://www.in.gov/ sos/business/in
dex.html
Iowa
515
-
281
-
5204
http://www.sos.state.ia.us/business
Kansas
785
-
296
-
4564
http://www.kssos.org/main.html
Kentucky
502
-
564
-
3490
http://sos.k y.gov/business/
Louisiana
225
-
925
-
4704
http://www.sos.louisiana.gov/tabid/66/Default.aspx
Maine
207
-
624
-
8400
http://www.state.me.us/sos/cec/cec.htm
Maryland
410
-
767
-
1184
http://www.dat.state.md.us/sdatweb/charter.html
Massachusetts
617
-
727
-
9640
http://www.state.ma.us/sec/cor
Michigan
517
-
241
-
6470
http://www.michigan.gov/dleg
Minnesota
800
-
627
-
3529
http://www.revisor.
leg.state.mn.us/stats/322B
Mississippi
601
-
359
-
1633
http://www.sos.state.ms.us/busserv/in dex.asp
Missouri
573
-
751
-
4153
http://www.sos.mo.gov
/Default.asp
Montana
406
-
444
-
3118
http://sos.state.mt.us/BSB/index.asp
Nebraska
402
-
471
-
4079
http://www.sos.state.ne.us/business/corp_ser
v
Nevada
775
-
684
-
5708
http://sos.state.nv.us/business/
New
Hampshire
603
-
271
-
3244
http://www.state.nh.us/sos/corporate/Forms.html
New J
ersey
609
-
292
-
9292
http://www.state.nj.us/njbgs/index.html
New Mexico
888
-
427
-
5772
http://www.nmprc.state.nm.us
New York
518
-
474
-
4752
http://www.dos.state.ny.us
North Carolina
919
-
807
-
2225
http://www.secretary.state.nc. us/corporations
North Dakota
800
-
352
-
0867
http://www.nd.gov/sos/businessserv/registrations/index.html
Ohio
877
-
767
-
6446
http://www.sos.state.oh.us
Oklahoma
405
-
521
-
3912
http://www.sos.state.ok.us/forms/FORMS.HTM
Oregon
503
-
986
-
2200
http://www.sos.state.or.us/corporation/f orms/index.htm
Pennsylvania
888
-
659
-
9962
http://www.dos.state.pa.us/dos/site/default.asp
Rhode Island
401
-
222
-
3040
http://www3.sec.state.ri.us/divs/corps/index.html
South Car
olina
803
-
734
-
2158
http://www.scsos.com/forms.htm
South Dakota
605
-
773
-
4845
http://www.sdsos .gov/busineservices/corporations. shtm
Tenn
essee
615
-
741
-
2286
http://www.state.tn.us/sos/bus_svc/index.htm
Texas
512
-
463
-
5555
http://www.sos.state.tx.us/corp/index.shtml
Ut
ah
877
-
526
-
3994
http://corporations.utah.gov/
Vermont
802
-
828
-
2386
http://www.sec.state.vt.us/tutor/ dobiz/llc/llchome.htm
Virginia
866
-
722
-
2551
http://www.state.va.us/scc/division/clk/fee_bus.htm
Washington
360
-
725
-
0377
http://www.secstate.wa.gov/corps/
West Virginia
304
-
558
-
8000
http://www.wvsos.com/business/services/formindex.htm
Wisconsin
608
-
261
-
7577
http://www.wdfi.org/corporations/
default.htm
Wyoming
307
-
777
-
5333
http://soswy.state.wy.us/corporat/corporat.htm
Rogue Real Estate Investor
-
13
-
Contact your state and find out what forms are necessary. An excellent resource for information
on LLCs is
the Nolo law guide entitled,
Form Your Own Limited Liability Company
(
Mancuso,
2007
).
Step 4: Purchase Umbrella Liability Insurance
When you first start investing, you may be too busy to deal with a business structure other than
asoleproprietorship;
therefore, it i s important to limit your liability as cheaply as possible. One
way is to purchase an umbrella liability policy. Umbrella
liability i
nsurance is extremely cheap,
usually only a fe
whundreddollarsperyearforone
million dollars worth of co
verage.
Most policies will make you bump up your current limits for your automobiles and house before
they will issue an umbrella policy. A s you purchase rental units you a lso
will
need to inform your
insurance company so that each one can be added on you
rpolicy.
If you haven’t
done so
already, you should consider consolidating all of your insurance to one
company and requesting a discount. That’s what I have done. That way you will be dealing with
the same company.
Here is why liability insurance is
im
portant. What if you purchase a property with a current renter
and the next day an ice storm causes one of your tenants to fall and break an arm? The tenant
may have the right to sue you for not clearing the walkway. A good umbrella policy
,
in
combination
with your property insurance
,
should cover you. By all means, speak with an
insurance specialist and read your policy in depth.
Step 5: C onsider the Tax Implications of Everything You Do
You’re a business now
,
so it’s time to reap the rewards that Congre
ss has established for
business owners. It basically boils down to this
:yo
ucanoffsetincomebyconsideringall
allowable expenses. For some of you, this will be a new way of thinking.
First and foremost, buy one or mor
eblankjournalbooksandkeepthe
m
in any vehicle that yo u
are going to use to look for, purchase and maintain
your
real estate
investments
.Writedownthe
starting date and mileage of your car. This will be the date that it was “put into service.” Now,
every trip, and I mean every trip,
that is related to your real estate business gets recorded.
Why? Because you can take a mileage deduction for all mileage related to your real estate
business. There is also an automobile deduction, which can be taken instead of mi
leage, but for
now it is
easier
to just use the standard mileage deduction. This changes,
but as of January 1,
2008, the standard mileage rate for business miles driven is 50.5 cents per mile
.Besureto
record the following trips:
x
Looking for properties
.
x
Meeting someone to look
at a property.
x
Visiting a bank or mortgage company.
x
Going to the library or bookstore f or research material.
x
Visiting the courthouse.
x
Buying supplies at a hardware store.
x
Buying marketing supplies.
x
Buying office supplies.
x
Meeting with a partner to discuss
arealestateventure.
Do not feel guilty about recording even the most mundane real estate activity.
Rogue Real Estate Investor
-
14
-
Next, keep track of all receipts related to your real estate
business
,suchasbooks,office
supplies, calculator, computer, hardware, tools, advertis
ing, marketing, professional fees
(attorneys, accountants, etc.). An easy way to do this is to set up a separate checking account
and use a separate credit card. Be careful,
because
some items may require keeping track of
usage, such as a computer used f or
both personal and business activities. Your tax specialist or
accountant will be able to help you or you can learn it as you go.
Step 6: Marketing
Like any business, you will need to spend some time developing or having someone develop
business cards,
logos, flyers, advertising copy and even magnetic signs for your car. You may
even want to develop a website to showcase propert
ies
that you have for sale.
If you are lacking
in ideas,
try
reading
Marketing Outrageously
by Jon Spoelstra ( 2001).
Real esta
te investing is a business, so you should treat it like one.
Once you get started, the
best form of marketing will be by word of mouth
,
so be sure to stand behind everything you say
and do.
Step 7:
Setting Up Your Business at Home
The final step in becom
ing a business is to set up an office or ar ea in your home or apartment to
use for conducting business. Since you will be placing a lot of phone calls and receiving a lot of
responses, make sure that you have an answering m achine or voice mail. Depending u
pon the
impact of the phone calls on your family, you might consider getting a separate phone line,
mobile phone or both. You will have to judge this on your own, but remember the object is to
make money not spend it. Try to balance being frugal with being
professional.
Most of you
who are
reading this already
own
acomputer,butifyoudont,
the majority of
public
libraries now offer computers with online access. With the Internet, research is just a few clicks
away.
Here is some other
office equipment
to consider as the need arises
:faxmachine,
scanner or
small copier, file cabinets and a desk. One way around some of the added expenses is to use a
local mail and copy shop, such as Mail Boxes Etc.
,UPS
Store
or
FedEx
Kinkos.
You can even
set
up a postal
mailing address to help eliminate some of the added junk mail or to m ake sure
you are able to separate your business activities from your family life.
Step 8: B uy Your Own Home First
Probably the single most important investment decision you’ll ever mak
eistobuyyourown
home. You’ve probably heard i t before and you may be saying it yourself, “Yeah right, I can
barely afford groceries.” If you don’t buy a house, you’ll never feel comfortable enough t o use
the real estate strategies I’m discussing. If y
ou don’t buy a house, you are making someone
else rich off of your sweat. If you don’t buy a house, you are less likely to build a substantial nest
egg. If you don’t buy a house, you’ll be paying Uncle Sam more in taxes than you have to.
Iknow
that
the m
ost common reason for not buying a house is
not being able to come
up with
the down payment. Believe me, it is possible if you set your goals, save
,
and use some of the
information contained in this book. My wife and I were a ble to buy our first house thro
ugh a
Federal Housing Administration (FHA) first
-
time homebuye r program with on ly 3 percent down
plus some closing costs. I was then able to borrow against my 401(k) plan at work for t he d
own
payment for a near no
-
money
-
down proposition.
Rogue Real Estate Investor
-
15
-
Owning your own
home is not a walk through dreamland. There will be maintenance, painting,
stopped toilets, water heaters to replace, air conditioners to fix and even the occasional large
expense of a new roof or driveway, but it’s your property. There is a sense of prid
ethatcomes
with owning a piece of the world.
If you are thinking about buying a house, I recommend contacting a good real estate agent who
works in the area you are interested in. Have the real estate agent act as your buyers agent”
and she will be hi
ghly motivated to find you a property. You do know what areas you are
interested in, right? I hate to use this cliché, but I feel compelled to r emind you about the three
most important things in r eal estate: (1) location, (2) l ocation and (3) location. Wha
tthisreally
means is finding an area where housing is appreciating (going up in value), with good schools,
parks and police. M ake sure it is not too far from a metropolitan center or area of employment.
As a side benefit of buying your first house, you
will get a quick education in the real estate
industry. You will encounter numerous real estate agents and brokers. You will learn how to
evaluate a house, m ake an offer and a counter offer. You will get to sign a contract, and work
with a title company, a
swellasstructuralandmechanicalengineers/inspectors.Inotherwords,
you will see the whole real estate industry in action. If you p
lan on building a house, there is
even more to consider, such as architectural plans, soil testing, environmental surve
ys, general
contractors, subcontractors, and “a partridge in a pear tree.”
Step 9: Learn the Industry
As I have alluded to, real estate is not unlike any other profession. Each profession has i ts own
set of rules and language that you must learn. If you
are old enough to have worked in any
industry, you know that there are thin gs you do and say t hat only apply to where you work.
My f irst job at age 16 was working as
a
busboy. Perhaps you have heard some restaurant lingo,
like “86ing” something, which m ea
ns to get rid of it.
In the environmental field, where I worked
for over 15 years
,
acronym
-
speak is so prevalent that you might think another l
anguage was
being spoken. Here i s
an example: “In reviewing the Phase I, I noted that most of the BTEX
compounds
were ND. If you understood that, then you must work in the field. The point is that
real estate is the same and you must learn the lingo. I even have a dictionary of real estate
terms. Appendix A of this b ook contains a list of what I believe are some of
the most important
terms, acronyms and abbreviations.
Spend at least a couple of minutes going through Appendix A. Occasionally we add new real
estate definitions on our
web
site at
http://www.rogueinvestor.com/definitions/real_estate_investing_definitions.html
.
Make sure you are comfortable with the real estate lingo. Here is a quick assignment for you
(hint, the answers are given at the end of this chapter
):
1.
What is the difference between real estate and real property?
2.
What is a deed and how does it differ from a mortgage?
3.
The difference between what someone owes on a mortgage and what a property is
worth is called what?
4.
What does FSBO stand for?
5.
What is t
he M LS?
6.
The value of most residential property is determined using the CMA process, which is
what?
7.
Name at least one method for estimating the value of real estate.
8.
Is a fixture, l ike a ceiling fan, personal property or real property?
Rogue Real Estate Investor
-
16
-
9.
An agreement between
two or more competent and legal parties is called what?
10.
Arealestateagentwhoworksforabuyeriscalledwhat?
11.
Arealestateagentmustworkfora________?
12.
Moving a first mortgage to a second mortgage is called what?
13.
What is the best type of deed?
14.
Ofte
ntimes, one divorcee will use a ________ deed to remove his/her i nterest in a
property.
15.
True or false? Contractors are allowed by law to place a lien on a property if the owner
fails to pay their fees.
16.
Most conventional lenders require at least 20 percent
down or PMI must be obtained.
What is PMI?
17.
What does PITI stand for?
18.
What is an ARM?
Step 10: Know Your Investing Options
What are your investing options? First, you have to decide if you want to be a hands
-
on or
hands
-
off real estate investor. There ar
eobviouslybenefitsanddownsidestoeachone.Many
real estate packages focus only on hands
-
on investing, such as buying and selling houses or
investing in rental property. While this is a great way to build a substantial net
worth, it may not
be what yo
uarelookingfor.Ifyouare
looking for a more passive way to invest in real estate,
consider the following options.
Tax lien certificates
Tax liens result when real estate owners fail to pay their property taxes. County and municipal
governments rely
heavily on tax revenue
;
and rather than fight with property owners in court,
they have devised a revenue collection method that allows them to be paid, res ults in penalties
to property owners
,
and enables investors to make some serious money. Every state a
nd
county is different, but essentially an investor can bid on a tax lien certificate, which allows him
or her to have control of the lien. Property owners must pay off the lien holder (investor) with
interest or face possible foreclosure.
To make it eve
nbetter,theinterestratesareoftenhighanditisasafeinvestmentthatis
backed by a local government entity. What kind of returns can you expect? Here is a sampling:
x
Nebraska
14%
x
Arizona
16%
x
Florida
18%
x
Illinois
18% for six months
x
Iowa
2
4%
.
Tax deed sales
Some states and Canadian provinces foreclose on the tax liens and take possession of the
property’s deed. The deeds are then auctioned off and you
can
bid on possession of the
property. In many cases, you can pick up real estate for 20
to 30 percent of its value. In
essence, you are buying into a lot of instant equity. T ax deeds are one of the most exciting and
profitable ways to invest in real estate.
For instance, imagine finding a lake front lot in a prestigious community with a nea
rby golf
course and all the amenities. Now consider that the property values for lake front lots in this
area are $90,000 to $125,000. What if I told you that because the owner failed to pay his taxes
Rogue Real Estate Investor
-
17
-
the county took possession of the property and offered
it for sale for around $14,000, which
included the m inimum bid, taxes and fees? Imagine you have to bid a little bit higher to make
sure you win, let’s say by roughly $2,000. This
is not a
hypothetical example
,
it
is true!
Real estate investment trusts
Briefly, REITs are trusts that pool r eal estate properties together and allow investors to own a
small portion, just like stocks or mutual funds. REITs have some very specific guidelines to
follow, such as pa ying out 95 percent of their profits to their sh
areholders
through distributions
.
This often results in high dividend yields, with relatively low risk.
REIT dividend payouts are sometimes huge. I purchased a REIT a few days before the
company issued its normal dividend, plus a special dividend. In les
sthanonemonththe200
shares I purchased paid out 2.6 percent or $98.50 from my $3,815.95 initial investment. On a
n
annual basis that’s
more than a
50 percent return, even taking into account t he $12 trading fee.
What’s even better is that REITs issue d
ividends four times per year, not just once. The final
icing on the cake is that the stock price has gone up a bout $1 per share, so that’s an extra $200
or 5 percent.
Discounted mortgages/notes
Another little known investing option is to invest in mort
gages or notes. As y ou will see in
Chapter 5, it is possible to m ake creative financing arrangements in part by using promissory
notes. A promissory note is essentially an IOU or a loan. It has an amount, interest rate and
length of term.
Anotecanbe
purchased fr om a homeowner or other investor by simply discounting the note to
present value and purchasing the note. This is possible because there is a time value
associated with money. In other words, $1,000 is more valuable today than it is in 20 years
.
That only makes sense, right? In 20 years, $1,000 won’t buy as much stuff due to inflation.
The opposite is also true. For example, let’s say Betty has a $15,000 note with an interest rate
of 9 percent. It is amortized over 10 years. Plugging these nu
mbers into my handy calculator,
the present value of the note is $6,119.06. Therefore, you could explain to Betty that she can
either wait or have her money now. Betty, who is elderly and wants nothing more than to go on
acruise,mayacceptyouroffer.Me
anwhile, you have a wonderful, low
-
risk investment that
yields 9 percent interest and is secured by real estate. You can even use the purchased note to
buy other real estate. Of course, you’ll use the f ull value of the note, or $15,000.
If, however, you a
re feeling a little m ore adventurous and would rather see a physical product
than a piece of paper, you are re ady for hands
-
on real estate investing. There are essentially
three types of property to co nsider: land, commercial p ro perty and residential real
estate.
Land
Have you ever caught yourself saying something like, “I should have bought some land t here
years ago? This usually happens after you see a new strip mall or housing addition being built
on virgin land. Well, it’s t rue that they’re not makin
ganymoreofit,landthatis,butbecarefulif
you are thinking about investing in land, especially if you are planning on paying retail prices.
Why? Even if you are good at predictions, you may have to wait 20 to 30 years for land to
appreciate to a l
evel that makes it worth your while. In the meantime, you will be paying taxes,
Rogue Real Estate Investor
-
18
-
assessments and m aintenance fees. You also can’t depreciate land; therefore, you might miss
out on some lucrative tax advantages.
According to Carleton Sheets (1994), the aver
age annual cost of owning vacant land runs
between 15 and 20 percent of what you paid for it. Using a common investing trick called the
Rule of 76, your l and would need to doubl e in value every four to five years t o m ake it
a
worthwhile investment.
Now ha
ving said that, purchasing land at sharp discounts, such as those found in foreclosure
s,
tax sales or some international locations,
can be highly profitable. Imagine paying approximately
10 to 20 percent of the market value of residential lots or acreage.
Idontneedtoimagine.
Commercial property
Commercial property is what I would consider speculative real estate investing. The gains can
be substantial and the risks are not for the faint of heart.
Why?
Commercial real estate is tied closely to the
business environment. Consider the recent Internet
bubble that essentially ended at the turn of the century. At the peak of absurdity, business r ents
skyrocketed and property owners were smiling all the way to the bank. Now, vacancies have
soared again wit
hmanycompaniesgoingoutofbusiness.Manycommercialpropertyowners
are scrambling to find business tenants.
Commercial properties come in all sizes and shapes
;
and if there’s one nice thing about owning
commercial real estate it’s the lease terms, wh
ich are usually a minimum of three to five years.
Commercial property leases also require much more of the tenant, such as maintenance and
repairs.
W
ith the rece
nt downturn in the economy, it’
salsoagoodtimetopickupcommercialproperty
for very attr
active terms. If you are looking for business space, now is also a great time to
negotiate inexpensive leases with good terms.
If you are considering commercial property, be sure to do your homework. Read Chapter 10 on
managing environmental risk.
Reside
ntial real estate
The real “bread and butter” for most real estate investors, including m yself, is residential
property. Residential properties include single
-
family homes, duplexes, x
-
plexes (x = any
number) and apartments.
This is the “bread and butte
r” of investing because we all need to live s omewhere, regardless of
where we work or whether we are in school. Young, old, poor and wealthy all live in some
dwelling that either they or someone else owns.
First, let’s distinguish what I consider the tw
oprimarytypesofresidentialrealestate
investments. The first type of property is a growth property, or a property tha t appreciates in
value either due to its wonderful location or your sweat equity or both. The second type of
property is an income pro
perty. An income property may or may not be located in a good
location, but the rents provide you with positive cash flow income, similar to a stock dividend.
Rogue Real Estate Investor
-
19
-
Again, r ealize that you d on’t just sit back and watch the m oney f low in. You have to work for i t
occasionally.
You will encounter both types of property. Just like other types of investing, it is a good idea to
diversify and own both income and growth properties.
Now, on with the search.
But first, here are the answers to the questions presented ea
rlier in this chapter:
1.
Although very similar, real property actually contains a bundle of ri ghts in addition to the
real estate. Rights may include mineral, water, air or a number of other things.
2.
Adeedisalegaldocumentusedtotransferrealestate.A
mortgage is a promise to pay
aloansecuredbythedeed.
3.
Equity.
4.
For Sale By Owner.
5.
The Multiple Listing Service.
6.
Competitive Market Analysis uses comparable properties to estimate the value of real
estate. It is usually used for single
-
family homes.
7.
Rep
lacement Cost or Income Method.
8.
Aceilingfanispersonalpropertyuntilitisattachedtotheproperty,atwhichtimeit
becomes r eal property.
9.
Contract.
10.
Buyer’s agent.
11.
Broker.
12.
Subordination.
13.
General warranty deed.
14.
Quitclaim deed.
15.
True. They can place a m
echanic’s lien on a property.
16.
Private mortgage insurance.
17.
Principal, Interest, Taxes and Insurance.
18.
Adjustable rate mortgage.
Rogue Real Estate Investor
-
21
-
THREE
The Search Begins:
Looking for and Evaluating Real Estate
“The business that we love we rise betime,
and g
otoitwithdelight.
Shakespeare
Iconsidersearchingforattractiverealestateasfun
,
and you should
as well
.Itsalmostagame
or perhaps a puzzle. Every week new li stings can be found in the classified section of your local
newspaper and in the
Multiple Listing Service (MLS). With the proliferation of the Internet, many
of these same listings are available online. With all of these options, you may be asking,
W
here
should I start?”
Search M ethods
Online real estate w
ebsites
The Internet cont
ains an almost inexhaustible supply of information, and real estate is one
industry that is perfectly suited for profiling listings online. After all, the MLS is really just a
database of information. T his same type of information can be easily presented o
ndynamically
generated websites, which can m ake
your search
for real estate even easier.
If you are not familiar with using a search engine or directory, open up your computer’s browser,
which might be Internet Explorer or Netscape Navigator or AOL’s own
unique browser. Type in
the Web address of one of the maj or search engines or directories. He re are a fe w:
x
http://www.google.com
x
http://www.yahoo.com
x
http://www.msn.com
x
http://www.aol.com
x
http://www.ask.com
x
http://www.alltheweb.com
x
http://ww
w.altavista.com
x
http://dmoz.org
.
There are many others, but start with these. Once you are on the site, use the site directory
structure or look for a search box. Type in your request and be as specific as possible. F or
example, don’t expect much out of the term “ real estate.” Try a more specific term like “bank
foreclosures in Missouri.”
Rogue Real Estate Investor
-
22
-
In the meantime, here are a few of my favorite free, online resources for real estate investing:
x
http://www.hud.gov
U.S. Department of Housing and Urban Development
x
http://www.ginniemae.gov
Government National Mortgage Association
x
http://www.freddiemac.com
F
ederal Home Loan Mortgage Corporation
x
http://www.fanniemae.com
Federal National Mortgage Association
x
http://www.narei.com
National Association of Real Estate Investors
x
http://www.realtor.com
or
http://www.realtor.org
National Association
of Realtors
x
http://www.nareit.com
National Association of Real E
state Investment Trusts
x
http://www.buyo wner.com
for sale by owner
properties
x
http://www.forsalebyowner.com
for sale by owner properties
x
http://www.realestatebook.com
real estate
listings in all states (also
available
by
requesting their
free real estate books)
x
http://www.foreclosurefreesearch.com
or
http://www.foreclosure.com
foreclosure
search engine (fee required).
Newspaper classifieds
The Sunday classified section is still
agreat
place to find real estate. Read through the
classified advertisements once or twice an
dcirclepotentiallistings.Lookforkeyphrases
such
as
:
x
Owner anxious
x
Possible owner/seller f inancing
x
Lease option
x
Investment property
or investors
x
Needs TLC
x
Fix up and save
x
Needs update, carpet and paint
x
Investors
x
Good investment
x
Duplex, triplex, 4
-
pl
ex, apartment.
Of course, realtors know all of these phrases too, so be a little cautious. For hands
-
on investing,
you are looking for income properties that will produce positive cash flow and that are in an
acceptable location. For growth properties, yo
uarelookingforpropertiesthatareundervalued
and that, with a little painting,
new
shrubbery and cleaning, could be resold for a profit or rented
for a positive cash flow. Growth properties should be located in an area that is appreciating.
The
follow
ing Real Est ate Phone
-
Screening Guide
can
be used to hel
pwithyourclassified
searches:
Real Estate Phone
-
Screening Guide
__________________
(Section in Classifieds)
Tape or glue classified
advertisement information
here, if available.
____________
________
Price
Date:
_________
_Time:
_________
_LeftMessage:Y
__
N
__
Property Name/Address: _
______________________________
Directions:
__________________________________________
___________________________________________________
________________
___________________________________
Rogue Real Estate Investor
-
23
-
Owner’s Name:
________________
_Owner’s P hone Number:
__________________
Real E state Agents Name:
_____________________
Company:
_______________
Agent’s Phone Number(s):
__________________________________________
_____
Property Description:
___________________________________________________
_______________________________________________________________
_______________________________________________________________
Roof (type, how old?, does it leak?):
_______
___________________________
Basement/Structural (any water leakage/damage?):
______________________
Plumbing (type
of
water lines, sewer line problems
?
):
___
______
___________
HVAC (ty pe and age of furnace and air conditioner):
_____________________
Termi
tes:
_______________________________________________________
Income/Gross Rents: ___________________________________________________
Mortgage (1st) Type (e.g., FHA, VA, conventional, assumable): __________________
Balance/Amount Owed: __________________
__________________________
Other Mortgages/Liens/Judgments on Property (explain): _______________________
____________________________________________________________________
Seller’s Equity: ________________________________________________________
E
xpenses (note if monthly or annual)
:
Taxes: _________ Insurance: ________ W ater: ________ Sewer: __________
Electric: _________ Gas: ________ Heating Oil: ________ Propane: ________
City Fees: ______
_
___ H omes Association: ________ Garbage: __
__________
Other: __________________________________________________________
Is the Owner W illing to Help with Financing? _________________________________
Why is the Owner Selling? _______________________________________________
Other
I
nformation: __
____________________________________________________
__
______________________________
__
____
__________________________
_
____
______________________________________
_________________________
_
_____
Note
: Refer to the data CD that accompanies this book fo
r a copy of the Real Estate Phone
-
Screening Guide that you can print and use.
Get a real estate agent working for you
How would you like to call up a professional, like an attorney, and tell him to start working for
you
;
and if you like what he
does
,you
’ll have the person on the other sid
eofthetablepayhis
services?
Sounds great,
right
?Well,youcando
this
with real estate agents.
Find one or more motivated real estate agents and get them working for you. First of all, they
can do searches on th
eMLSdatabaseand,givencertaincriteria,comeupwithalistof
properties that match what you are looking for. You can even request that they help you
evaluate a property’ s value, but be sure to do your own valuation and understand the process.
Rogue Real Estate Investor
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24
-
Of cour
se, the downside here is that once you locate a property, they will be involved in the
process and will be paid a commission. This could limit certain
types of
creative financing, but it
could also speed up the paperwork. In addition, they can help with sh
owing up for appraisals
and inspections if you are too busy.
Run y our own classified advertisement
Classified advertising may not be your first choice, but as you grow in the world of real estate
investing, you might try it and see what kind of r esponse
you get. Of course, the downside here
is that classified advertisements (a ds) are not free. T h e other problem is that it m ight take two or
three ads before you have it pulling the potential sellers that you want.
Here is an example for pulling one type of
seller:
I buy all types of houses,
a
ny condition considered.
Call Mike at 555
-
1212.
Here is a different approach:
Serious real estate investor
has cash
.
Looking for single
family homes.
555
-
1212.
Remember, access to cash can be through a partner,
equity in your house or a good
relationship with a bank.
Visit your county courthouse
Depending on where you live, y
our county courthouse may be a treasure
trove
of foreclosed
properties, upcoming auctions or tax lie
nproperties
.Makeaphonecallort
wo and at least plan
on visiting the courthouse, if for no other reason than your own education.
Call banks, savings and loans, and mortgage companies
Banks and lenders are more than happy to send you their list of foreclosed properties,
sometimes called
REOs (r eal estate owned)
or nonperforming assets
.I
recently called
a
community bank loan officer and he immediately sent me an E xcel file showing a list of 13
properties ranging from a $10,000 bungalow to a $2,210,000 apartment complex and everything
in
between.
Treat these properties like any other except that you may be able to negotiate better financing
terms directly with the loan officer, who would love nothing more than to get the property off of
his balance sheet.
Financial Analysis
Okay, y
ou ha
ve found a bunch of potential properties. Before spending your valuable time
driving all over looking at
them
,youshouldperformapreliminaryfinancialanalysisusingthe
following income pr operty screener
as a guide
.Inotherwords,makesurethatthen
umbers
work out and you can make some money.
Rogue Real Estate Investor
-
25
-
Income Property Screener
Monthly Income/Expenses
Amount
1.
Gross Rents
2.
Other Property Income
3.
Subtotal (1+2)
4.
1st Mortgage Principal an d Interest (PI)
5.
2nd Mortgage PI/Seller Financing
6.
Other Mortgage/Financing PI
7.
Subtotal (4+5+6)
8.
Taxes (ask the property owner/agent)
9.
Insurance (call your own ins urance agent)
10.
Water
11.
Gas
12.
Electricity
13.
Heating Oil/Propane
14.
Garbage
15.
Homes Association
16.
Cit
y Fees
17.
*Property Management (7 to 10% of income)
18.
**Repairs (actual amount or assume 5 to 10%)
19.
Supplies (actual amount or assume 1%)
20.
Miscellaneous (actual amount or assume 1%)
21.
Subtotal (8+9+10+11+12+13+14+15+16+17+18+19+20)
T
OTAL (3
-
7
-
21)
*Optional if you plan on managing the property. Percentages are based upon gross monthly income.
**Assume 5% if you plan on doing most of the repairs and up to 10% if you will hire out.
Using the Income P roperty Screener, let’s take a look
at a property that I recently evaluated. It is
a9
-
plex located in a suburb of Kansas City.
Monthly Income/Expenses
Amount
1.
Gross Rents (with all units rented)
$3,525.00
2.
Other Property Income
$0.00
3.
Subtotal (1+2)
$
3,525
.00
4.
1st Mortgage Principal an d Interest (PI)
$1,076.12
5.
2nd Mortgage PI/Seller Financing
$308.48
6.
Other Mortgage/Financing PI
$0.00
7.
Subtotal (4+5+6)
$1,384.60
8.
Taxes (ask the property owner/agent)
$185.00
9.
Insurance (call your own ins urance
agent)
$140.00
10.
Water
$150.00
11.
Gas
$300.00
12.
Electricity
$175.00
13.
Heating Oil/Propane
$0.00
14.
Garbage
$50.00
15.
Homes Association
$0.00
16.
City Fees
$0.00
17.
Property Management ( for now, I will manage it)
$0.00
18.
Repairs (
assum
e
10%)
$353.00
19.
Supplies (assume 1%)
$35.00
20.
Miscellaneous (assume 1%)
$35.00
21.
Subtotal (8+9+10+11+12+13+14+15+16+17+18+19+20)
$1,423.00
TOTAL (3
-
7
-
21)
$717.40
Rogue Real Estate Investor
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26
-
As you can see, I am anticipating a positive cash flow of $717.40
amonth
,evenaf
ter including
repairs, supplies and all associated fees. T he numbers look good enough for me to set up a
meeting to view the property and discuss it with the current owner i n m ore detail. If I were to hire
apropertymanagementcompany,thecashflowwould
drop to $364.00, which is not quite as
enticing, but worthy of consideration.
Now, since this unit is an income producing property with over f our units, it is possible to
calculate a
property
value based upon the income (this will be discussed in greater
detail in
Chapter 4). Using the Cap Rate method and knowing the annual net operating income (NOI)
and assuming a high cap rate of 14 percent, the value of the property equals the NOI divided by
the cap rate:
Value of Property = NOI / Cap Rate
Value of P
roperty = $25,224 / .14 = $180,171
Since t he property is priced at $160,000, that’s a potential $20,000 in equity. To be fair, the
property co
uld use some sprucing up, so I’m
assuming that the price is in the correct ballpark.
For growth properties, a sl
ightly different tactic is tak en. One method is to buy and h old, while
the other is to buy low and sell high. Gee
,
that sounds a lot like stock investing. Anyway, the
difference here is that you have to learn t o look past an ugly exterior or blemishes and
find
properties that require simple fixes to improve the
ir
value.
One thing to consider that I feel is missing in most real estate books and programs i s what
happens in between purchasing a property, fixing it up, listing it and eventually selling it. Wel
l, I
can tell you one t hing that happens is that the mortgage loan has t o be paid. It is possible,
though unlikel
y, that you could do all of the above
in a matter of 30 to 45 days and not have to
make a mortgage payment.
Here is what I recommend. Even if
you are planning on selling the property as soon as possible,
rent it out for a year or two or set up a lease option with a potential buyer. T he idea is to limit
your expenses and fix up the property. Ironically, many renters will help fix up a property f
or you
,
and the capital gains taxes are much more favorable for long
-
term investments (investments
held more than a year).
The Drive By
For the drive by, make sure you know where you are going. Each city has detailed maps that I
recommend you purchase an
dtakewithyou.AnothergreatalternativeistovisitMapQuestat
http://www.mapquest.com
and type in the property’s address
youll be given a detailed map.
The drive by is more for getting the feel of the locat
ion and neighborhood than it is to fully
evaluate a property. After all, you will only be able to stop and look at the outside. If it is vacant,
you can usually peek inside.
Look at the exterior of the property, the drainage, the roof, the yard, t he buil
ding’s integrity and
try to notice any expensive pro blems.
Now, scrutinize the location, including the neighbors and surrounding community. Know what
you are getting into before proceeding.
Rogue Real Estate Investor
-
27
-
Follow
-
up
After visiting a property, new questions will arise
.Writedownallofyourquestionsandcallthe
owner or real estate agent and say that you are still interested in the property and even drove by
it the other day. Say that you have a few more questions and ask away.
If you feel comfortable with the resp
onse, set up a time to look inside the place.
On
-
s
ite Visit
Come prepared with a property evaluation sheet
for the on
-
site visit
:
Propert y Evaluation Sheet
Property Name/Type/Address: _________________________________________
_
__
Date/Time: _________
____ Shown B
y: ______________ Phone No.: ___________
_
_
General Description: _______________________________________________
_____
_____________________________________________________________________
Unit Number __ of __ (Use a separate sheet for each unit
,ifmorethanone.)
Tenant’s Name: _____________________________________________________
_
__
Lease Am ount and Terms: ______________________________________________
_
_
Security Deposit: ______________________ Pet Deposit: ______________________
Rental Hi
story: _________________________________________________________
Other Comments (include owner fi nancing details; let
the owner/agent talk): ________
_
_____________________________________
________________________________
_
Room/Area/Item
Descripti on
Poten
tial Cost
Front Room
Kitchen
Living Room
Family Room
Bedroom (1)
Bedroom (2)
Bedroom (3)
Bedroom (4)
Bathroom (1)
Bathroom (2)
Bathroom (3)
Garage
Basement/Cellar
Attic
HVAC
Electrical
Plumbing/Pipes
Roof
Exterior/Paint
Porch/Patio/Deck
Note
: Refer to the data CD that accompanies this book for a copy of the
Property Evaluation Sheet
that you can print and use.
Use the property evaluation sheet as a guide for going through a property and estimatin
gthe
cost of repairs and what the owner is willing to fix or negotiate. B e sure to use a separate sheet
for each unit if you are evaluating a mu lti
-
unit property.
Rogue Real Estate Investor
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28
-
Let’s look at a couple of examples: income property investing and growth property investing.
Income property investing example
IamgoingtowalkthroughabrieffinancialanalysisofahomemywifeandIboughtinJanuary
1996 and sold in September 1998. The property was located in Belton, Missouri, a suburb of
Kansas City. The property is a
three
-
bedroom, two
-
car garage, split
-
level home. It is what I
consider a "bread and butter" home. However, it i s located i n a marginal, though not bad,
location. We purchased the house as a closed bid with the Missouri
Department of Veterans
Affairs
.Thep
urchase price was $68,900 and the down payment and fees were only $1,403.
Net Cash Flow
We were able to rent t
he property for $725 per month
during the rental period, with the
exception of the last m onth. We received a total of $21,750 during the rental
period, or
approximately $713 per month. During the same period, our expenses (taxes, insurance,
interest, repairs, supplies, etc.) totaled $15,983, or approximately $524 per month. T herefore,
our net cash flow per m onth was roughly $189 per month for a to
tal of $5,767.
Appreciation
After fixing up the property
and renting it for over two years, our tenants could no longer pay and
we parted ways. Enlisting the services of a local real estate agent, we were able to sell the
property in less than 30 days. T
he gross sales price was $80,000.
If we stop here, like some
books would have you do, you would think that we made a fortune on our initial investment of
$1,403.
But let’s throw in reality. First, I had to pay the real estate agent fee, m echanical fix
-
up
costs,
taxes, and other fees.
Our actual sales price was $73,
210 and our cash at closing was $6,790.
Still, that’s not bad. The true appreciation on the house was $4,310 ($73,210 minus
$
68,900).
Equity
As we diligently paid the mortgage each month, a sma
ll fraction went directly to paying off the
principal. Remember, our sales price was $68,900 minus the down payment of $700. Our 30
-
year loan was for $68,200. At closing, the actual payoff of the mortgage was $67,103.
Therefore, our equity was $1,097.
Tax
es
The rental tax game is quite interesting. W e bought a good "bread and butter" income house
fully knowing th
at it would appreciate in value;
yet at the end of each year
,
the
IRS allowed us t o
depreciate it over a specified period of time (27.5 years) us
ing a
particular m ethod that they
have approved (modified accelerated cost recovery [MACRs]). Wow, what is the catch here?
For one thing, land is not a depreciable item, so only the value of the house can be depreciated.
Of course, you are free to come up
with a value of the land versus the property.
Any improvements, fixtures, appliances, and certain other items can be depreciated. The other
catch is that when you sell the property, t he government would like its t emporary loan back. In
other words, you ar
etaxedonthedepreciatedpropertyatyourtaxrate.Duringtherentalperiod
we depreciated a total of $5,801 in property, appliances,
etc. Certain depreciable items,
such as
th
eelectricrangethatwebought,
were sold as part of the house and therefore
the remaining
value was reduced to zero
,
so that these items represented a small tax loss.
Rogue Real Estate Investor
-
29
-
The long
-
term capital gains tax was 20 p ercent
(it is now 15 percent
)
and ordinary gains are
taxed at my personal tax rate. After running the numbers through my tax
program, the entire
sale resulted i n a tax burden of $1,768. If we consider the deferred taxes saved over the 30.5
-
month period ($5,801) and multiply by m y tax rate (28 percent), the result is a tax savings of
$1,624 over the period of owning the property
.Finally,becauseIpaidback$1,768,Inearly
broke even, but lost $144.
My advice here is to not rely on tax advantages when evaluating a property. However, once you
purchase a property keep all your receipts, monitor your mileage and try to be as tax
efficient as
possible. Be prepared for April 15th when you sell a rental property.
Labor, Pain and Suffering
The late night programs and books inadvertently, or should I say purposely, forget to tell you
about the phone calls on Sunday afternoon complain
ing about stopped up plumbing or an air
conditioner that just went out. The books and programs also fail to m ention the late payments,
bounced checks, or tenants who purposely lie. The books and programs never talk about t he
city governments who are now tr
ying to implement fees from landlords. The books and
programs also don’t mention that my labor is free and not tax deductible.
There is really no way to quantify a number in this category. I’m not including, for example, the
extra Rolaids and fast food wh
en working on the properties. I am i ncluding labor. Your time and
my time are worth something. After all, time is really more precious than money.
To quantify this, I am placing a small value of $10 per hour on my time. I estimate that during
the fix
-
up,
management, and selling (fix
-
up again), my wife and I spent roughly 250 man/
woman
-
hours on the property. Therefore, we lost a potential $2,420.
Summary
Cash flow + Appreciation + Equity +/
-
Tax benefits
Your labor, pain, and suffering. For our
house t
he equation results in $5,767 + $4,310 + $1,097
$144
$2,420 = $8,610. So, with our
initial investment of $1,403, we realized a profit of $8,610 over a period of
two and one half
years. Not bad
that’s well over a 200 percent increase per year on our i
nitial investment.
Growth property investing example
Imentionedthebuyandholdstrategy.IstillownarentalhousethatIboughtin1994.The
property is a “bread and butter” single
-
family house located in a great neighborhood with
excellent schools
in Roeland Park, Kansas, a suburb of K a nsas City, Mi ssouri. Without
analyzing this property in depth, I bought the property for $59,110, with only $1,352.97 down.
Although I have been tempted to sell the property, it continues to provide me positive ca
sh flow
of nearly $150 per month. The cash flow is secondary to the appreciation and current value.
Based upon comparables in the near vicinity, I have determined that th
epropertyisworth
roughly $110
,000. Wit
hacurrentpayoffamountof
approxim ately
$
4
8,000
,Ihaveabout
$
62,000
in equity.
As you can see, the buy and hold strategy works quite well when a property is purchased i n a
good location.
Rogue Real Estate Investor
-
31
-
FOUR
Estimating the Value of Real Property
“Tell m e and I’ll forget. Show me, and I may not r
emember.
Involve me, and I’ll understand.”
Native American saying
As I have alluded to earlier, there are three methods of estimating the value of real property:
replacement cost, income method, and competitive market analysis (CMA). These are
discusse
dbelow.
Replacement Cost
Replacement cost makes use of the cost of real estate on a per square foot basis to estimate
the value of real property. Es sentially, the cost to build the property, including purchasing t he
land. Area builders, contractors an
darchitectscanbehelpfulwiththistypeofestimating.
For example, a rough estimate for replacement cost
in the Kansas City area
is
$100
per square
foot. That would mean a 2,0 00 square fo ot house coul d be built for appr oximately
$200,000
.
The cost of
the land would be added to that
,
making the purchase in the neighborh
ood of
$23
0,000
,assuminga$30,000lot
.Ofcoursetherearecertainlyareaswherethecostwouldbe
much more, probably in the $1
2
0persquarefootrange
;
and there are also areas where
inexpensive houses are
constructed for as little as $8
0persquarefoot.
Also, the price of land
has continued to escalate. I have seen lots ranging from $10,000 to over $200,000.
Income Method
Asecondmethodofevaluatingrealestateisbaseduponits
ability to generate income, using
the equation below. The income method is best used for multi
-
family dwellings, such as
apartments.
Gross Rent Multiplier
(GRM)
=SellingPrice/GrossMonthlyRents
Capitalization rate is the rate that other investors
would be willing to pay for a similar property.
Cap Rate = Net Operating Income / Value of Property
Value of Property = NOI / Cap Rate
Cap rates vary from location to location and property to property. I n general, a low cap rate
ranges from 4 t o 9, whil
eahighcapratevariesfrom11to18.Lowcapratesarecommon
Rogue Real Estate Investor
-
32
-
among properties of higher estimated value. High cap rates are common among higher risk
properties with lower estimated values.
Competitive Market Analysis
Competitive market analysi s
(CMA
)
seeks to understand the marketplace and use that
knowledge to estimate a value. CMA is most often used for evaluating land, single
-
family
homes, duplexes, triplexes, and 4
-
plexes. The CMA process works by finding similar properties
or comparables near th
epropertyinquestion.Itisalsopossiblewithsomecautiontouse
properties that are currently listed, but have not sold. It is best to use at least three
comparables. Here is an example:
Competitive Market Analysis
For:
Jack and Tracy Smith
Prepared
by:
Michael Williams
Property:
Single
-
family home
Date:
July 27, 1998
Address
Subject
Property
Comparable 1
7601 Maple
Comparable 2
7249 Oak
Comparable 3
7713 Oak
Area (square ft.
)
2135
2200
2100
2300
Living Room
Yes
Yes
Yes
Yes
Dining Room
Yes
Yes
Yes
Yes
Kitchen
Yes
Yes
Yes
Yes
Family Room
Yes
Yes
Yes
Yes
Bedrooms
4
4
4
4
Baths
2.5
2
2
2.5
Basement
Yes
Yes
Yes
Yes
Garage/Carport
2
-
car attached
1
-
car attached
2
-
car attached
2
-
car attac hed
Construct io n
Ranch
Ranch
Split
Split
Lot Size
85’ x
105’
80’ x 115’
90’ x 100’
92’ x 105’
Age
(years)
5
5.5
4.5
5
Terms of Sale
10% down
20% down
20% down
Days on Market
96
23
38
Date of Sale
11/05/97
05/30/98
06/15/98
Listed Price
$92,500
$98,500
$102,000
Selling Price
$91,000
$97,500
$100,000
Remarks:
Area Market Conditions: Good
Estimated Range of Value: $91,000 to $100,000
Estimated Value of Subject Property: $97,000
Note
: Be sure t o check with the county appra iser either by phone or online to see what t he
county estimates the property i
s worth. This is a quick estimate t ha t can be accurate in some
locations and completely out of whack” in other locations. A great resource to find county
websites, including the appraisal office, is
http://www.naco.org
.
Rogue Real Estate Investor
-
33
-
FIVE
Creative Financing: Putting the Deal Together
“A wise man hears one word and understands two.”
Jewish proverb
Well, let’s see. You’ve located a potential property. You conducted a drive by and probably even
met with a real estate
agent or owner to see the property and discuss any issues that you might
have. You’re convinced that it’s a property to make an offer on. Now what?
It’s time to put your “thinking cap” on a nd come up with some creative financing. Let me say first
that th
ere is no right or wrong in creative financing. I’ve read many books on the subject and I’ve
tried/used several of the m e thods. Th e short answer is
:use
whatever works best for you.
In this chapter
,Illgothroughsomecommonfinancingtechniquesandmet
hods of securing the
deal. First, let’s review standard financing so you know the difference.
Standard Financing
For those of you who have never purchased property, I’ll go through the most common process.
Generally, you will contact a m ortgage company a
nd tell them who you are and what you are
interested in buying. The mortgage company can quote you interest r ates and other details,
such as points,
adjustable
-
rate m ortgages (A
RMs
)
,fixedrates,etc.Asahomebuyer,youcan
often choose between three mort
gage programs: (1) conventional loans, (2)
Federal Housing
Administration (
FHA
)
loans or (3)
Veterans Affairs (
VA
)
loans.
Conventional loans are the m ost common t ype. Conventional loans usually require 20 percent
down or a loan to value (LTV) ratio of 80
percent. In other words, the bank will loan you 80
percent of the propertys appraised value. Since many people cannot afford 20 percent down, it
is possible to finance 90 percent or more using private mortgage insurance (PMI). PMI protects
the lender in c
ase you default. Of course, you have to pay a monthly premium for this privilege.
The recent mortgage debacle occurred in part because banks loosened their policies and
started allowi ng 100 percent financing (e.g., 80
percent loan on a 1
st
mortgage/20 pe
rcent loan
on a 2
nd
mortgage
), interest only loans and other creative loans; not to mention that credit
scores of potential buyers were relaxed. As of 2008, credit has tightened again and loans are
becoming more difficult to obtain.
FHA financing was desi
gned by the United States government to make homeowners out of all
U.S. citizens. The U.S. government backs FHA mortgages, so banks are completely safe i n
issuing these loans. FHA loans allow first time homebuyers to get in a property for as little as 3
pe
rcent down. Due to the high LTV ratio, t hese loans also require insurance to protect the
Rogue Real Estate Investor
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34
-
lender and the government. In this case, the insurance is called mortgage insurance premium.
FHA loans also have funding l imits that are based upon where you l ive.
T
ofindoutaboutthefundinglimitsinyourpartofthecountry,visit
https://entp.hud.gov/idapp/html/hicostlook.cfm
.Asan
example, using the mortgage calculator
for Johnson County, Kansas
,
the current FHA limit is $
271,050
for a single
-
family home.
Finally, VA financing is the ultimate no
-
money
-
down proposition for homebuyers. However,
there is one catch. You have to have served in the U.S. military. If you did serve in the military,
then b
yallmeansusethisprogram.
Creative Financing
Now that we have gone through standard financing, let’s look at creative financing. As I
mentioned, there are endless possibilities here. You will have to experiment and see what works
for you and what d
oesn’t. Your success may not only depend upon your financial situation, but
also on where you live, the type of properties that you are going after and especially the seller.
This section is only meant to introduce
you to
or remind you of some financing po
ssibilities.
For
more information on creative f inancing, be sure to refer to the following references:
x
How to Make Money with Real Estate Options
(Lucier, 2005)
x
The Complete Guide to Investing in Undervalued Properties
(Berges, 2005)
x
No Down Payment
(Shee
ts, 1994)
x
Nothing Down for t he 90s
(Allen, 1990)
x
Building Wealth
(Whitney, 1994).
Owner
financing
Owner financing works with motivated sellers who are willing to help fi nance their own property.
The
simplest
form of owner financing involves a seller who
owns a property fr ee and cl ear, but
is having trouble selling. You negotiate with the seller to act as a mortgage company and you
create a note, purchase money mortgage, or whatever you want to call it. F or this to work, you
must build credibility.
One
m
ethod of owner financing is to negotiate a second mortgage with the owner and obtain a
new first m ortgage from a lender.
This method is a little more difficult because the lender will not
be in favor of a second mortgage and it may be necessary to work thi
sarrangementoutsideof
the closing.
Wrap
-
around mortgage
Certain nonstandard lenders or the seller will accept a wrap
-
around m ortgage. A wrap
-
around
mortgage allows you to pay one mortgage to the seller or lender and the seller/lender continues
to pay
on the existing mortgage. Usually you will need to pay a higher interest rate for the
trouble.
For example, using the scenario above, I might offer the seller $5,000 down plus a wra
p
-
around
mortgage for $50,000. The seller
would continue to pay the unde
rlying mortgage
of $20,000.
The seller would then earn the difference between my wrap
-
around mortgage and her existing
mortgage. Of course, this will only work as long as the wrap covers her existing mortgage and
provides positive cash f low. In all likelih
ood the property will be sold within a few years.
Be aware that this may not work with mortgages that have a “due on sale” clause.
Rogue Real Estate Investor
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35
-
Assume an existing loan
Certain
loans, such as owner
-
financed loans, VA loans and FHA loans, can be assumed.
Conventional
loans do not qualify for assumption because of a due
-
on
-
sale clause. Owner
-
financed loans are the easiest to assume because individuals are involved, not banks or
mortgage companies. VA and FHA loans can be assumed by qualif
ying with the mortgage
holder.
These are called qualified assumptions.
Non
-
qualified assumptions are no
longer
available.
Recently, many real estate investors have fi gured out a clever way around the “due on sale
clause. The trick is referred to as “subject to” an existing m ortgage. T
omakethiswork,you
agree to make the existing mortgage payments, but the mortgage remains in the name of the
seller and it is still the seller’s obligation. In exchange, you may have the seller deed the
property to you using a quit claim deed. This meth
od is not without its fair share of controversy.
Some people say that the mortgage company should still be notified any time a deed is
exchanged.
Options
Options give you the right to purchase property at a later date for a predetermined amount. Real
est
ate options can be structured as pure options or lease options. A pure option is an
agreement between you and the seller. For a flat fee, let’s say 1 percent of the purchase price,
you agree to buy the property in X number of days (e.g., 30 or 60 days). Du
ring this period of
time you might fix the property or simply resell it to someone and pocket the difference. Closings
can even be set up to occur on the same day. Of course, the downside is if you can’t resell the
property, you could lose your option mone
y.
Aleaseoptionallowsyoutoleaseapropertyforacertainamountoftime(e.g.,oneyear);atthe
end of the lease term you have first dibs at buying the property. If you set the price ahead of
time, you can use your own sweat equity to make improve
ments and sell the property ri ght
when you acquire it.
Dig deep in your own pockets
Many times it is necessary to come up with m oney the old
-
fashioned way
by digging deep in
your own pockets.
So how do you come up with money to close the deal? Here ar
esome
creative ways:
x
Partners
:Findapartnerandshareintheprofits.Haveyourpartnerprovidetheneeded
cash and you find the property, consummate the deal and manage
or sell the property.
Obviously
you will need to work out the deal with your partn
er. Be sure to sign an
agreement or contract and make it a professional arrangement. Also, be careful not to
ruin a relationship with a friend or family member through poor planning or risky
ventures.
x
Credit unions
:Creditunionsareagreatplacetoborr
ow m oney on easy terms. Many
large companies, agencies or ev en communities offer membership to credit unions.
Borrowing money from a credit union will likely require collateral, but in the case of a
company credit union you may be able t o borrow solely bas
ed upon your job. If asked
about the purpose of the loan, you can say i t will be used for a vacation, to pay off debt
or whatever you want to say.
Rogue Real Estate Investor
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36
-
x
Signature loans
:Withgoodcreditcomesgoodterms.Banksandotherlendersgive
signature loans to clients
who have excellent credit and other accounts at the institution.
For example, I have a signature line of credit at TD Waterhouse, which is both a bank
and brokerage company.
x
Borrow against personal property
:Acar,boat,motorcycleorotherexpensivepers
onal
property can be used as collateral for l oans at banks, credit unions or even from sellers.
You can either offer equity to a seller in the form of a loan, which is secured by the
personal property
,
or you can borrow the money from a lender.
x
Home equit
yloans
:Asdiscussedearlier,homeequityloansareoneofthebestplaces
to start looking for money. Mortgage companies and banks easily grant home equity
loans. In fact, they love these loans. Some home equity lenders will even loan above the
appraised
value of your house. I have seen advertisements for loan
-
to
-
value home
equity lines of 125 percent. Be careful not t o extend yourself too far. Remember, home
equity lines are secured by your personal real estate and if you don’t pay them back, a
lien can
be placed on your property.
Hard money lenders
Also known as private money lenders, these lenders represent individuals with money to loan at
ahighinterestrate.Thegoingrateforhardmoneyisusuallyaround12percentto18percent
;
however, some l
enders will accept ownership equity in lieu of interest if they like your project.
If you have a large real estate project and a business plan, we may be able to help refer you to
aprivatemoneylender.Contactusbyemailat
privatemoney@rogueinvestor.com
.
Retirement accounts
One way to tap into existing money for a first
-
time home is to borrow against your 401(k)
retirement account. B e sure to check the c urrent rules where you work. Also, make s
ure to pay
yourself back as quickly as possible because while the account is leveraged, y ou will not be
earning interest on that portion. If you have recently quit a job with a retirement plan or if you
have money in an
Individual Retirement Account (
IRA
)
,
you may be able to roll over the account
into a self
-
directed real estate IRA (refer to Chapter
12). You can then use this money to
purchase real estate through your own IRA. This strategy works well if you don’t need to live off
of your investments, beca
use all profits and losses run through the IRA, not you.
Rogue Real Estate Investor
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-
SIX
Presenting the Deal: The Art of Win
-
Win
“The Devil is in the
d
etails
.
anonymous
I’m sorry to say, but there comes a time when you have to do some good old
-
fashioned selling.
Believe me, I’m not a salesman. I’m a scientist by trade. I was the kid in college who was
jealous of the business majors, because I was stuck i n a l aboratory studying for finals on Friday
night.
Anyway, real estate is not about greed. It’s about making
adealthatbenefitstwodifferent
parties
,
and perhaps three if a lender is involved. Whenever possible
,
contact and deal with the
seller or homeowner in person. If a real estate agent is involved, request or demand that you be
present when the offer is
presented. If you can’t get access to the seller, you will have to sell the
proposal to the agent.
By now, you should have a good idea why the seller is selling. Open up by thanking the owner
or agent for allowing you to present the offer. Throw in a few
icebreakers if you feel the need.
Compliment the owner on the property and what he has done with it. Be honest and explain
what your goals are with the property.
Now, break out your written offer and go through it briefly with the seller. You may even wa
nt to
include more than one offer. Make sure that your offer has a time limit for a response. Allow the
seller enough time to evaluate your offer, but not too much time to shop it around. I would
recommend between one to three days. If special circumstance
sdictatelonger,youwillhaveto
be the judge. Essentially, you want to create some urgency. If you are looking at other
properties, you may want to casually mention that
in a nice manner
.
Thank the owner and/or agent and say you are looking forward to
working with them.
When in doubt, do not open your mouth any more than you have to. There is an old saying that
“the first person to talk loses.” In other words, if this real estate game is like poker, you do not
want to be the first to show your hand.
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-
SEVEN
How to Profit from Foreclosures
“Trouble is only opportunity in work clothes.”
Henry J. Kaiser
For any number of reasons, sometimes real estate owners encounter hard times and are forced
to relinquish real estate. W hen this happens, the
mortgage holder or lender is forced to take
back a property. With VA and FHA loans, the U.S. government is ultimately responsible for
purchasing the property back. With conventional loans, a mortgage company or lender is
responsible.
The U.S. government
and lenders want nothing to do with the properties and would like to resell
them as quickly as possible. After all, lenders are in the lending business
,
not
in the
real estate
investing
business
.Thatswhereyoucomein.Youcanhelpthemwiththeirprobl
em and help
yourself in the process.
Lender REOs (Real Estate Owned)
Banks and other lenders are in the business of lending money, not owning property. However,
as hard as they try, a certain percentage of their loans will be delinquent. The process evol
ves
from a homeowner missing a payment or two, to the b ank filing a notice of default or lis pendens
at the courthouse, to a foreclosure sale.
In som
ecases,thelenderwillbeout
bid at an auction for the property, and that is good news for
the lender.
In many cases, the deed transfers t o the lender, who now seeks buyers through its
list of real estate owned prop
erty, sometimes referred to as
nonperforming assets.
Lender REOs can be found using the following sources:
x
The bank
call
and ask for their l
ist
of foreclosed or REO properties
x
Real estate agents
some
agents even s
pecialize in f oreclosures
x
Online f oreclosure list services
x
Fannie Mae
to
search for REOs, visit
http://www.mortgagecontent.net/reoSearchApplication/fanniemae/reoSearch.jsp?p=Res
ources&s=Fannie+Mae+Owned+Property+Search
.
When evaluating these properties, be sure to do all of your due diligence
.Ifyouareinterestedin
aproperty,discountyourofferbaseduponestimatesforfixing
up
the property. Even though a
lender wants to recover its investment, it is sometimes willing to cut its losses if your offer is
Rogue Real Estate Investor
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40
-
reasonable and it is the best the l
ender can hope f or. In essence, you are getting the lender to
accept what is referred to as a “short sale.” Short sales are also handled before foreclosure on
behalf of the seller.
U.S.
Veterans Affairs
(VA)
Foreclosures
When I first began investing in
real estate, I stumbled across VA properties
but
didn’t quite
understand how a non
-
vet
eran
could take advantage of
them
.Iwasamazedtofindthatnotonly
does the VA offer foreclosed r eal estate for sale to homeowners and investors, but in some
cases the
yofferattractivefinancingwithverylittledownatclosing.Ifyouarelookingforaway
to jump
-
start your real estate investing career, contact a real estate agent and ask about VA
foreclosures
,orvisitthe
online list of properties available in your
state.
VA properties are offered for sale to the public; however, you must contact a VA
-
registered real
estate broker or agent to view the homes. Just l ike any home, they will open t he house/property
for you to see. Should you decide that you are inter
ested in a property, you will need to meet the
real estate agent and prepare
a
VA
-
approved loan r
equest and purchase offer paper
work.
In purchasing VA properties, the big trick is to quickly view the property and make a decision.
Oftentimes the VA will ha
ve a short bid time that you have to meet. This makes it nearly
impossible to have professionals help you look at plumbing, electrical, roofs and structural
elements. All VA homes are sold “as is,” so it is important t o be as knowledgeable as possible
abou
thowmuchitwillcosttofixupaproperty.Youalso
will
need to determine what the interest
is in the property. Usually a real estate agent can help you with this
,
or you can see how many
agents have come t hrough the property because they will sign a l
og indicating they showed it to
someone.
Furthermore, it is important to recognize that you may have to outbid several other qualified
bidders. The bidding process is generally a closed bid. You will instruct your real estate agent
on what your bid is and
you will need to include an earnest money deposit of at least $500. Your
agent will include her fee and submit the paperwork. The winning bid is the net amount from a
qualified bidder that results in the most money for the VA.
Why do I mention this? Beca
use it is possible to outbid someone, you might consider talking
your agent into dropping her fee slightly. The VA will pay up to 6 percent for real estate brokers.
Iusearealestatebrokerwhoisaone
-
man show specializing in government foreclosed
prop
erty. Since he is both a broker and
an
agent, he can reduce his fee and still make a
significant commission. In addition, if you are a real estate agent/broker, you can obviously
compete much better by doing the paperwork yourself.
The Department of Veter
ans Affairs has awarded the Property M anagement Services C ontract
for managing, mark eting, and selling VA
-
acquired properties throughout the United States and
its territories to Ocwen Financial Corporation. The VA began transitioning properties to Ocwen
ar
ound December 8, 2003.
The following is contact information for Ocwen:
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, Florida 33409
Toll free: (800) 523
-
9479
Email:
VAREOSales@oc
wen.com
Website:
http://www.ocwen.com
Rogue Real Estate Investor
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41
-
To
view
VA property listings for your state, use this direct link to the Ocwen website and, using
the map of the United States on that page, click on your state of interest:
http://www.ocwen.com/reo/residential/res_reofindbystate.cfm?proptype=VA
As you should k now by now, I live in the Kansas City area, which includes two states: Misso
uri
and Kansas. I check both states. On the Missouri side, I noticed one property worthy of
finding
out more information
.
Example VA Property
The property is located at
11102 E
.
67th Street in K ansas City, Missouri and the details are as
follows
:
Listi
ng Price:
$55,400
Listing Agent:
Arline Walker
SQ. Footage:
1,157
Agent E
-
mail:
arlinewalker@yahoo. com
Bedrooms:
3
Phone #:
(816) 517
-
9690
Bathrooms:
1
Fax #:
(816) 796
-
0270
Type:
Single Family/Vendee Finan
cing
Simultaneous Offer Close:
Midnight 12:00 on 03/23/2008
Property #:
8000560584
Disclosures:
p,
s,
t,
l,
o
Zip Code:
64133
Get Map:
Rogue Real Estate Investor
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42
-
There are a few thing
sofinterest
that you s hould no tice. First, you must work with the realtor
indicated in
the listing
.Next
,thepropertyisofferedwithvendeef
inancing, which means you can
get financing backed by the VA at an attractive interest rate. As of April 1, 2008
,therateis6
percent
.
Finally, be sure to notice the codes or disclosures. These co
des will t ell you if the property has
major issues that you will want t o consider before bidding. For example, the property has the
following codes:
p, s, t, l and o. An explanation of these
codes
is
shown
in the following table.
Certainly
Iwouldstartby
asking the listing agent how bad the foundation is, what sort of pest
problems
exist
,etc.
VA Codes
Disclosures Index
Code
Descripti on
Title
Under Review
D
Property Condemned/Demolition
E
Environmental
F
Flood Zone
H
Home Owners Association
L
Possible
Lead Based Paint Problem
M
Possible Mold
N
Non
-
Conform ing Use
O
Possible Structure/Foundation Problems
P
Possible Pest Problem
S
Seller's Disclosure
Rogue Real Estate Investor
-
43
-
Code
Descripti on
T
Possible Termite Issues
U
Urea Formaldehyde Foam Insulation (UF FI)
W
Possible Water Damage
Y
No Yard
Z
Zero Lot Line
AC
Possible Air Conditioning Problems
EL
Possible Electrical Problems
HT
Possible Heater Problems
NP
No Parking on Property
PL
Possible Plumbing Problems
RD
Possible Roof Damage
SA
Shared Access Easement
SP
Swimming Pool
ST
Septic Tank
UN
Uninhabitable
WW
Well Water
U.S.
Housing and Urban Development (HUD) Homes
Most HUD homes are initially offered on a priority basis to owner
-
occupant purchasers (people
who are buying the home as their primary residence). Following the priority period,
unsold
properties are t hen available t o all buyers, including investors.
To find properties, u
se the links
in the table b elow for most major cities and U.S. territories. Select cities near where you live or
that you are interested in. The HUD database wil
lprovideyouwith
information on
the address,
type of property, list price, as
-
is value, listing date, deadline for
submitting a bid, and whether
the property
is available to owner
-
occupants only or all purchasers (including investors). You will
also find
important notes, such as structural damage, fl ood zone, settlement, smoke damage,
missing electric meter and a host of other things. Finally, be sure to observe the codes, such as
LBP, which stands f or lead
-
based paint. The notes and codes are required by
disclosure laws
and should be looked into, but shouldn’t necessarily scare you off. For instance, any house built
before 1978 probably contains lead
-
based paint.
For more information, refer to HUD’s investor friendly web page at
http://www.hud.gov/groups/investors.cfm
.
HUD Homes by State
(
http://www.hud.
gov
)
State
Phone Number
Website
Alabama
(205) 731
-
2617
http://www.hud.gov/local/index.cfm?state=al
Alaska
(907) 677
-
9800
http://www.hud.gov/local/index.cfm?state=ak
Arizona
Phoenix
Arizona
Tucson
(602) 379
-
7100
(520) 670
-
6000
http://www.hud.gov/local/index.cfm?state=az
Rogue Real Estate Investor
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44
-
State
Phone Number
Website
California
Fresno
California
Los Angeles
California
Sacramento
California
San Diego
California
San
Francisco
California
Santa Ana
(559) 487
-
5033
(
213) 894
-
8000
(916) 498
-
5220
(619) 557
-
5305
(415) 489
-
6400
(714) 796
-
5577
http://www.hud.gov/local/index.cfm?state=ca
Colorado
(303) 672
-
5440
http://www.hud.gov/local/index.cfm?state=co
Connecticut
(860) 240
-
4800
http://www.hud.gov/local/index.cfm?state=ct
Delaware
(302) 573
-
6300
http://www.hud.gov/local/index.cfm?state=de
District of Columbia
(202) 275
-
9200
http://www.hud.gov/local/index.cfm?state=dc
Florida
Jacksonville
Florida
Miami
Florida
Orlando
Florida
Tampa
(904) 232
-
2627
(305) 536
-
4456
(407) 648
-
6441
(813) 228
-
2026
http://www.hud.gov/local/index.cfm?state=fl
Georgia
(404) 331
-
5001
http://www.hud.gov/local/index.cfm?state=ga
Guam
(671) 472
-
7251
http://www.hud.gov/local/index.cfm?state=hi
Hawaii
(808) 522
-
8175
http://www.hud.gov/local/index.cfm?state=hi
Idaho
(208) 334
-
1990
http://www.hud.gov/local/index.cfm?state=id
Illinois
Chicago
Illinois
Springfield
(312) 353
-
5680
(217)
492
-
4120
http://www.hud.gov/local/index.cfm?state=il
Indiana
(317) 226
-
6303
http://www.hud.gov/local/index.cfm?state=in
Iowa
(515
) 28 4
-
4512
http://www.hud.gov/local/index.cfm?state=ia
Kansas
(913) 551
-
5644
http://www.hud.gov/local/index.cfm?state=ks
Kentucky
(502) 582
-
5251
http://www.hud.gov/local/index.cfm?state=ky
Louisiana
New Orleans
Louisiana
Shreveport
(504) 589
-
7201
(318) 676
-
3385
http://www.hud.gov/local/index.cfm?state=la
Maine
(207) 945
-
0467
http://www.hud.gov/local/index.cfm?state=me
Maryland
(410) 962
-
2520
http://www.hud.gov/local/index.cfm?state=md
Massachusetts
(617) 994
-
8200
http://www.hud.gov/local/index.cfm?state=ma
Michigan
Detroit
Michigan
Grand Rapids
Michigan
Flint
(313) 2
26
-
7900
(616) 456
-
2100
(810) 766
-
5112
http://www.hud.gov/local/index.cfm?state=mi
Minnesota
(612) 370
-
3000
http://www.hud.gov/local/i
ndex.cfm?state=mn
Mississippi
(601) 965
-
4757
http://www.hud.gov/local/index.cfm?state=ms
Missouri
Kansas City
Missouri
St. Louis
(913) 551
-
5644
(314) 539
-
6583
http://www.hud.gov/local/index.cfm?state=mo
Montana
(406) 449
-
5050
http://www.hud.gov/local/index.cfm?state=mt
Nebraska
(402) 492
-
3100
http://www.hud.gov/local/index.cfm?state=ne
Nevada
Las Vegas
Nevada
Reno
(702) 366
-
2100
(775) 784
-
5383
http://www.hud.gov/local/index.cfm?state=nv
New Hampshire
(603) 666
-
7510
http://www.hud.gov/local/index.cfm?state=nh
New Jersey
Newark
New Jersey
Camden
(973) 622
-
7900
(856) 757
-
5081
http://www.hud.gov/local/index.cfm?state=nj
New Mexico
(505) 346
-
6463
http://www.hud.gov/local/index.cfm?state=nm
New York
New York City
New York
Albany
New York
Buffalo
New
York
Syracuse
(212) 264
-
8000
(518) 464
-
4200
(716) 551
-
5755
(315) 477
-
0616
http://www.hud.gov/local/index.cfm?state=ny
North Carolina
(336) 547
-
4000
http://www.hud.gov/local/index.cfm?state=nc
North Dakota
(701) 239
-
5136
http://www.hud.gov/local/index.cfm?state=nd
Ohio
Cincinnati
Ohio
Cleveland
Ohio
Columbus
(513)
684
-
3451
(216) 522
-
4058
(614) 469
-
5737
http://www.hud.gov/local/index.cfm?state=oh
Oklahoma
Oklahoma City
Oklahoma
Tulsa
(405) 609
-
8509
(918) 581
-
7434
http://www.hud.gov/local/index.cfm?state=ok
Oregon
(503) 326
-
2561
http://www.hud.gov/local/index.cfm?state=or
Rogue Real Estate Investor
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45
-
State
Phone Number
Website
Pennsylvania
Philadelphia
Pennsylvania
Pittsburgh
(215
) 65 6
-
0500
(412) 644
-
6428
http://www.hud.gov/local/index.cfm?state=pa
Puerto Rico/U.S. Virgin
Is lands
(787) 766
-
5400
http://www.hu
d.gov/local/ index.cfm?state=pr
-
vi
Rhode Island
(401) 277
-
8300
http://www.hud.gov/local/index.cfm?state=ri
South Carolina
(803) 253
-
3292
http://www.hud.gov/local/index.cfm?state=sc
South Dakota
(605) 330
-
4223
http://www.hud.gov/local/index.cfm?state=sd
Tennessee
Knoxville
Tennessee
Memphis
Tennessee
Nashville
(865
) 54 5
-
4384
(901) 544
-
3367
(615) 736
-
5600
http://www.hud.gov/local/index.cfm?state=tn
Texas
Dallas
Texas
Ft. Worth
Texas
Houston
Texas
Lubbock
Texas
San Antonio
(214) 767
-
8300
(817) 97
8
-
5965
(713) 718
-
3199
(806) 472
-
7265
(210) 475
-
6806
http://www.hud.gov/local/index.cfm?state=tx
Utah
(801) 524
-
6070
http://www.hud.go
v/local/index.cfm?state=ut
Vermont
(802) 951
-
6290
http://www.hud.gov/local/index.cfm?state=vt
Virginia
(800) 842
-
2610
http://www.h
ud.gov/local/index.cfm?state=va
Washington
Seattle
Washington
Spokane
(206) 220
-
5101
(509) 353
-
0674
http://www.hud.gov/local/index.cfm?state=wa
West Virginia
(304) 347
-
7000
http://www.hud.gov/local/index.cfm?state=wv
Wisconsin
(414) 297
-
3214
http://www.hud.gov/local/index.cfm?state=wi
Wyoming
(307) 261
-
6250
http://www.hud.gov/local/index.cfm?state=wy
HUD multifamily
properties
(i.e., apartments) are
listed at
http://www.hud.gov/offices/hs
g/mfh/pd/mfplist.cfm
.
Federal Deposit Insurance Corporation (FDIC) Foreclosures
The FDIC was established in 1933 to bolster investor confidence in savings. The FDIC is
charged with ensuring the stability of America’s financial system. As such, the FDIC
ensures
most bank deposits up to $100,000.
The FDIC also liquidates a variety of assets
,
including loans and real estate. A list of properties
available for sale is updated weekly.
For more information, visit
http://www2.fdic.gov/drrore
.
You
can contact
the FDIC at:
Field Operations Branch
1910 Pacific Avenue
Dallas, TX 75201
Toll free p
hone:
(800) 568
-
9161
U.S.
Government Services Agency (GSA)/
U.S.
Internal Revenue Service (IRS)
Redemption Program
What ha
ppens when you don’t pay your
federal
taxes? The IRS may have a legal right to file a
tax lien on your real property. Should a bank or other lender foreclose the property, the IRS can
choose to exercise its lien rights and try to recover what it is owed. F
or this process to work, the
IRS must have someone guarantee to purchase the property at a minimum bid price. That’s
where the GSA comes to the rescue.
The GSA/IRS Redemption Program allows the GSA to assist the IRS in exercising its lien rights
and recov
ering money
from the sale of real property. The GSA also is responsible for selling
Rogue Real Estate Investor
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unused or unneeded federal property, such as federal facility buildings, warehouses, and
military installations.
Properties may be sold by sealed bid, public auction or on
line auction. The
winning bid is the
high
est
bid.
As a winning bidder, you must purchase the property. For m
ore information, visit
https://propertydisposal.gsa.gov
/ResourceCenter/PRHomePage/loadPRHomePage.do
,
or
contact the GSA at:
GSA Property Disposal Division (9PR)
Attn: I RS Redemption Program
450 Golden Gate Avenue, 4th Floor East
San Francisco, CA 94102
-
3434
Phone: (202) 501
-
0084
Toll free phone: (800)
421
-
78
48
Note:
Be care
ful
,asmany
of
these GSA properties a re from former military bases. These
properties probably have serious environmental issues
(refer to Chapter 10)
.
U.S.
Department of the Treasury
Internal Revenue Service (IRS )
Some properties ar
enowoffereddirectlyfromtheIRSthroughpublicauctionorsealedbids.All
property is sold for cash (i.e., cashier’s check) and the winning bidder is issued a quit claim
deed. Anyone with an interest in the property can redeem within 180 days from the
sale by
paying the purchaser the amount paid plus 20 percent annual interest. The current listing of
properties is available at
http://www.treas.gov/auctions/irs/cat_Real7.htm
.
U.S. Marsha
l
sService
The U.S. Marshals Service is charged with disposing of assets, including real estate, that are
seized by federal law enforcement agencies. Visit the Asset Forfeiture Program at
http://
www.usmarshals.gov/assets/index.html
.
Properties seized by court order are
often
offered
for auction on Bid4Assets at
http://www.bid4assets.com
.
U.S. Small Business Administration (SBA)
Like the Federal H ousin
gAdministrationortheVeteransAdministrat
ion, the SBA guarantees
loans to
qualified small businesses. This allows businesses to receive favorable interest rates
and terms, while allowing banks the confidence to loan money knowing the U.S. government wi
ll
back the loans. In some cases, businesses forfeit their properties and the SBA takes ownership
to pay off the lender. Visit the following web page for a current listing of SBA properties:
http:
//app1.sba.gov/pfsales/dsp_search.html
.
U.S. Department of Interior
B
ureau of Land M anagement
(BLM)
The Department of Interior’s BLM manages federal land primarily in 11 western states.
Occasionally, the government will decide that certain parcels of
land are no longer in the
public’s interest and they are offered f or sale. Sales may be held by public oral auction or closed
bid, usually at the BLM’s nearest regional office. For more information, visit
http://www.blm.
gov
.
U.S.
Department of Agriculture (USDA)
The USDA also maintains a database of residential, multifamily, commercial and farm properties
available for sale
.Formoreinformation,visit
http://www.resales.usd
a.gov
.
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EIGHT
Rental Property Management
“A thick skin is a gift from God.”
Konrad Adenaur
So you negotiated a deal and made it through closing. Now, fear sets in. Can I rent this place?
Will I find a good tenant? How much should I ask? You
should know most of the answers
already, it’s just that anxiety often m akes us irrational.
Rental property management is not hard if you set the rules ahead of time and follow them.
Advert ising
From what I have found, the Sunday classified section is s
till
agood
place to run an
advertisement. C all your local paper immediately and run an ad. Even if you are fixing up a
property, you can still take phone calls and even show the property.
Check out rental property management companies. They often have li
sts of property that they
charge renters for, and are usually more than happy to include your listin
gforfree.Next,buya
For R
ent sign at the hardware store and place it in the yard and on the closest busy str eet.
Lately, I have had excellent results w
ith Craig’s List, an online directory of classified listings.
Amazingly, you can place an ad on Craig’s List for free. Visit
http://www.craigslist.com
and
search for your regional location.
Making Appointments
A
lmost immediately you will receive phone calls. I try to be courteous to everyone and return all
phone calls. Establish one or two days a week t o show t he property and no more. For example,
you might say, “If you are interested in seeing the property, I wi
ll be showing it Friday night
between 6:30 p.m. and 8:00 p.m. and Sunday between 2:00 p.m. and 4:00 p.m.”
I
tistoochaotic
to be running over to your unit and showing it every ti m e someone calls.
Showing the Property
Make sure the property is as clean a
nd ready
-
to
-
go as possible. Even if you are working on the
property, pick it up a l ittle. Be sure to
have
rental applications and pens. As each person, couple
or family arrives
,
show them the house and spend a few minutes talking to each prospective
tenant
.Youllbeamazedatwhatyouhear.
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-
Ask if they would like to fill out an application or take it with them and fill it out later. I usually
indicate that I use a first
-
come, firs
t
-
serve basis on qualified tenants. In other words, as I receive
applicati
ons, I number them starting with “1.” My prospective tenant is the first qualified
applicant. You may choose to charge an application f ee, but I don’t. I would rather not eliminate
ahighqualitytenantbecauseofanapplicationfee.
Evaluating Tenants
O
nce you have a pool of tenants to
evaluate
,startwiththefirstapplicantandapplyanimpartial
screening process. The fi rst
criterion
Iusetoscreenapplicantsiswhethertheyareemployed
and how much they earn. I use the 3x rule. My tenants must make
at least three times their rent.
Employment must be verified with a phone call. I should tell you that incomplete applications do
not count. If an employer’s number or a previous landlord’s number is missing, then the
application is held awaiting completi
on. In other words, it’s put on the bottom of the pile.
As you speak with prospective tenants, relatives, employers, etc., you will hear all kinds of
stories. I listen and I feel sorry for some applicants, but I also realize that this is my property and
a
bad tenant is very hard to get rid of.
Finally, sort your top three winning candidates and call to congratulate the winner. Occasionally,
you will be surprised to hear that your first candidate has chosen another place or is no longer
interested. In thi
scase,moveontoyoursecondcandidate.
Section 8 tenants are a special case that you may want to consider. These individuals have
been qualified
under the HUD
Housing Choice Voucher Program
to receive government
assistance for housing
,whichwouldbep
aid directly to you. If your rent is more than their
voucher, the tenant will need to pay the difference to you. Also, your property will have to pass
an inspection before you can rent to a section 8 tenant.
Note:
As a landlord, you cannot refuse to rent
,sellornegotiatewithanyonebecauseofrace,
color, religion, sex, national origin, or mental/physical handicaps. You must abide by the Fair
Housing Act requirements. In some states, these requirements only apply to landlords operating
acertainnumber
of units (e.g., three or more properties), but to play it safe and do the right
thing you should never discriminate in choosing tenants.
Signing t he Lease
Set up a t ime to sign the lease and conduct a walk
-
through of the property. The walk
-
through
allow
sbothofyoutonoteitemsthatarefaulty,missingorbroken.Signtwocopiesofthelease
and collect the initial deposits and rent. Always require a money order, cashier’s check or cash
during the initial signing. Be sure to provide the tenant with a r
eceipt. Inexpensive receipt books
are available at office supply stores. After all of this, you are ready to hand over the keys.
Be sure to explain your expectations. Remind the tenant when the rent is due and when it is
late. I usually require rents due
on the first day of the month and consider them late after the
fourth day of the month. Remind the tenant who is responsible for yard maintenance, cleaning
gutters, changing furnace filters, etc.
Make sure that you explain your policy on fixing or paintin
ginlieuofrent.Ipersonallydontlike
to mix the two. In other words, I may allow a tenant to paint or fix something, but I would rather
reimburse them for paint or their services instead of taking it off the rent. I know it’s the same,
but it m akes y
our accounting more difficult to reduce rent and it gives too much incentive for
Rogue Real Estate Investor
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49
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tenants to come up with unique ways to make improvements instead of paying the full rent.
Also, it’s a good idea to require all improvements to be approved ahead of time and i
nwriting.
The
data CD that accompanies this book
has a
lease example.
Structuring a Lease
You should always require a minimum of one year for every lease, unless you run into serious
difficulty in finding suitable tenants. The reason here is that each
move takes a toll on your
property and you. E ven the best tenants create wear and tear that must be fixed before leasing
it again. This often means cleaning, painting, fixing, mowing, etc. Remember the phrase, “A bird
in the hand is better than two in a bu
sh.” It applies here. If possible, sign longer leases (i.e., 2 to
3years)andofferadiscount.Forexample,ifyouareleasingapropertyfor$725amonth,
consider dropping the price to $700 a month for
a2
-
year lease. Believe me, it’
sworthit.
Renta
l Incentives
You might also consider offering a discount for rent paid on time. Let’s say you offer a bonus
incentive for your tenants to pay on or before the first day of the month. In exchange, you give
them $10 in credit to be redeemed or reimbursed at
the end of the year. This is a powerf ul
incentive. You can play it up that it will be extra Christmas m o ney. This is important to you
because you want your money on time. Remember the time value of money. Of course, if you
decide to use a property managem
ent company, they will have their own policies that will help
you get your money on time; however, you will be paying a premium for their help.
Security Deposit
You should always require a security or indemnity deposit. The amount may be dictated by the
state or local government that you are in. In Kansas, you are not allowed to accept a deposit for
more than one month’s rent.
Iusuallyrequireanoddnumberthatisslightlylowerthanonemonthsrent.Again,ifthe
monthly rent is $725, I might require
$700 for the security deposit. This signals to a tenant that
the two are separate, s o there is no enticement to skip out the last month and use the last
month’s rent to pay for it. Some property owners require both a security deposit and the last
month’s
rent or half of the last month’s rent. You will have to experiment with this.
Parting Ways/Eviction
If you run into a situation where the tenant’s rent is constantly late or they can’t pay at all, you
may have to part ways. Your first option here should
be to work with the tenant and creatively
come up with a payment schedule or way to work off the debt. F or one of my properties, i
t
became obvious that my tenant
could no longer pay the rent. I was patient, but worried that I
wouldnt see my money. I met w
ith the tenant and explained th
at it wasn’t working out and that
the
property must be too expensive.
Since t he house needed some painting and a few repairs, I suggested that the tenant provide
these services and he agreed.
He
decided to move out in a mo
nth
,but
in the meantime, the
tenant painted the exterior and fixed the woodwork. Believe me, this is m ore than I would have
received with a hostile attitude.
Rogue Real Estate Investor
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50
-
As an incentive for moving out, you can use the security deposit. It may be possible to entice a
tenant to leave with the deposit. For example, you could say that it’s not working out and that
you’ll return part of the security deposit if the tenant moves out in a month.
Sometimes your best efforts won’t work and you will have to evict a tenant. To
start the eviction
process, you must visit the county courthouse and fill out paperwork known as a writ of
possession. Each county is different, so you will need to ask a l ot of questions and follow their
procedures.
Rogue Real Estate Investor
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51
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NINE
Secrets of Selling Pr
operty
“Too m uc h of a good thing is no good.”
overheard somewhere
The Price is Right
Don’t even think about selling your property unless it is priced right. Refer back to Chapter 4 on
estimating the value of real property. Too many homeowners get gre
edy here and want every
last penny they can get from their property.
W
hat happens
in the long run
is
that
their property
stays on the market too long and may even be used by realtors as an example of a property that
is overpriced. Remember the time value o
fmoney.Thetimeittakestosellapropertyismoney
that you have tied up and could us e to make other deals.
I
also
have
alluded to the fact that rental property will likely have to be sold at below market
value because of the rental stigma. This is
especially true for single
-
family homes.
The Time is Right
Every year something amazing happens, and you can watch it from your car window or while
walking down the street. Every spring trees blossom, flowers bloom, birds chirp and there is a
sense of
wonder and newness in the air. Something amazing happens in the housing market as
well. For sale signs begin popping up like weeds.
By far, spring and early summer are the best times to sell a property. I suppose there are a
number of reasons for this.
Kids are out of school and parents can move easier. The weather is
nice and people are in a buying mood. Lawns and landscapes can be made into beautiful
arrangements. The best thing about selling in t he spring is that demand is high and properties
command
higher prices. Take advantage of this annual phenomenon.
As you can probably guess, the best time to buy (in most of North America) is in the middle of
winter, when it is cold and dreary. Of course, if you live in, or plan on investing in, places like
Pho
enix, Arizona or Fort Meyers, Florida, then the opposite may be true. Winter may be the
best time to sell and summer may be t he best time to buy.
The Property i s Right
The object
ive
here is to make a house sellable by spending the least amount of money .
It’s
amazing what I have seen, and
what
you
have
probably
seen
,too.Homeownersandeven
Rogue Real Estate Investor
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52
-
investors get caught up in fixing every detail and making a property beautiful when in reality a
buyer wants a nice property in a good location and that’s about it.
Make small improvements that result in large profits. Here is a quick list of things to do to get
your property ready to sell:
x
Clean up the i nside and outside of your property. Get rid of anything that you don’t need.
Clean windows, doorknobs, walls and
make them bright and shiny. Remove any
cobwebs and dust.
x
Neatly arrange and reduce the amount of personal property.
x
If you are living in the property, get rid of about half of the clothes in your closet and
store them somewhere. Closets need to be open
and inviting.
x
Clean kitchen cupboards and make sure they show plenty of room.
x
Clean the basement and garage and remove wetness and mildew. Before applying
paint, use a product like Kilz to remove mold.
x
Put a fresh coat of paint on the inside and outside.
Be sure to use neutral colors (e.g.,
beige, taupe, off
-
white, or cream). Depending upon the condition of the paint, you may
only need to do a touch up.
x
Cut any weeds, tall grass or overgrown shrubs. Plant some inexpensive and blooming
flowers.
x
Remove stai
ns, odors and dust. Fill your house/property with pleasant odors. If you are
living there, a nice home
-
cooked meal may do the trick; otherwise, use scented candles,
incense or some other pleasing aroma. Be careful here. You are looking for a mild and
unive
rsally appealing aroma.
x
Turn all
the
lights on and use high wattage bulbs. The brighter a house, the cleaner it
seems.
x
Replace carpeting or steam clean.
x
Fix cracks in drywall.
x
Fix or install ceiling fans.
x
Clean and polish hardwood floors.
x
Replace old worn
faucets and other inexpensive fixtures.
x
Remove old shower curtains and mats.
x
Clean or recaulk bathroom tile.
For more information on selling your home, refer to Bruce Hahn’s book,
How to Sell Your Home
Fast
(1976).
Major improvements are much more risky.
The following table, derived from the Chicago
Federal Savings and Loan Association (1995), shows what type of cost recovery you can expect
from major home expenditures:
Rogue Real Estate Investor
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53
-
Anticipated Cost Recovery of Major Home Expenditures
Improvement
Estimate
dCost
Cost Rec overy
Deck
$2,000 to $4,000
50% to 60 %
Re
-
siding
$3,000 to $5,000
70%
Add a full bath
$1,500 to $3,000
40% to 70 %
Add a garage
$3,000 to $5,000
60% to 10 0%
3rd Bedroom in existing space
$6,000 to $8,000
Up to 100%
3rd Bedroom house add
ition
$7,500 and up
Up to 100%
4th Bedroom house addition
$7,500 and up
75% to 10 0%
Kitchen remodeling
$3,500 to $8,000
80% to 10 0%
Family room addition
$10,000 to $20,000
80% to 10 0%
Fireplace
$2,500 to $4,000
Up to 100%
Gutters, soffit, facia
$2,500
to $4,000
30%
Insulation
$600 to $1,70 0
None
Landscaping
$10 to $2,000
20% to 50 %
New heating/air conditioning
$1,000 to $1,500
None (expected)
Patio
$1,500 to $2,500
40% to 50 %
Repaint exterior
$1,000 to $2,000
50% to 80 %
Roof replacement
$3,000 to
$6,000
50%
Storm windows and door s
$6,000 to $10,000
25% to 30 %
Swimming pool
$2,500 to $20,000+
0%
to 50%
Home office
$0 to $5,000+
50% to 80 %
Source: CNN, July 2002
Rogue Real Estate In
vestor
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55
-
TEN
Managing Environmental Risk
“A moment’s insight is sometimes worth
alifesexperience.
Oliver Wendell Holmes
In most cases, real estate is one of the safest ways to make a high return on your money.
However, one of the biggest risks you face when purchasing real estate is environmental
problems. Purchase a property
with environmental contamination and you could lose money or,
worse yet, even go bankrupt.
Why?
If you own a property that has known environmental problems, virtually no one will want to buy
it. At a minimum, even if t he problems are minor, you likely
will only be able to sell the property
for 10 or 20 percent of what it is really worth. In many cases you will not even be able to give the
property away for free. This is because environmental laws are written so
that
the current owner
is liable for the c
ontamination, regardless of whether he/she caused the contamination or not.
Therefore, if you purchase a property with environmental problems, you are financially liable for
cleaning up the contamination to levels that are acceptable to the United States
Environmental
Protection A gen
cy (USEPA) and, in many cases, s
tate Environmental Protection Agencies. By
law, these agencies can also sue you, the property owner, and make you pay for cleanup. For
even m inor problems, environmental cleanups can cost hundre
ds of thousands of dollars.
Larger environmental problems can drag on for decades and cost millions of dollars to rectify.
For most situations, any environmental problems should be a deal killer f or real estate investors.
For foreclosed properties, und
erstanding and avoiding environmental problems takes on even
more significance. This is because you are buyi ng properties from people who are not paying
their mortgage or
,inthecaseoftaxliensortaxdeeds,theirpropertytaxes
.
One
reason for
letting
the property go into default is the creation or discovery of environmental problems. After
all, if you bought a property and then discovered that the property had environmental problems
and you could not sell it, what would you do?
Commercial vs. Resident
ial Properties
By far, one of the easiest ways to avoid environmental problems is to only purchase residential
properties. You will probably avoid 75 to 90 percent of all properties t hat have environmental
problems if you never bid on commercial propertie
s. This is because in most cases, individuals
Rogue Real Estate In
vestor
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living in residential homes do not have any need to create, store or distribute the type and
quantity of hazardous materials that can cause significant environment al contamination.
Also, residential homes ar
enottypicallylocatedinindustrialareaswherenearbycommercial
businesses are using hazardous substances that could impact the area. Remember how
environment al laws are written:
Even if your neighbor causes your property to become contaminated, you
could still be held
liable for the contamination, especially if it cannot be proven w ho cau sed the contamination
.
That is one reason why cities and counties have zoning laws and often create areas called
industrial parks. In these industrial parks, bus
inesses are kept separate from residential areas
so potential environmental impacts to most citizens can be controlled. The environmental laws
are also written so levels of contamination in soil, air and water in industrial areas can be higher
than residen
tial areas and still be in compliance with the law.
Potential Environmental Problems
The following
is a
discussion
of potential environmental problems to
be aware of
and to look for
when you start resea
rching properties.
Industrial parks
Industrial par
ks are large tracts of land that have been zoned for commercial operations that are
typically involved in manufacturing some type of product.
T
hese industrial parks are
sometimes
located in areas that border residential areas, so watch out. Usually you can
determine if a
property is near an industrial park just by looking at a county map or driving by the property.
Highways
Although you m ight not expect it, highways can be a place where environmental problems m ay
be present. Asphalt, deicing compounds
and lead from automobile exhaust can pollute soils and
groundwater. Roadsides along highways can be potential dump sites for just about anyone
looking to get rid of something they don’t want. And because drainage channels usually border
highways, sometime
sfloodingcanbeaproblemwhendrainagechannelsfillup.Inaddition,
remember that it can be difficult to sell properties near major roadways because no one wants
traffic in their backyard. If you are l ooking at property that is near or on a major high
way, make
sure you inspect the property bordering the highway to look for signs of dumping, flooding,
asphalt/tar, soil staining, excessive trash or any other suspicious looking items.
Landfills
Landfills are everywhere. After all, where do you thi nk you
rgarbagegoeswhenthetrashtruck
comes to your door? Landfills range from municipal landfills that are used for disposing of
residential garbage to chemical/hazardous waste landfills that are specially designed to dispose
of hazardous waste. Property ne
ar any landfill almost always gets a big reduction in market
value. Property near a chemical/hazardous waste landfill may not even be sellable. You can
usually locate landfills by topographic maps or county maps. Also, there is al ways a l ot of truck
traffi
cnearalandfill.Unlessyouhavespecializedknowledge,neverbidonpropertiesneara
landfill.
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Gas stations
Any property near a gas station should cause alarm. To avoid explosions, gas stations have
underground storage tanks where gasoline or dies
el fuel is stored. Unfortunately, many of these
underground storage tanks leak, often causing environmental contamination in soils and
groundwater that can migrate onto adjacent properties. Gasoline and diesel fuels also contain
many hazardous chemicals, a
nd some have been proven to cause cancer. Across the United
States and the entire world for that matter, billions of dollars a year are spent cleaning up
environment al contamination caused by gas stations. Gas stations are also usually very busy
and noisy.
Avoid any properties near gas stations.
Dry cleaners
Although at the surface dry cleaners may seem harmless, they can be the cause of very serious
environment al problems. Dry cleaners use solvents to clean garments that can migrate great
dist
ances in the soil or groundwater. It i s not uncommon for dry cleaning solvents to mi grate
several miles from a dry cl eaning business. If the solvents are poured down the drain or
dumped on the ground, they can mi grate below ground and contaminate the groun
dwater. Once
the groundwater is contaminated, it c an migrate thousands of feet
away from
the dry cleaning
business and contaminate large areas of groundwater, potentially affecting many property
owners. W ells located within the solvent plume
can
become pol
luted and may no longer be
used for drinking water.
Hazardous waste sites and disposal areas
Some companies manufacture, store or transport hazardous chemicals. Federal facilities such
as military bases may use large quantities of hazardous wastes to
manufacture weapons. When
these wastes are improperly handled and released to the environment, the area often becomes
what is called a hazardous waste site. Hazardous waste sites can be anywhere, but they are
most commonly located near military bases, dump
sites, landfills, gas stations, dry cleaners or
anywhere where significant quantities of hazardous chemicals may have been used.
Hazardous waste sites that are regulated by the USEPA are called C ERCLA (also called
Superfund) and RCRA sites. CERCLA stan
ds for Comprehensive Environmental Response,
Compensation, and Liability Act and governs most hazardous waste sites that are no longer
operating facilities. RCRA stands for Resource Conservation and Recovery Act. This law
governs facilities that are still
operating. State laws also govern hazardous waste sites such as
gas stations and many RCRA facilities. Unl ess you are an expert i n environmental cleanups,
never buy a property near a hazardous waste site. You could become liable for cleaning up the
contami
nation. Many people have gone bankrupt after buying land or property on or near a
hazardous waste site.
Federal facilities, current and formerly owned military bases
Military bases are notorious for their environm ental problems. Some military installati
ons
manufacture hazardous materials (e.g., ammunition plants) or store t hem,
while
other military
bases have large maintenance facilities that service aircraft/military equipment or perform
weapons testing. Be very careful if you are looking at property ne
ar a military base or federal
facility. Many of the areas around military bases become Superfund sites that can take decades
to clean up. Property values are typically very depressed in these ar eas.
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Airports
Buy property near an airport an
dyoumightfindyourselfwithsomethingthatwillbedifficultto
sell.
Would you want to live near an airport
with
its
noise
pollution
?Probablynot.
In addition,
a
ircraft maintenance and fueling can cause environmental contamination due to t he quantity
of
fuel used and the toxic compounds in the fuel.
Wastewater treatment plants and pump stations
Unless you have a septic tank, when you flush your toilet the water eventually goes to a
wastewater treatment plant. These plants are undesirable for neighbo
rs because they often
smell and spills/leaks of sewage can occur. Pump stations are areas where the sewage is
collected and pumped to the wastewater treatment plant. If you can, avoid properties near all
these areas.
Refineries, tank farms, tank cleaners
and waste oil storage/handling facilities
Just about any business that manufactures, handles or stores petroleum products should be
cause for looking elsewhere. Most forms of petroleum contain hazardous chemicals, and
petroleum is very flammable and exp
losive.
Oil wells, well fields, gas and petroleum pipelines
Even in its raw form, crude oil cont
ains hazardous chemicals. O
il drillers can be sloppy in their
waste handling practices and may leave large brine pits, open holes and dump sites after they
are finished drilling.
In addition, m
any attempted drilling locations are often abandoned when
little or no oil or gas is found.
Electrical substations and power grids
Although no one has been able to definitively prove that living near a large magne
tic field
causes cancer, there is some pretty good evidence that large electrical substations and power
grids can cause serious health problems. Al so, PCBs, an environmental contaminate that can
be expensive to investigate and clean up, were at one time co
mmonly used in transformer oils.
Property located adjacent to an electrical station or beneath a large power transmission grid
should therefore be avoided.
Mines and quarries
Abandoned and current mines and quarries should be avoided. Mines often contai
nhigh
concentrations of heavy metals, lik e lead, m ercury and arsenic. A t most mines, these naturally
occurring metals are concentrated, which is the reason the mine was constructed in the first
place. Also, explosives are often used at mines to blast away
the top rock. Surface water or
groundwater passing through a m ine can become contaminated with metals and
become
overly
acidic (called acid mine drainage). Mines also
are
usually a liability issue since they can
collapse or lure children that can become l
ost and suffocate. Quarries can have similar
problems.
In addition, q
uarries
often
have steep cliffs and deep pools of water that can be a
hazard to anyone on the property.
Agricultural areas
Agricultural areas, including pig/chicken f arms, pesticide
/fertilizer manufacturers, agricultural
chemical m akers and transporters, and grain storage facilities, have the potential for
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environment al contamination that could migrate to adjacent property. These areas are also
usually smelly and may have a lot of tr
uck traffic. Every situation is unique, but if it looks like a
major agricultural operation is going on next door, make sure you know what it is and
understand that property values may be affected.
Fuel oil tanks
In the Northeast, many homes are
heated with fuel oil and properties often have buried fuel oil
tanks. While this should not be an immediate cause for alarm, make sur e you are familiar
enough with the local area to k now that their presence could at least be a possibility. A leaking
fuel
oil tank can be costly to fix or remove. Look for soil staining, oil sheens on nearby streams
or standing, oily water. In most cases you will not be able to fi nd the tank. When you go to the
county assessor, see if you can find out if the property has a fu
el oil tank by looking at the
county records available for the property.
Septic tanks
Similar to fuel oil t anks, properties having a septic tank should not necessarily be a cause for
alarm. Most rural properties have septic t anks and many operate corre
ctly.
A
faulty septic
system is usually easy to spot or, should I say, smell. Look for smells around low spots or in
ditches. If you smell sewage and the property is in a rural area, you may have located a septic
problem. This may not be a deal killer if t
he property is a good bargain, but fixing a septic
problem can cost thousands of dollars and require approval by the county.
Lead paint
Homes built prior to 197
8
may contain lead
-
based
paint. Due to increased lead l evels in children
who lived at or near
homes containing lead
-
based paint, lead can no longer be added to paint.
However, older homes may have lead
-
based paint chips around home foundations. This is not
usually a problem, but be aware that you may have to disclose this to future buyers
or renter
s
of
the property, especially if they finance the purchase with a
nFHAorothergovernmentloan.If
you are renting or owner
-
financing a home built before 1978, you should have your p rospective
renter or buyer sign a l ead
-
based paint disclosure form.
Asel
ler’s disclosure form is available at
http://www.hud.gov/offices/lead/library/enforcement/selr_eng.pdf
;andalessorsdisclosureform
is available at
http://www.hud.gov/offices/lead/library/enforcement/lesr_eng.pdf
Asbestos
Asbestos is more common in commercial buildings, but it can be found on older homes or
located at dump sites on raw lan
d. Inhaling asbestos fibers has been proven to cause cancer in
humans and asbestos cleanups can be very expensive. Look for shingles or insulation that is
friable (breaks apart when pulled strongly), old and not flammable. It is rare to find asbestos on
a
residential property. If you find something that looks suspicious you can have it analyzed for
about $100.
Mold
Mold has gotten a lot of attention lately. Insulat ion or other building materials that get wet and
stay damp for a long time can be an
incubat
or for mold. One variety
called toxic black mold,
which
appears to grow very well in building materials
,
can cause serious health problems. This
environment al problem is sometimes difficult to spot, because even new homes t hat appear to
be properly
constructed can develop mold problems that can be hard to rectify. Entire walls may
need to be torn out and replaced, and once mold is present in a home it can be difficult to
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eliminate. Across America, there are many cases of builders being sued for new h
omes they
built that later developed a mold problem. New homes that enter tax delinquency because t hey
could not be sold and show no other environmental problems are possible candidates for mold
contamination. H owever, mold cases are rare, so it is unlikel
yyouwillencountermoldproblems
in most homes.
Radon
Anywhere where proper
ty is built directly onto shale (
acommontypeofbedrock
)
,radonmay
accumulate in crawl spaces, basements and low areas. Radon gas breathed over a lifetime has
been s
hown to cause cancer. A lot has been made about radon and
normally
the fear is
overblown. To fix a radon problem usually only requires better ventilation. Often all that is
needed is a fan or better circulation to k eep radon levels down. However, like all
environmental
problems, you should be aware of everything. Radon contamination is most common in the
Midwest, where basements are constructed and shale layers in the subsurface are common.
Private wells
Properties with private wells can be a blessing o
racurse.Ifthewellisnotcontaminated,you
have a very cheap water supply. If the well has contamination, you probably will not be able to
use it and may need to pay to have it abandoned to avoid future problems. Wells t hat are
located in low spots or
are near obvious contamination sources like septic tanks or fuel oil tanks
are candidates for
being polluted
.Also,rememberthatcontaminationfromothersourceslike
gas stations, dry cleaners, military bases and oil fields can travel many miles undergr
ound in
what is called a groundwater plume. Groundwater plumes can contaminate all the
wells in a
large area. Usually
if you avoid buying properties near any of the areas mentioned above, your
well should be okay.
Flooding
Flooding is a very common envi
ronmental problem that can impair or, in some cases, ruin a real
estate investment. In most situations, the government does not allow builders to construct
homes in any areas that have been designated a flood pl ain. However, even these areas are
chosen bas
ed on educated guesses of how large an area will fl ood every 50 to 100 years, so if
arealdelugeoccurs,allbetscanbeoff.Tofindevidenceofflooding,lookfordarkstainingon
structures that appear
s
to end at the same place. Also, look for debris o
nsmalltrees,again
hanging at roughly the same elevation across an area. Find soils that appea
rcrackedanddry,
like they h ave
been through many wet and dry c ycles. You can also l ook at topographic maps
and find areas where the contour lines are lower i
nelevationthananywhereelse.Thesemaps
may also show dotted areas that are wet during periods of the year.
Settlement
When the ground settles after a structure has been built on it, the structure may fail. Repair of
settlement problems can be ve
ry expensive. Severely cracked basements and foundations are
often easy to spot. Look for concrete structures that are cracked or not level. Clay soils settle a
lot more than sand or rock.
That is because certain clay minerals can shrink or swell, sometime
s
as much as two times their size from the dry to wet state. This is a large problem in some
locations, such as the Midwest.
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Special situations
Earthquake zones, steep cliffs or strongly sloping property, heavy rail traffic, unfavorable soil
conditi
ons and polluted groundwater represent situations that m ay be unique to certain areas.
This is why it is very important that you have some understanding of the area before you invest.
Some areas are just not suitable for investment or t heir market value is
at least impaired
because of a factor that may be common knowledge to locals but relatively unknown to
outsiders. To find most special situations that could impact the property values, learn the area
and talk to locals. If many houses in an area are not s
elling, it is usually a warning
sign that
something is wrong. For example, in some parts of Florida the com bination of limestone
bedrock and a rainy climate can result in occasional sink holes.
Environmental Assessments
After going through this list of
items to consider, you should be familiar with most of the common
types of environmental problems.
However, like m ost subjects, environmental issues can get very complicated. When checking for
environment al problems, especially on commercial properties,
many real estate attorneys
advise their clients to have what is called a Phase I Environmental Site Assessment conducted.
During a Phase I Environmental Assessment, an environmental professional will do a property
search and often visit t he site to check f
or environmental problems.
During the property search, the environmental professional will review what are called Sanborn
maps. These m aps are really just historical plat maps that show many of the previous owners
and uses of the property. T hey are date
dbyyearandcanbefoundatthecourthouse
or public
library
.
If you are reviewing a property and find potential signs of environmental contamination, or
suspect the area was once used for something that could have cause
d
environm ental
contamination, yo
ushouldprobablyconsultwithanexpertoravoidtheproperty.
During a Phase I Environmental Assessment, environmental professionals review t opographic
maps, county m aps,
and
geologic maps
,aswellas
call state professionals familiar with the
area
,
to
learn about
area groundwater,
soil conditions and any nearby contaminated sites.
As
part of their assessment, they scan for many of the same things discussed above to determine if
t
here is any reason to suspect
the property has current environmental contam
ination or could
become contaminated in the future.
After doing the Phase I Environmental Assessment, a report is prepared
.If
potential
environment al problems are found, the buyer either walks away from the real estate deal or he/
she may ask the owner o
fthepropertytoperformaPhaseIIEnvironmental
Site
Assessment.
During a Phase II Environmental Assessment, samples of soil and possibly groundwater fr om
the site are often collected and the samples are sent to a laboratory to determine if
environment a
lcontaminantsaboveregulatorylevelsarepresentontheproperty.
Working as an environmental professional for over 15 years, I have personally done many
Phase I and II i nvestigations. In most cases, I have found that common sense prevails during
these
investigations. Always remember the following:
If you would not want to live in or near the
property for any reason, do not buy it or bid on it
.
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Look on topographic maps and county maps for nearby undesirable neighbors like landfills or
waste sites.
Drive by the property to see what the neighbors look like. Any nearby commercial
or government properties should be scrutinized carefully. Look for obvious signs of
contamination on or near the property using the above guidelines.
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ELEVEN
Bankrup
tcy
Issues
Patience and fortitude
conquer all things
Chinese proverb
In addition
to environmental problems, bankruptcy represents one of the biggest r
isks to real
estate investors.
The reasons f or this are
two
-
fold.
First, bankruptcy is a risk beca
use m ost real estate investing involves distressed properties and
distress
ed owners.
Whether you are buying government foreclosures, bank foreclosures, tax
lien certificates, tax deeds or even preforeclosures, chances are you are going to be dealing
with i
ndi
viduals in financial hardship.
This means in many cases you will be dealing with
individuals
who
are either contemplating bankruptcy or have already filed for bankruptcy.
Second, and this a warning to all real estate investors, a great number of real e
state investors
and real estate developers file for bankruptcy every ye
ar.
This i s because real estate deals often
use financial leverage and when a deal goes south, it can have dire consequenc
es for the
investors involved.
As a real estate investor you mu
st always evaluate every deal closely
,
and
have enough margin of safety that if conditions change or you m iscalculate what you can make
on the deal, it will not cause you to file for bankruptcy.
Therefore, given both of these possibilities, every real est
ate investor should have a working
knowledge of bankruptcy and how it could affect real estate deals
he or she
might make.
In the summer of 2005,
a
new ban
kruptcy law went into effect. This bankruptcy law
,calledthe
Bankruptcy Abuse Prevention and Consum
er Protection Act, radically c
hanged the bankruptcy
process.
Here i s
a
summary of the new bankruptcy process with an emphasis on the provisions
that could affect real estate investors.
B
ankruptcy can
generally
be divided into three main categories: Chapte
r7,Chapter13and
Chapter 11.
Chapter 7 and Chapter 13 are reserved for person
a
lbankruptciesandChapter11
is reserved for corporate bankruptcy
.
Chapter 7 ban
kruptcies could be called drive
-
through bankruptcies because the pro
cess is
quick, usually la
sting six months.
Chapter 7 is designed for individuals
who
have lots of
unsecured debt (credit card debt is unsecured debt) and very l ittle if any secured debt (secured
debt is debt that is backed by collateral
such as a house).
During the bankruptcy revi
sion of
2005, Congress made it much harder for individuals to declare Cha
pter 7 bankruptcy.
Now to
declare a Chapter 7 bankruptcy, individuals must me
et the following qualifications: (1)
their
median household income must be below t he average median househ
old income for their state
,
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and (2)
they can only declare a Chapter 7 bankruptcy once every eight years (under the old
rules
it was once every six years). Usually
under a Chapter 7 bankruptcy, all
unsecured debt is
discharged.
Also prior to declaring bankr
uptcy of any type, credit counseling is required.
Chapter 13 bankruptcies are longer in duration and are largely reserved for individuals
who
have lots of secured debt.
Under the new rules, Chapter 13 bankruptcies are five years in
duration (under the old
laws
three years was more common). U
nder a Chapter 13 bankruptcy, a
payment plan is
typically
set
up and the debtor is required to pay back most of their debts.
Again, prior to declaring bankruptcy of any type, credit counseling is required.
Chapter 11 b
ankruptcies are reserved for corporations and the rules are complicated. Generally,
Chapter 11 bankruptcies can go on f or years and resolution of all debts is complicated.
For real estate investors desiring to purchase property from an individual involved
in bankruptcy,
C
hapter 7 is the best scenario.
The bankruptcy will be resolved quickly and it is unlikely that the
individual involved will keep any secured debt
(i.e., property) they own.
Under Chapter 13, the
bankruptcy process will be drawn out and the
individual will likely k
eep any secured debt they
own.
This means that if you are trying to foreclose on a home involved in a Chapter 13
bankruptcy, you may not win.
A
nother important consideration for real estate investors
who
may be contemplating inves
ting in
foreclosures or other distressed property is the homestead
exemption.
All states include
homestead exemptions as part of the bankruptcy process
,
but the range of exemptions a
llowed
between states is huge.
The following table
includes the homestead
exemptions f or
all 50
states.
In a state like Texas, the homestead exemption is unlimited, meaning an individual
cannot lose
his
house in a bankruptcy proceeding, no matter how high the value, as long as the
home has been dec
lared
the individual’s
primary
residence.
Second homes, vacation homes
and investment property do not apply
,
so these types of property are still at ri
sk in a bankruptcy
proceeding.
In contrast, in Delaware there is no homestead exemption
,
so the entire value of
the homestead is at risk
.
State Bankruptcy Exemptions
State
Homestead Exemption
Single ($)
Homestead Exemption
Married ($)
Land Limit
Alabama
5,000
10,000
160 acres
single
320 acres
-
married
Alaska
67,5
00
67,5
00
Unlimited
Arizona
15
0,000
150,000
Unlimited
Arkansas
Un
limited if head of
household
Unlimited
0.25 acre
urban
80 acres
rural
California
$75,000 for family member
living with one o
r more non
-
owner family members
$150,000
if
65
years old; or
disabled;
or 55
years old
with an annual gross
income of $15,000
or less if
single
or $20,000 or less if
married
$50,000 all other persons
$75,000 for family member
living with one o
r more non
-
owner family members
$150,000
if
65
years old; or
disabled;
or 55
years old
with an annual gross
income of $15,000 or less i
f
single
or $20,000 or less if
married
$50,000 all other persons.
Unlimited
Colorado
45
,000
45
,000
Unlimited
Connecticut
75,000
75,000
Unlimited
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State
Homestead Exemption
Single ($)
Homestead Exemption
Married ($)
Land Limit
Delaware
50,000
50,000
Unlimited
District of
Columbia
100% of aggregate interest
in r esidential
property
100% of aggregate interest
in
residential
property
Unlimited
Florida
Unlimited
Unlimited
0.5 acre
c
ity
160 acres
rural
Georgia
10
,000
20
,000
Unlimited
Hawaii
20,000; 30,000 if head of
household or 65
years old
20,000; 30,000 if head of
household or
65 years old
Unlimited
Idaho
Lesser of
50,000
or total
net value
Lesser of
50,000
or total
net value
Unlimited
Illinois
15,000
15,000
Unlimited
Indiana
15,000
15,000
Unlimited
Iowa
Unlimited
Unlimited
0.5 acre city
40 acres rural
Kansas
Unlimited
Unli
mited
1a
cre city
160 acres
farming
Kentucky
18,450
18,450
Unlimited
Louisiana
2
5,000
2
5,000
5 acres
urban
200 acres
-
rural
Maine
35,000 or 70,000 with minor
dependents
35,000 or 70,000 with minor
dependents
Unlimited
Maryland
5,000
5,000
Unlimited
Massachusetts
500,000
500,000
Unlimited
Michigan
30,000 or 45,000 if 65
years old or disabled
30,000 or 45,000 if 65
years old or disabled
1 lot city
40 acres rural
Minnesota
200,000; 500,000 if
primarily agricultural
200,000; 500,000 if
primarily agri
cultural
0.5 acre city
160 acres rural
Mississippi
75,000
75,000
160 acres
Missouri
15
,000
15
,000
Unlimited
Montana
10
0,000
10
0,000
Unlimited
Nebraska
6
0,000
6
0,000
2 lots
city
160 acres
rural
Nevada
350
,000
350
,000
Unlimited
New
Hampshire
10
0,00
0
10
0,000
Unlimited
New Jersey
0 ( no exemption)
0 ( no exemption)
None
New Mexico
30,000
60,000
Unlimited
New York
5
0,000
5
0,000
Unlimited
North Carolina
10,000
10,000
Unlimited
North Dakota
80,000
80,000
Unlimited
Ohio
5,000
5,000
Unlimited
Oklahoma
Unlimited
Unlimited
Unlimited
Oregon
30
,000
39
,
6
00
Unlimited
Pennsylvania
0 ( no exemption)
0 ( no exemption)
None
Rhode Island
200,000
200,000
Unlimited
South Carolina
5,000
10,000
Unlimited
South Dakota
Unlimited
Unlimited
Unlimited
Tennessee
5,000
7,
5
00
Unlimited
Texas
Unlimited
Unlimited
10
acre
s
city;
2
00 acres
rural
Utah
20
,000
primary residence
5,000
other residence
40,000
primary residence
10,000
other residence
1 acre
primary
residence
Vermont
75
,000
75,000
Unlimited
Virgi
nia
5,000
plus 500 per
dependent
5,000 plus 500 per
dependant
Unlimited
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State
Homestead Exemption
Single ($)
Homestead Exemption
Married ($)
Land Limit
Washington
Lesser of 125,000 or total
net value of property
Lesser of 125,000 or total
net value of property
Unlimited
West Virginia
25,000
25,000
Unlimited
Wisconsin
40,000
40,000
Unlimited
Wyoming
10,000
10,000
Unlimited
Note
:
Visit
http://www.totalbankruptc y.com/bankruptcy_laws_in_your_state.htm
for more specific
details regarding state homestead
exemptions.
During the bankruptcy reform act of 2005, the homestead r
evisions were tightened at the f
ederal
level by capping the amount of the homestead exemption at $125,000 for any primary re sidence
where the occupant had only lived in t
he home for 40 m
onths or l ess.
This cracked down on a
common practice that had been occurring
where
high net worth individuals
who
wanted to
protect their assets in a bankruptcy filing were moving to states with high homestead
exemptions prior to declaring bankruptcy.
Ov
erall, real estate investors need t o remember three things about the bankruptcy process.
First, it will
slow down any real estate deal.
If you know beforehand that a property is involved in
bankruptcy, either plan on being patient or wa
lk away and find
another deal.
Chapter 7
bankruptcies will be resolved relatively quickly
,
but Chapter 11 and Chapter 13 bankruptcies can
drag on for years.
Second, if t he owner lives in a state with an unlimited homestead exemption and has occupied
the home f
or more than 40 months, your chances of foreclosure
are less
.
Third, vacation homes, second homes and investment property are not considered
homesteaded property and will not be protected in a bankruptcy proceeding
.
This is a double
edged sw
ord for real
estate investors.
If you are attempting to acquire a property that is not
homesteaded through the foreclosure process, yo
uwilllikelygettheproperty.
However, if you
are the owner of an investment property and are facing bankruptcy, you will likely los
ethe
property.
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TWELVE
Tax Implications of Selling Property
“The point to remember is that what the government
gives it must first take away.”
John S. Coleman
Whether you’re buying and selling foreclosures, holding on to rental
properties for an extended
period, purchasing tax liens or buying notes, Uncle Sam is anxiously awaiting his cut of the
profits. If you’re like me, you don’t mind paying your fair share, right? Well, how about paying
more than you’re required. In fact, ho
wwouldyouliketopayalotmorethansomeoneelseand
receive the same benefits? I wouldn’t.
The point is to minimize your tax liability. You are not trying to get by without paying taxes;
rather, you just want to make sure that you only pay what is r
equired.
Capital Gains and Dep reciation Recovery
First, if you buy and sell property and m ake a profit, you incur capital gains. Long
-
term capital
gains are generally taxed at a rate lower than your personal income tax rate. That is a bonus
and another r
eason to leave your 9 to 5 job and start a career in real estate.
The IRS considers long
-
term investments as those lasting over a period of one year. Short
-
term
capital gains are taxed at your normal income tax rate, which could be as high as 35 percent
for
some taxpayers.
Although the capital gains rate and holding periods seem to fluctuate with changing
administrations, t he recent tendency has been to keep the rate below your ordinary income tax
rate. Before M ay 6, 2003, the rates were 20 percent f or m
ost long
-
term gains and 10 percent f or
taxpayers in the 1 5 percent category. Currently, the long
-
term capital gains rate is 15 percent for
most taxpayers. If you fall into the 10 or 15 percent tax brackets, the capital gains rate is only 5
percent.
These f
avorable capital gains rates are set to expire in 2010 unless reauthorized, so
keep that in mind because it could reduce your investment returns more than you realize.
For now, th
eincentiveissimple.Holdontorealestatelongerthanayearbeforesel
ling to
reduce your tax liability. For foreclosures and properties that you were planning to resell, it will
be necessary to rent out the property f or at least one year before selling.
Capital gains occur when you buy a property and sell it for more t han
what you paid for it or the
basis of the property. The basis can be affected by expenses, but for simplicity if you bought a
property for $50,000 and sold it a few years later for $65,000, then you have incurred a capital
gain of $15,000 and it will be tax
ed at 15 percent. So, you owe Uncle S am $2,250.
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68
-
That’s pretty easy so far. Now, how about depreciation? If you depreciate a rental house, then
there will come a day of reckoning. In essence, the government has loaned you money and now
it’s time to pay back
your debt. Depreciation recovery is taxed at your tax rate, or 25 percent in
most cases.
In our previous e xample, you may have depreciated the property for a few years
.L
et’s say the
depreciation taken is $5,000. This $5,000 is recovered and taxed at 25
percent. To summarize,
you bought an investment property at $50,000 and sold it for $65,000. You depreciated the
property so that its new basis is now $45,000. You owe taxes on $20,000, but at two different
rates as shown below:
Investment Property Exampl
e
Purchase Price = $50,000
Purchase P rice
Sale Price
Tax Rate
Taxes Due
Appreciation = $15,000
15%
$2,250
Original Basis =
$50,000
Depreciat ion = $5,000
25%
$1,250
New Basis = $45,000
Not Applicable
$0
Total
$3,500
So are there any ways around pay
ing these taxes? The simple answer is yes.
Self
-
Directed Individual Retirement Accounts (IRAs)
or 401(k)s
Imagine being able to invest in real estate tax free or tax deferred. Well, amazingly you can.
IhavetoadmitthatIhaveonlyknownabouttrue
self
-
directed IRAs for
a
few
year
s
.The
problem is that I thought I had a self
-
directed IRA through my brokerage company. After all, I
can buy stocks, m utual funds, bonds and other publicly traded securities. What I didn’t r ealize is
that I can also buy an
yofthefollowingwithatrueself
-
directed IRA:
x
Real property (i.e., real estate)
x
Tax liens
x
Tax deeds
x
Notes and mortgages
x
Businesses
x
Partnerships
x
Limited liability companies.
So, you can actually buy and sell re
al estate investments through an
IRA. Tha
t’s right! Maybe I
should say that again:
You can buy and sell real estate investments through an IRA.
There are a few items that you can’t buy through an IRA and these are included in IRS
publication 590 (
http://www.irs.gov/publications/p590/index.html
). In short, you cannot invest
your IRA money in collectibles, antiques, coins, stamps, life insurance contracts, metals, gems
and alcoholic beverages. You
also are
not allowed to buy, sell or
exchange property or
investments to a disqualified person, such as
yourself,
aspouse,child,father,motherorothers
who are closely related to you (refer to Publication 590).
Rogue Real Estate Investor
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Your IRA was designed to give you flexibility; however, it seems that only b
rokerage companies
caught on. They control much of the process and t hey limit what you can purchase. After all,
they don’t make a ny money off of your purchase of a foreclosure or a tax lien certificate.
To make a long story short, you will need to contac
tanothercompanythatissetuptohandlea
true self
-
directed IRA. You can find information from these companies on rolling over an existing
IRA, qualified retirement plan or setting up a new IRA account. Any purchases or sales will need
to be made in th
enameoftheIRAtrustaccount,unlessyouhavetheIRAinvestinanLLCthat
you
manage and
control. Then
you can truly realize flexibility.
Before setting up an IRA/LLC, be
sure to contact a qualified professional or seek legal guidance. The last thing
you want to do is
accidentally trigger a taxable event.
The following companies are set up to handle true self
-
directed IRAs:
x
The
Entrust
Group
http://www.entrustadmin.com
x
Equity Trust Company
http://www.trustetc.com
x
Fiserv Investment Support Services
http://www.fiserviss.com
x
PENSCO
Trust Company
http://www.pensco.com
x
Sterling
Trust Company
http://www.sterling
-
trust.com
.
If you would
prefer that a
company
set up and manage
your self
-
directed IRA and LLC, you may
need to contact a self
-
directed IRA facilitator
.
For the latest inf
ormation on self
-
directed IRA
accounts,
trustees and facilitators,
visit our website at
http://www.selfdirectedIRAaccounts.com
.
Remember, you can set up a traditional IRA and earnings are deferred u
ntil retirement. You can
also set up a Roth IRA by paying the taxes upfront. Any earnings in a Roth IRA are tax free.
That’s right. You do not pay taxes on the earnings. The sky is the limit. If you have children, like
Ido,considersettinguporrolling
over an educational IRA. If you’ve left an employer and have
a401(k)plan,youcanrollitoverintoanIRA.
For small businesses, you should consider setting up either an SEP Plan or a SIMPLE IRA in
addition to your standard or Roth IRA. Then you can t
ruly recognize the power of savings and
compound interest.
One of the latest and most exciting ways to invest in real estate tax deferred and tax free is
through a self
-
directed, individual 401(k) plan. As the name implies, these plans are designed
for i
ndividual business owners, but the benefits are even better than IRAs in many cases.
Like
-
Kind Exchanges (1031 E xchanges)
Many real estate investors are aware of like
-
kind or 1031 exchanges. Essentially, you can avoid
capital gains taxes (not depreciati
on recove
ry)
by exchanging one property for another of equal
or greater value within a given time f ram e and by an unbiased t hird party.
In general, the property exchange must occur by an intermediary. T he term like
-
kind means that
just about any investmen
tpropertythatyouexchangeforanotherinvestmentpropertywill
qualify as a like kind, unless one of the properties is located outside of the United States.
The exchanged property must be identified within 45 days and acquired within 180 days to
qualif
y. The exchange can occur between related parties (e.g., father to son), but certain rules
apply. The most notable rule is a two
-
year holding period.
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70
-
For more information on like
-
kind exchanges, visit
http://www4.law.cornell.edu/uscode/26/1031.html
.
Owner Financing (Installment Sales)
One simple way to avoid a huge tax bill is to receive payments over time, rather t han as a lump
sum. This process is referred to as an installment sale. Most
real estate investors call it owner
financing.
For example, instead of receiving a lump sum payment of $100,000 for a property, you could
structure it so that the buyer pays you in installments. In essence, you would be acting as a
mortgage company, so
you need to balance the tax implications with the risk associated with
financing.
As another example
,youmayrequireadownpaymentof$10,000,whichwouldbetaxablein
terms of both rec overing depreciation and capital gains taxes. You could then finan
ce the rest
over a period of 15 years or any other time frame. You could even create a balloon payment
that is due in so many years. An example would be a loan that is amortized o
ver
30 years, but
due in
seven years. You may decide that in seven
years, you
’ll be r
etired and the lump sum
payment would
be okay; however, now you are working and the extra income would be
problematic
.
Remember, if you structure a deal like this you should seek legal advice and have a reputable
title company help with the closi
ng. Also, realize that the loan could be paid off early or the
buyer could default and you would then have to foreclose, which is not necessarily the easiest
process.
Another strategy is to allow the buyer to obtain outside financing and you provide a sec
ond
mortgage on your equity. This certainly is appealing to the buyer, but you would be in second
position for any foreclosure proceedings.
Trusts
Many real estate investors and even companies are starting to use trusts as part of a strategic
plan to not
only limit liability, but also to protect their name or business name. This type of trust
is referred to as a land trust, title holding trust, or real es tate privacy trust. T hese trusts allow the
investor to be the beneficiary of the trust; however, the t
itle is held with the trustee.
Have you ever thought of investing in real estate for your children? A wonderful vehicle by which
to do this is a trust, or private a nnuity trust. These trusts allow you to sell property or deed it to a
trust and m ake your
children the trustees and beneficiaries. You then structure the trust so that
it pays out in installments. Like IRAs, you must begin receiving payments at age 70 ½. Taxes
will then be due only on the installments.
Like most things in life, there are some
restrictions that you should be aware of. First, once the
trust is established, you are technically not in control. The trust owns and operates t he property,
and the trustees (presumably, your children) are in charge of it. If you do exert control over th
e
trust, you could be in violation of the trust and lose the tax
-
deferred status. Trusts also
are
not
simple to set up and will likely require the services of an attorney. Depending upon the amount
of taxes owed, you may want to weigh the attorney fees in
the decision process.
Another type of trust, called a Charitable Remainder Trust, can be used in a similar manner to
defer taxes. In this case, the qualified non
-
profit or charity assumes control as the trustee and
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71
-
you receive annuity payments or install
ments. The installments are taxable, but this may be the
perfect way to provide steady income without paying a huge tax bill.
Upon your death, the “remainder of the trust goes to the charity. What a great way to fund your
favorite charity.
For more info
rmation on the tax implications of selling your property, Richard Williamson’s book,
Selling Real Estate Without Paying Taxes, A Guide to Capital Gains Tax Alternatives
(2003), is
an excellent resource.
Rogue Real Estate Investor
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THIRTEEN
Summar y and Quick Start Gu
ide
“Behold the turtle. He makes progress only
when he sticks his neck out.”
James Bryant C onant
Now it’s time to get started in real estate investing. Here is a summary of things to remember:
x
Real estate investing can and will make you wealthy. T
he single most important asset
that most Americans have is their own home. Why not multiply this effect and own
several homes or other types of real estate?
x
Only choose houses, condominiums, duplexes, apartments or office buildings that you
would be willi
ng to live or work in.
If you are investing in residential real estate, think in
terms of "bread and butter" houses. A "bread and butter" house is a decent looking,
livable house in a good location, with at least three bedrooms.
By far, location is more
im
portant than the property.
Don’t kid yourself.
You won’t make any substantial money
on properties bought in neighborhoods in decline.
x
There are lucrative methods for investing in real estate other than buying and selling
property or rental m anagement. Con
sider investing in Real Estate Investment Trusts, tax
lien certificates, tax deed pro perties or discounted mortgages.
x
Real estate investing is both investing and a small business. Treat it like a small
business, not just an investment. Consider your busin
ess structure an
dlookinto
establishing an LLC or other business structure.
x
"No money down" tec
hniques can work, but often
the properties are extremely run down
or in bad areas.
Most property owners will require some money down or otherwise the
risk is o
nthem.Moneytalks.Sometimesitsbettertoputsomemoneydowntonegotiate
abetterdeal.Theobjectisthebestdeal.
x
Get started buying a repossessed h
ome. Contact your local Veteran
s
Affairs office
,HUD
office, or several bank REO departments.
x
The
real estate industry is often wary of anything that strays outside of the norm.
In fact,
you will know more about real estate investing after re
ading this book than about 9
0
percent of the agents you come in contact with.
x
There are more or less two types
of real estate agents: buyers and sellers.
If you are
working with an agent to find a house and you have signed a buyer’s agency agreement,
Rogue Real Estate Investor
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74
-
then you can say anything in confidence and the agent is required by law to
work for
your best interest.
On the oth
er hand, most of the time you will be calling about
properties listed with a seller’s agent.
Asellersagentisnotworkingforyouandisnot
concerned about your best interests.
Therefore, be careful of what you say. In certain
circumstances, a dual age
ncy situation may arise.
My only advice here is to be
careful.
An agent cannot properly serve two competing interests.
For more information
on this, call your state real estate commission.
x
Agents are required by law to present any offer to the buyer, even
if the agent s ays "he
or she won’t sell it for that."
Agents
also are
notorious for tr ying to quash creative
financing arrangements.
x
If you are renting a property, develop a comprehensive screening sy stem that is fair,
non
-
prejudicial and protective of y
our investment.
For example, use your monthly rent
times a multiplier (e.g., 3x) to screen out candidates. If you are asking $700 per month,
then make sure t hat your renter is making at least $2,100 per m o nth.
This leaves a
portion of their salary f or groc
eries, utilities and other living expenses. Be friendly and
respectful to your tenants, but remember that this is a business.
x
Always call references, employers and former landlords.
x
Remember t o think long term.
Very few properties will be worth your time
or trouble to fix
up and sell quickly ("flip," i n real estate vernacular).
Also, consider that the IRS wants
you to hold investments, including real estate, for at least one year.
The incentive is a 10
percent decrease in capital gains taxes (from 25 perc
ent to 15 percent for most
taxpayers).
x
For active participants in real estate (i.e., rental property owners who manage their own
properties), lucrative tax advantages are still available.
x
Make f riends with a handyman or make sure that you can fix plumbin
g, electrical,
heating and air conditioning problems.
You want someone who is trustworthy,
reasonable with costs, reliable and friendly.
Be careful with contractors.
x
Make at least $100 per month positive cash flow per unit.
Otherwise, i t is not worth your
time and effort.
x
Break out the classified ads and start calling. You’ll never learn until you get in the game.
x
Avoid properties with environmental problems.
x
Before you sell, make sure you understand the tax implications.
Best wishes as you embark on y
our career i n real estate investing.
READY…FIRE…AIM
Rogue Real Estate Investor
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75
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References
Robert G. Allen, 1990,
Nothing Down for the 90s
,Simon&Schuster,NewYork
,368
pp.
Steve Berges, 2005.
The C omplete Guide to Investing in Undervalued Properties
,McGrawHill
Companies
,NewYork,211pp.
Stephen R. Covey,
2004
,
The 7 Habits of Highly Effective People
,
Simon & Schuster Adult
Publishing Group
,
New York,
384
pp.
Bruce N. Hahn,
1995
,
The New H
ow to Sell Your Home Fast
,TheAmericanHomeowners
Foundation, Arlington, Virgin
ia, 142 pp.
Thomas J. Lucier, 2005.
How to Make Money with Real Estate Options
,JohnWiley&Sons,
Inc., Hoboken, N
ew Jersey, 264
pp.
Anthony Mancuso, 2007
.
Form Your Own Limited Liability Company
,
5th
Edition, Nolo
,
Berkeley, California, 304 pp.
Carlet
on H . Sheets, 1994,
No Down Payment
,NinthEdition,TheProfessionalEducation
Institute.
Jon Spoelstra, 2001,
Marketing Outrageously
,BardPress
TX
,
256 pp.
Russ Whitney, 1994,
Building Wealth
,Simon&Schuster
Adult Publishing Group
,NewYork
,
288
pp.
Richard T. Williamson, 2003,
Selling R
eal Estate Without P aying Taxes:
AGuidetoCapital
Gains Tax Alternatives
,KaplanPublishing,224
pp.
Zig Ziglar, 1995,
Goals: Setting and Achieving Them on Schedule,
Simon & Schuster Audio,
audiocassette tapes
a
bridged.
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APPENDIX A
Glossary of Real Estate Terms and Definitions
Real Estate Term
Definition
Acre
A un it of area equal to 43,560 square feet used to measure la nd.
Agent or Real Estate Agent
An individual who works for a real estate broker, but
acts as the
broker’s salesperson to conduct business. A real estate agent helps
buy and sell property and in exchange is given a commission from the
sale. A real estate agent has a fiduciary responsibility to act in the
buyer or seller’s best interest dep
ending upon the arrangement.
Amortize
Paying off a loan through a series of equal sized payments.
Generally, the initial payments include more interest than principal;
toward the end of the amortization period, the payment includes more
principal than in
terest.
ARM
Adjustable Rate Mortgage. A mortgage with an interest rate that
fluctuates with the going interest and is based upon a known
standard, such as a T
-
bill.
Assumable
Another individual or entity can acquire the mortgage either with or
without q
ualifying, depending upon the type of loan. Most assumable
loans now require the new buyer to qualify. Assumable loans include
FHA, VA and owner
-
financed notes.
Balloon Payment
A mortgage loan under which the final payment is significantly larger
than the
previous payment. A balloon mortgage is often amort ized
over a cer tain number of years (e.g., 15, 20 or 30), but the final
payment may be due sooner. For example, it is possible to offer a 7
-
year balloon mortgage amortized over 20 years.
Blanket Mortgage
A mortgage creating a lien against two or more tracts of real propert y.
Broker or Real Estate Broker
A r ea l estate broker is an individual who, by law, represents a buyer
or seller and has a fiduciary responsibility to act in their best interest.
A r ea l
estate agent works for a real estate broker. A real estate broker
can also be a real estate agent.
Buyer's Agent
A r ea l estate agent who represents the buyer an d acts in the buyer’s
best interest. Generally, the buyer pays nothing for a buyer’s agent,
b
ut the buyer’s agent is paid from the sale. In the cas e of a buyer and
seller’s agent, the commission will be split.
Capitalization
In real estate appraisal it is the process of convert ing income, such as
rental income, to a property val ue.
Capitalizatio
n ( Cap) Rate
The ratio of income to a property’s value.
Cash Flow
The net income from a property or the difference between income and
expenses.
CMA
Competitive or Comparable Market Analysis
Commission
The percentage of money earned by a real estate agen
t/broker. It is
negotiable and often depends upon the type of property. Resident ial
homes typically require 7% commission.
Contract
Agreement between competent parties. A real estate contract typically
includes an offer, acceptance by the seller and consi
deration (i.e.,
earnest money) by the buyer.
Contract For Deed
Also called a Land Contract. A contract under which the seller keeps
the title un til all payments have been made.
Conventional Mortgage
A mortgage loan that is not backed by a government agen
cy like FHA
or VA.
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78
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Real Estate Term
Definition
Deed
A legal document used to transfer real estate.
Deed of Trust
A legal document used to transfer real estate to a trustee, like a
mortgage. Allows for foreclosure without the necessity of a lawsuit.
Dis
count Points
A fee charged by lenders that is usually based upon a percentage of
the purchase price. For instance, one point is equal to 1% of the
purchase price. A point on a $100,000 loan would cost $1,000.
Dual Agent/Agency
A r ea l estate broker represe
nting both t he buyer and the seller. Even
though two real es tate agents are involved, if they work for the same
broker, a dual agency situation may arise. The real estate agents
should advise you when this is the c ase.
Due Diligence
A bu zzword in real est
ate for doing your homework and evaluating a
property. It is also used in real estate when a buyer is evaluating
environmental concerns.
Earnest Money
Usually a deposit to pur chase real estate that shows you are serious.
If the buyer defaults the seller w
ill receive the earnest money. As an
investor, it is important to limit the amount you pu t down and include
contingencies in the contract. For example, a contract can be
contingent upon obtaining financing at an interest rate below 9%.
Easement
A r ig ht to
use or access real estate by another entity. Utility
companies usually have easements granted by the city. They have
the right to access your property to repair or replace a utility.
Encroachment
Real proper ty that extends onto adjacent land owned by som
eone
else.
Escrow
A ne utral or unbiased part y used to handle
a
real estate matter. Title
companies often act as escrow agents.
Equity
The difference between a property’s market value and the loan
balance.
Fair Housing Act
Federa
ll
aw regulating equal
opportunity in the sale and rental of real
property.
FHA
Federal Housing Administrat ion. A government ag ency responsible
for ensuring that al l qualified Americans are able to purchase real
estate. FHA guarantees mortgages and operates a number of other
pr
ograms designed to encourage home ownership.
FICO
FICO is a credit score developed by Fair Isaac Corporation. It is used
by many mortgage lenders that use a risk
-
based system to determine
the possibility that the borrower may default on financial obligati
ons to
the mortgage lender.
Fixture
Personal property that becomes real property by attachment. An
example is a ceiling fan that was once personal property. Once
att ached to the ceiling, it becomes real property.
FSBO
For Sale By Owner. An owner who is a
ttempting to sell real property
without a real estate broker.
General Warranty Deed
A de ed that contains promises against any other claims to title on the
property. It is the most protect ive of a potential buyer.
HUD
Housing and Urban Development. A U.S
. government agency that
operates many different housing programs including the FHA
program.
Joint Tenant
Two or more parties
who
own real property. Upon death, the
remaining ownership transfers to the surviving partner(s).
Landlord
A property owner who
leases his/her property.
Lease
An agreement to temporar ily occupy someone’s property.
Legal Description
A means by which others can locate property. It is most often
described using the Section, Township and Range method.
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Real Estate Term
Definition
Lien
An encumbrance on a property t itle/deed that must be paid or
resolved prior to a sale.
Mechanic’s Lien
One of the most common types of liens. It is caused by failure to pay
a contractor for services rendered on a property.
MIP
Mortgage Insurance Pre
mium. Insurance required by a lender in case
of default. Associated with FHA loans.
MLS
Multiple Listing Service. A database operated by realtors.
Mortgage
A promise to pay that is secured by real estate. It creates a lien
against r eal estate until it is
paid.
Personal Property
Property that is not attached to real estate and in the case of a sale is
not obligated to remain with the property. Be caref ul to determine
exactly what
personal pr operty is
and what
real property is
. For
example, a window unit a
ir conditioner is probably not real property,
but a central air conditioner is real property.
Phase I
An environmental site assessment for real property that looks for
potential environmental hazards , such as lead
-
based paint, asbestos,
radon and nearby c
hemical plants or gas stations. Phase I
environmental site assessments are performed because the owner is
liable for environmental cleanups, which can cost thousands to
millions of dollars.
PITI
Principal, Interest, Taxes and Insurance.
PMI
Private Mortg
age Insurance. Required by most lenders for buyers
who put down less than 20% of the purchase price.
Quitclaim Deed
A de ed used to release a claim without making any warranties.
Divorced
part
ies
will often use a quitclaim deed to release claims on
prope
rty.
Real Estate
Land plus fixtures on the land. It is also referred to as real property.
Real Property
Real estate that contains the associat ed rights, suc h as mineral rights.
REITs
Real Estate Investment Trusts. Securities of companies that invest in
real estate.
REO
Real Estate Owned. Property foreclosed by and owned by a banker or
lender.
Second/Third Mortgage
Subordinate mort ga ges that are paid after the primary or first
mortgage.
Seller's Agent
A r ea l estate agent who represents the seller in a
property
transaction. The seller’s agent has a f iduciary responsibility to act in
the seller’s best interest.
Subordination
To move a mortgage to a lower position, as in moving a first mortgage
to a second mortgage.
Survey
The process of determining th
e legal boundaries of real estate.
Tax Lien
A lien agai nst property du e to unpaid taxes.
Tax Lien Certificates
Certificat es purc ha sed by investors that offer certain rights to property
with outstanding tax debt.
Tenant in Comm on
Two or more ten ants th
at own a certain percentage of property, such
as a condominium.
Vendee
A buyer of real estate.
Vendor
A seller of real estate.
Some definitions were modified from
Jack P. Friedman
et al.,
2005
,
Dictionary of Real Estat e Terms
,
6
th
Edition, Barron
s
Educ
ational Series
, New York,
512
pp.
Rogue Tax Sale Investor
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-
ONE
Why Should You Read This Book?
“If a m an wants his dreams to com e true
,
then he must wake up.”
a
nonymous
What would you say if we told you that there is a safe and virtually guaranteed way to make 16
to 24 percent return per year on you
rmoneythat
only a
few people know about?
What would you say if this investing method could occasionally give you an even greater return
on your money, possibly 50 percent to more than 100 percent return on your money per year?
What would you say if we
told you that this investing method was sanctioned, encouraged and
arranged by the government, and that the government had a very strong motivation to make
sure it worked effectively and was as safe as possible?
What would you say if you realized that th
esafetyofthisinvestmentwasnotonlymonitoredby
the government, it was actually backed by the most powerful collateral in the world
real
property?
Does this sound too good to be true?
It’s not.
Tax lien
certificates, which are discussed mor
efullyinChapter2,
are
probably
one of
the safest,
most lucrative and undiscovered investing method in the world. Here are the reasons why:
x
Tax lien certificates routinely provide an investment return to investors of 16 to 24
percent per year or more.
x
In some states, an investor can earn a flat interest rate of 20 to 25 percent. In Texas,
investors can earn 25 percent in less than 6 months for most properties, resulting in a
whopping 50 percent or more annual return.
Other states that offer very high r
ates of
return if the lien or deed is redeemed quickly include Florida, Illinois, Rhode Island,
Georgia, Delaware and Indiana.
x
In some cases, purchasers of tax lien certificates can walk away with an entire property
for only the taxes owed (often pennie
sonthedollar).
x
Compared to most investments, tax lien certificates are relatively safe. This is because
state governments issue tax liens and monitor tax lien certificate sales, so if you do your
Rogue Tax Sale Investor
-
2
-
homework the investment risk is
usually
low. Tax lien
certificates also
are
backed by the
property they are issued against, so that if the defaulter does not pay the tax lien
certificate investor all the money and interest due, the
defaulter
lose
s
the entire property
for only the taxes and penalties owed. Peo
ple get very motivated to pay up if the
alternative is to lose their home.
x
Tax lien certificates are an undiscovered investing method
,
because very few books
have been written on the subject. If you don’t believe me, go to the library and try to find
more
than one or two books on tax lien certificate investing. You will be lucky if you find
any books at all, and almost all tax lien certificate books are extremely outdated.
Tax
deeds are even more undiscovered. After several years of research, we have never
found a book that covers tax deed sales in any detail.
We spent
several
years researching tax lien certificates and found most books were 5 to 10
years old and very general. This is because tax lien certificates are handled differently by every
state
and the procedures change. Also, up until now, it was difficult to decipher all the legal
language associated with tax lien certificate investing (almost all the rules and proc
edures were
written by lawyers).
However, the Internet
has changed this, with mo
re information easily
available to more people
.
When you comb
ine all these factors, tax lien certificates
and tax deeds
are
two of the
most
lucrative and unique investment methods. They also
are
one of the safest methods of investing.
Add the explosive
power of the Internet and now is
agreat
time to start investing in tax lien
certificates
and tax deeds
.
What would you rather do?
x
Earn 2 to 5 percent per year on your money by buying savings bonds or CDs,
x
Watch your investment dollars go up and down
like a y
o
-
yo in the stock market and
potentially lose money if the economy or an individual company
whose stock
you own
does poorly, or the CEO lies about the company’s financial numbers, or
x
Earn 16 to 24 percent per year by investing in a government
-
cont
rolled system that is
backed by someone’s entire property if they don’t repay?
Tax deeds, which also are discussed in Chapter 2, represent a terrific way to buy real estate for
70 to 90 percent off, or literally pennies on the dollar.
In many states, r
ather than issuing a lien against a property, the county or municipality
forecloses on the lien and the deed (ownership) is auctioned off to investors.
If investing in tax lien certificates and tax deeds sounds intriguing, read on.
Rogue Tax Sale Investor
-
3
-
TWO
What Are Tax Liens and Tax Deeds?
“Don’t buy the house; buy the neighborhood.”
Russian proverb
County governments are often faced with an interesting problem: some of their property owners
do not pay their property tax bills.
Why is this a
problem?
County governments depend strongly on tax revenue collected from property owners to operate
the county government and pay county employees. In many counties, over 50 percent of the
entire county budget comes from collecting property taxes.
T
his makes addressing delinquent property taxes a high priority for most counties. Fortunately,
there is a solution for everyone. This solution provides income for the county, a safe and
profitable investment return for the investor, and a little extra time
for the person in default to try
and come up with the money. It is called a tax lien.
Ataxlienisalienorencumbranceplacedonrealpropertyforfailuretopaytaxes.Ataxlienisa
powerful lien that, in most jurisdictions, takes
precedence over
mortgage liens and
mechanic
s
liens. In essence, a tax lien becomes first priority and, if the property is foreclosed, will eliminate
amortgagelien.Generally,InternalRevenueService(IRS)liensandlocalgovernment
assessments will still remain and co
uld become the investor’s responsibility.
Here is an example of how a tax lien certificate works.
Jerry Latepay gets in some financial trouble and cannot pay his property tax bill. After a few
warning letters from the county, he is delinquent. To make Je
rry aware of the serious nature of
property tax delinquency and start the legal ball rolling, the county places a tax lien on Jerrys
property for the amount of the taxes owed. The tax lien becomes a debt on the property and
must be paid off before the pro
perty can be sold or legally cleared. In most counties, Jerry
Latepay is considered in default the day after his property taxes are not paid. This shows Jerry
Latepay how serious the county is when it comes to not paying property taxes.
O
nce a year the county has a tax lien auction. If Jerry Latepay has not paid his property taxes
by the time of the auction, the county includes Jerry’s property in the tax lien auction. To make
the tax lien enticing to investors, a state
-
mandated interest r
ate, which varies from state to state
but is usually in the range of 10 to 24 percent per year, is added to the tax lien. Some states call
this a penalty, while other states just refer to it as the interest rate; however, each state has its
own procedures.
The state then creates what is called a tax lien certificate (also called a
Rogue Tax Sale Investor
-
4
-
certificate of purchase) to offer to investors at the auction. The tax lien certificate is the physical
piece of paper that gives the investor a legal claim to the investment. In
most states, the interest
rate on the tax lien is what the bidding will start at when investors bid on the tax lien certificate
created by Jerry’s delinquent tax bill.
At the auction, an investor buys the tax lien certificate issued for Jerry’s property
.Thevalueof
the tax lien certificate is equal to the delinquent taxes owed on the property plus any penalties.
When the investor buys the tax lien certificate issued for Jerrys property, he/she is essentially
paying off the delinquent property taxes ow
ed to the county. Jerry now owes the tax lien
investor all the back taxes owed plus the amount of interest due on the tax lien certificate.
Although the rules vary from state to state, in most states interest starts to accrue the day the
tax lien certifica
te is sold. Thus, the longer Jerry waits to pay off the tax lien certificate, the more
money the investor earns. In some states, if Jerry waits more than a year to pay, the interest
rate increases and the investor makes even more money. After a tax lien ce
rtificate is issued,
there are two possible outcomes.
In about 95 percent of the cases, Jerry Latepay comes up with the money. This is because Jerry
does not want to lose his home
or property
.
Now you can see
why tax lien certificates are an
ultra safe in
vestment. When Jerry comes up with the money, he p
ays the county, the county
cont
acts the tax lien certificate investor, and the investor turns in the tax lien certificate issued at
the auction. In exchange for redeeming the tax lien certificate, the inves
tor receives all the
money he/she invested in the tax lien certificate plus the accrued interest. This process is called
redeeming the tax lien certificate. The county where the tax lien certificate was issued handles
the entire process.
In less t
han 5 percent of the cases
in most states
,Jerrycannotcomeupwiththemoney
to pay
the delinquent taxes
.InmoststatesthismeansJerrywillforfeittheentirepropertytothe
investor. After following the legal process required by the
state and
county
,theinvestor
forecloses on Jerry’s legal ownership of the property and
,
in return for paying all remaining liens,
taxes and penalties due, the investor receives the entire property, often for a fraction of what it
is worth. The period of time that Jerry
has to pay back the delinquent taxes is called the
redemption period, which can range from as short as six months to as long as five years
depending on the state.
Talk about a win/win situation. If Jerry Latepay pays off the tax lie
n, the investor recei
ves his/
her
original investment plus a high interest rate. If Jerry does not pay off the tax lien, the investor
receives the entire property for nothing more than the property taxes due on the property when
Jerry forfeits the property. Are you beginning to
see why tax liens are a great, unknown
investment?
What is a deed? A deed is a document that transfers ownership to property. A tax deed is a
special type of deed resulting from nonpayment of taxes.
In many U.S. states and Canadian provinces, Jerr
yLatepayisgivenmanyopportunitiestopay
his taxes. After multiple warnings, the county puts his property up for sale to investors
,often
for
as little as the taxes, penalties and fees that Jerry owes. At a tax deed auction, the winning
bidder receives
the deed to Jerry’s property. In some cases, Jerry may still have a short time to
redeem
after the sale
;otherwise,theinvestorbecomesthelegalowneroftheproperty.
The investor may have to wait a year or so to obtain a marketable title, but the inv
estor may
have just bought Jerry’s property for a fraction of what it is worth.
Rogue Tax Sale Investor
-
5
-
THREE
What Every Tax Lien/Tax Deed
Investor Should Know
“Knowledge is p
ower.”
Francis Bacon
Now that you have a basic underst
anding of what tax liens and tax deeds are, and why they
represent unique investment opportunities, it is time to delve into what you should know before
you invest.
The Benefits of Tax Lien C ertifi cate Investing
We have already discussed some of the b
enefits of tax lien investing. They can be summarized
as follows:
x
Investment return
:Althoughitvariesfromstatetostate,a16to24percentreturnis
common.
In states like Texas, Georgia, Rhode Island, Delaware and Illinois, if the lien or
deed gets
redeemed early, annual returns of 100 percent or greater are possible.
If the
property owner never pays
the delinquent
taxes, the investor may realize profits well in
excess of 100 percent by receiving the property for only the amount of the property taxes
owed to the county. With interest rates near 50
-
year lows, tax lien certificates are an
incredible bargain.
x
Investment risk
:Theinvestmentriskisverylowbecause(1)stateandcounty
governments control the tax lien process, (2) property owners risk
losing their property if
they do not pay their taxes, (3) in most states the investor receives the property if the
delinquent owner does not pay
the back
taxes, and (4) tax lien certificates are not
volatile investments. The value of a tax lien certificat
edoesnotfluctuateandisnot
affected by general economic factors like most other investments. In fact, in most cases,
the worse the economy performs, the greater the number of tax lien certificates will be
issued (more people default on their property
taxes and mortgage when the economy
does poorly).
x
Investment secrecy
:
Few people have ever
heard about tax lien certificates. Even fewer
people understand how to invest
in them
.Verylittleinformationisavailableonhowto
invest in tax lien certificate
s. Successful investing is almost always about supply and
demand. In the United States there are thousands of counties that have tax lien
certificate auctions every year. At each auction, hundreds
to thousands
of tax lien
certificates are usually available
.Manystateshavesomanytaxliencertificatesthatyou
can buy the ones that didn’t sell at auction by mail (also called over
-
the
-
counter sales or
Rogue Tax Sale Investor
-
6
-
negotiated sales). No one person can cover more than a few counties in a few states per
year. This virtual
ly ensures that for the foreseeable future, the supply of tax lien
certificates will be much greater than the demand.
The Drawbacks of Tax Lien Certificate Investing
The drawbacks of tax lien investing can be summarized as follows:
x
Liquidity
:
Tax liens are not liquid investments. In some cases you may have your money
tied up for several years before you get the principal plus interest back.
x
Complexity
:
Tax lien laws vary from state to state.
x
Time
:
Tax liens require a time commitment to learn
the rules of a state and its counties,
research properties and attend auctions.
The Benefits of Tax Deed Investing
We also have already discussed some of the benefits of tax deed investing. They can be
summarized as follows:
x
Obtain property ownership
for 50 to 90 percent below market value
:
Although it varies
from state to state, in certain circumstances you can obtain an entire property for only
the taxes and penalties owed. In many cases, you can obtain properties for 50 to 90
percent below market v
alue.
x
Investment secrecy
:
If few people have heard about tax lien certificates, even fewer
people know anything about tax deed sales. When we started researching tax sales, we
found very little information on how to invest in tax lien certificates and
no information on
how to purchase property
at tax deed sales. However, many
states have tax deed sales
and there are more tax deed sales than tax lien sales. The supply of foreclosed
properties almost always exceeds the demand. In the United States there a
re thousands
of counties that have tax deed sales every year. At each auction, hundreds of properties
may be
available. Many states have so many properties that they have foreclosure lists
based on how many years the property has been in foreclosure.
The
Drawbacks of Tax De ed Investing
The drawbacks of tax deed investing can be summarized as follows:
x
Liquidity
:
If tax liens certificates are not liquid investments, then tax deeds are even
worse. In some cases you will have your money tied up for several
years before you can
sell the property, because title companies may not issue title insurance on the property
until all liens are cleared and it obvious that clear title can be granted. This process can
take more than a year.
x
Complexity
:
Tax deed laws var
yfromstatetostate.
x
Time
:
Tax deeds sales require a time commitment to learn the rules of a state and its
counties, research properties and attend auctions.
x
Risk
:
Purchasing foreclosed property at a tax deed sale definitely has some risk. You
must
do your homework. Re
member, once you buy a tax deed
you will own the property
,
Rogue Tax Sale Investor
-
7
-
including all of its potential problems. In addition, title companies sometimes will not
issue title insurance for at least the first year on any property bought at a tax deed s
ale.
This means it could be hard to get a loan until it is clear that everything is
fine
with the
property.
x
Capital
:
You definitely will need more capital to buy properties at tax deed sales.
Although it varies from property to property and from state to
state, you
will likely
need a
minimum of $5,000 to $10,000 to
get started in tax deed investing
.Checklocalrulesand
regulations.
Investment Strategies
Once you have decided to consider investing in tax liens or tax deeds, you will need to make
some d
ecisions. Here are the general steps that you will need to take to be prepared to invest.
Identify y our investment objective
Your first step is to decide if your primary objective in investing is to obtain a high investment
return or to obtain property
ownership. This decision will determine in part the state
(s)
you
choose to focus on. States with low tax lien interest rates or states that only have delinquent
property auctions are suited for individuals with the primary objective of obtaining property
ownership. States with high tax lien interest rates are suited for individuals primarily seeking a
high investment return with a secondary objective of obtaining property ownership.
If your focus is to obtain properties at tax deed sales, you will need m
ore capital. Because you
are buying the entire property at tax deed sales, you will need more money and you must pay
careful attention to the condition of the property. At a tax deed sale your potential return could
be greater, but your potential liability
is also greater.
Select a geographical area in which to invest
Next decide what areas you are going to focus on. It is best if you choose the state you live in or
at least a state in the region in which you live. You cannot become an expert in every s
tate or
even every county in a single state. Laws vary between states and even within a state because
each county has its own method of selling tax lien certificates or delinquent properties. In
addition, within each county some areas are usually more desi
rable for investment
s
than others.
In most cases, less populated counties usually have less competition.
Determining an
area
to focus on is especially important when investing in tax deeds. This is
because you need to become familiar with local real esta
te values, development trends, and
what locals consider undesirable property.
To help you decide where to start, Chapter 9 includes detailed profiles of all the states. Study
this chapter carefully to decide where and how you want to invest. Once you have
chosen
several areas to focus on, you will need to study the areas and become familiar with local real
estate values and development trends. Chapter 4 provides a general summary of how each
state handles tax lien certificates or tax deed sales.
Choose a
type of property in which to invest
You will next want to determine what types of properties you are going to focus your efforts on.
Tax lien certificate and delinquent property sales include raw land, commercial/industrial
properties and residential p
roperties. Generally, raw land and commercial/industrial properties
Rogue Tax Sale Investor
-
8
-
contain the most investment risk and require more expertise. Raw land can sit vacant for years,
and may not have water or roads near it. The pool of possible buyers for raw land also
is
us
ually
small. Commercial/industrial properties may have environmental problems; they also typically
require more upfront capital to purchase the tax lien certificate or delinquent property. In
addition, commercial/industrial properties require more expertis
etodeterminetheirpotential
worth and what improvements may be required to make the property suitable for future use.
Residential properties contain the least investment risk and are usually a good choice for
beginning investors. If you own your own
home or have a general knowledge of real estate
values in the areas you are going to focus your efforts on, you already have some knowledge
that will help you understand how to value residential properties that you will bid on.
Decide on a method by w
hich to invest
Your next step is to decide on the primary method by which you want to obtain tax lien
certificates or delinquent properties. If you do not mind attending auctions, plan on attending a
few tax lien certificate or delinquent property aucti
ons to get your feet wet. Counties typically
have one auction per year. If you do not want to attend auctions, you can call the county
tax
collector or
treasurer
to find out
if any properties
that did
not sell during the last auction
are
available “over
-
th
e
-
counter.”
This can be a good way to get properties if you are patient and
willing to accept the fact that the best properties may be sold at the auction. It is also a
good
way to ensure you do not overpay for the tax lien certificate or property since yo
uwillnothave
bidders driving the interest rate down or the price up.
Other important factors to consider if you want to try and buy without attending an auction are
establishing a relationship with local officials and trying to buy early in the calen
dar year. A
relationship with local officials can help you get information on properties, so that you can make
abetterdecisiononwhethertheavailablepropertiesareworth
your
time and effort to visit and
evaluate. Buying earlier in the calendar year c
an save you money if the property is eventually
awarded to you. This is because smaller penalties and interest are owed at the beginning of the
year; if you are awarded the property, the less you pay up front, the more profit you make.
Evaluate avai
lable properties and determine their market value
When you are bidding at a tax deed sale to take ownership of a property, you need to know a
great deal about the property before you can make a reasonable bid. You must assess the risks
and determine the f
air market value. The county appraiser will already have placed a value on
the property, but that is only a start. When you are dealing with foreclosed properties all the
time, like a county appraiser often does, you tend to become optimistic. A little wat
er damage,
some environmental problems, or legal issues with the title don’t look so bad when you see
similar real estate problems every day.
Your job is to be as thorough and unemotional as you can be when assessing a property. If you
can, find out why
the property is in foreclosure and make a list of everything good and bad
about it. Use the tips in
Rogue Real Estate Investor
to help you along. If you need a second
opinion, get one. Hire an independent appraiser, which usually costs around $300 to $400.
Three or four hundred dollars is nothing if you end up getting a property for 50 percent below
market value or more. If the property has title problems or other legal issues, hire a real estate
attorney familiar with local laws.
Try to become familiar
with the bidding process, and find out who typically shows up at the bids
in your selected area. Banks may come to these bids and, at a minimum, some experienced
investors also will likely attend. This is where striking up a relationship with the local cou
nty
officials can
be helpful
.
Rogue Tax Sale Investor
-
9
-
Compare prices for similar property in the area. If this property was not in foreclosure, what
would it sell for? Use everything you can to estimate the market value of the property. As a
rough rule of thumb, you can use the
property taxes that were due on the property to assess the
market value. The amount of property taxes (PT) is usually equal to a county constant (C)
multiplied by the market value (MV) multiplied by the mill levy (M): PT = C x MV x M. This
information can
be located from the county assessor’s office.
If you have information on the property taxes due, you can work backwards using this formula
(property taxes divided by the mill levy and the county constant) to find the market value
determined by the coun
ty. For example, a property that has property taxes of $1,000 per year in
acountywithacountyconstantof.10andamilllevyof.10hasamarketvalueasdetermined
by the county of $100,000.
Narrow your property search and observe the bid process
If you are looking at several properties, you will need to get your
tax sale
list down to a few
properties before the tax deed sale occurs. You will not have time to do detailed research on
more than a few properties, and you need to focus your time on the
best prospects. The more
homework you do, the better you will understand the market value of a property and what
amount you should bid. Remember, when you walk away from a tax deed sale, the county does
not care anymore. With a tax lien certificate, the c
ounty is still involved after the sale; but with a
foreclosure sale, the county is done after the tax deed is purchased.
Read some of the detailed county profiles in Chapter 9 and you will understand what we are
talking about. Most counties that have ta
xdeedsaleshaveallkindsofdisclaimersregarding
your
potential liability if something is wrong with the property. When in doubt, remember the
phrase “Buyer Beware.”
When you are ready to go to the auction for the first time, make a decision to wait
on the
sidelines and observe unless you are very confident. Do not get caught up in a bidding war if
you do not know what you are doing. A bank or other commercial enterprise may have interest
in the property and not care if they pay something near the mar
ket value. Bids can even exceed
acountysassessmentofthepropertysmarketvalue.
The next chapter provides a quick profile of the way each state handles delinquent property
taxes. Chapter 7 will take you through the practical steps to investing in t
ax liens and tax deeds,
as well as strategies for bidding.
Rogue Tax Sale Investor
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11
-
FOUR
Quick State Profiles
“One man’s trash is another m an’s treasure.”
anonymous
This chapter provides a brief introduction to
tax sales in all
the states. The first table profile
s
states that have tax lien certificates sales. For these states, the rating is based on the interest
rate, redemption period and general dedication of a state and its counties to the process. States
with high interest rates, quick redemption periods, and
helpful information to assist investors
score high. States with low interest rates, long redemption periods, and limited information to
assist investors score low. Five stars is the highest rating for states that offer tax lien
certificates.
The second
table profiles states that
only
have tax deed sales
(with no right of redemption
after
the sale)
.Forthesestates,theratingsaremorereflectiveofhowwellsalesareadvertisedand
how dedicated a state
and its counties appear to be to
the overall tax
deed sale process
.
Four
stars is the highest rating for states that have tax deed sales.
Afewstatesselltaxdeedswith
a
right of redemption. This means that the previous owner or
interested party can still redeem after the sale by paying his/her prope
rty taxes. The investor
then receives a fee or interest rate, making it look and feel like a tax lien certificate. The third
table profiles these states.
Four stars is the highest rating for these states.
This is only an introduction to the states. Chapte
r9providesmoredetailedstateandcounty
information regarding tax lien and tax deed sales, including links to county websites, contact
information, bidding procedures, and example requirements.
Tax Lien Certificate States
State
Interest
R
ate
Redemption
Period
Rating
Notes
Alabama
12%
on the
minimum bid
3 years
***
Three Stars
Auctions are usually in May.
You do not receive interest
on
a bid that is
over 15% of the
appraised value
.
Arizona
16%
3 years
****
Four
Stars
Auctions
are
held
in February.
The investor is
responsible for
foreclosure and
for
hiring an
attorney if the tax lien is not
redeemed.
Unsold liens are
struck off to the state.
Tax
deed sales are also held.
Rogue Tax Sale Investor
-
12
-
State
Interest
R
ate
Redemption
Period
Rating
Notes
Colorado
9% plus federal
reserve
discount rate
as
of September
1
3 years
***
Three Stars
A
uctions
occur on or before the
second Monday of December,
with most scheduled in October
and November
.
Some counties
use a round robin process
;in
other counties, the highest
bidder is awarded the tax lien.
P
remiums on bids are n
ot
refundable, nor do they earn
interest.
Florida
18%
2 years
****
Four
Stars
Auctions
are
held
on or before
June 1.
The winning bidder
pays
10% of
the
total tax lien
at
the sale, and the balance within
48 hours after the lien
certificate is prepared.
Bid
ding
can proceed downward to as
low as ¼% and the bidder still
re
ceives a minimum of 5%
interest.
Florida also has
favorable tax deed sales.
Illinois
18% every 6
months, or 36%
per year; on
farmland, 12%
every 6 months
or 24% per
year.
These
interest rate
s
are considered
penalties
(flat
rate, not an
annual rate).
2
2½
years
,
depending
upon the
property
classification
***
*
Four
Stars
May need a lawyer
as
the court
is involved.
Two types of sales
are held: annual
tax lien
sales
for recently delinquent
pro
perties (usually
held
in the
fall); and biennial scavenger
(tax deed)
sales
(held in odd
years)
for properties delinquent
two or more years that were
not sold at the annual sale.
Pre
-
register
10 days to
1 month
before
the sale to bid.
Indiana
Flat 10% on
the
minimum
bid if redeemed
in less than six
months. Flat
15% on
the
minimum bid if
redeemed in
more than six
months but
less than 1
year. Interest
on
the
overbid
amount is 10%
per annum.
1 year
for “A”
and “B”
properties;
120 days for
“C”
properties
****
*
Five Stars
County requirements can be
complicated. Auctions are
usually
held
from August
through
October
.
If the owner
does not re
deem the tax lien
certificate, you
must apply for
a tax deed within six months
after the redemption period
expires or forfei
t your money.
Counties can also hold tax
deed sales, referred to as
surplus auctions.
Iowa
24%
21 months
****
Four
Stars
Auctions occur on the third
Monday in June
.
By state law,
counties can allow
bidders
to
bid on the percentage of the
property they w
ill own
, making
foreclosure more difficult
. The
bidding process is commonly
done by random round robin.
Rogue Tax Sale Investor
-
13
-
State
Interest
R
ate
Redemption
Period
Rating
Notes
Kentucky
12%
1 year
***
Three Stars
Kentucky
parishes do
not
emphasize
their tax certificate
sales, and it is d
ifficult to find
information on the Inte
rnet.
Maryland
6%
to 24%
,
depending
upon the
county or city
6 months, or
as long as
the right of
redemption
has not been
barred by
foreclosure
****
Four Stars
Auctions are usually held in
May or June.
Local variations
to
the
tax lien process can be
trick
y.
The high
-
bid premium is
refundable without interest
upon redemption of the tax
lien certificate.
Mississippi
18
%
2 years
****
Four Stars
Bidders can overbid the
minimum bid set, but the
overbid is not reimbursed
upon redemption and no
interest is earne
d on it.
Missouri
10% on the
minimum bid
Up to
1 year
,
depending
upon the
property
classification
(1st
4th
offerings)
***
*
Four
Stars
Auctions
in every county are
held on the
fourth
Monday in
August.
Bidders bid on what
they would be willing to pay for
the property, assuming the
owner never redeems.
Fourth
offerings are tax deeds
there
is no redemption period.
F
irst
class charter counties may
conduct tax deed sales
instead of tax lien sales.
Montana
10%
2 to 3 years
,
depending
upon the
property
class
ification
***
Three Stars
Not a lot of
public
information
on tax lien certificate sales.
Counties may conduct tax
deed sales of properties not
sold at the tax lien sale.
Nebraska
14%
3 years
***
Three Stars
Auctions are held
on the first
Monday in March.
Bidding is
by round robin
, with bidders
proceeding in order based on
the bidding number.
Tax deed
sales may be held at the
county’s discretion.
Nevada
12%
120 days for
vacant land,
2 years for
improved
land
***
Three Stars
Tax lien sales
(called special
assessment sales)
are
infrequent
in most counties.
Most counties conduct tax
deed sales
, also called trustee
sales
.
There is a two
-
year
legal challenge period for
trustee sales.
New Jersey
18
%
5
years
**
**
Four
Stars
Sale r
ules are complex
, with
sales bei
ng conducted by the
municipalities
.
Once the
interest rate goes to
0%
,
bidding be
gins on the property
taxes owed.
The highest
“premium” bidder
wins
.
Tax
deed sales are also
conducted.
Rogue Tax Sale Investor
-
14
-
State
Interest
R
ate
Redemption
Period
Rating
Notes
New York
10 to 2
4%
,
depending
upon the
county or
municipality
M
inimum
of 2
years
***
Three Stars
Process varies
between
governing bodies
. Big
investors can take ove
r sales,
and property values can be
high.
Governing bodies may
hold tax lien and/or tax deed
sales.
Tax lien sales can be
closed to the general public.
Ohio
18%
1
to 3 years
**
Two
Stars
Tax lien s
ales are only
held
in
counties with a population
greater than 200,000 people.
Only institutional investors are
allowed to participate in the
sales
.
Tax deed sales also
can be held.
Oklahoma
8%
2 years
**
*
Three
Stars
T
ax lien sales
are
held the first
Monday of October
, and may
be conducted by a round robin
or rotational process.
Tax
deed sales
(resales)
, which
can also be conducted, are
held on the second Monday of
June.
South Carolina
12% unless
alternative
method of
taxation used;
then 8%
penalty the first
year plus 4% if
redeemed
during the
second year
.
1 year
unless
alternative
method of
taxation
used; then
18 months
**
Two Stars
The winning bidder must pay
by the end of the sale day, or
can be fined up to $300.
The
interest is not paid on a
prorated basis, but rather on a
schedule. The interest paid
cannot exceed the minimum
bid.
Vermont
12%
1 year
***
Three Stars
Tax collection
and sales are
handled by
the
municipalities.
Unless otherwise voted, the
first constabl
e
is automatically
the
tax collector.
Washington
D.C.
1
8
%
6 months
***
Three Stars
Auctions are held the third
Tuesday in July. Bi
dding
begins at the amount of
delinquent taxes
owed
the
winning bid is the highest bid.
There is no interest on the
overbi
d.
Tax deed sales
(called b
id
off sales) are also
held.
West Virginia
12%
1
7 months
***
Three Stars
Properties left over from the
lien sale are certified to the
State; if
not redeemed, they
are sold at “second s
ales.
Buyers
at these second sales
receive
a deed within
approximately 90 to 120 days,
during which time a property
owner can still redeem.
Rogue Tax Sale Investor
-
15
-
State
Interest
R
ate
Redemption
Period
Rating
Notes
Wyoming
3% minimum
penalty fee
plus 15% per
year for the first
year; 18% per
year for
subsequent
years.
4 years
****
Four Stars
Wyoming law prescribes a
stri
ct procedure that must be
followed in order to properly
apply t
o the Treasurer's Office
for a tax d
eed. It is the burden
of the certificate purchaser
holder to make sure all the
steps are followed properly
.
Tax Deed States
State
Rating
Alaska
**
Two St
ars
California*
***
Three
Stars
Idaho
**
Two Stars
Kansas
**
Two
Stars
Maine
**
Two Stars
Massachusetts **
***
Three
Stars
Michigan
** Two Stars
Minnesota
*** Three Stars
New Hampshire
***
Three Stars
New Mexico
*
One Star
North Carolina
*** Thre
e Stars
North Dakota
**
Two
Stars
Oregon
**
Two Stars
Pennsylvania
**
Two Stars
Utah
**
Two
Stars
Virginia
**
Two Stars
Washington
**
Two Stars
Wisconsin
***
Three Stars
* California is authorized by law to
conduct
tax lien certificates sales (18%
interest rate), but no sales
have yet been
held.
** Massachusetts is authorized by law to conduct tax lien certificate sales (16% interest rate), but
counties
hold tax deed sales instead
.
Tax Deed States with a Right of Redemption
State
Interest Rate
R
edemption
Period
Rating
Notes
Arkansas
0%
30 days
***
Three Stars
The State Land Commissioner
handles all county tax sale
auctions. Mail
-
in bids are
accepted
if received 7 days
before the sale.
Connecticut
18%
6 months
****
Four Stars
Municipalities ha
ndle the sales,
so bidding requirements vary.
Some municipalities may only
offer deeds in bulk purchases,
cutting out the small investor.
Delaware
15%
to
20%,
depending
upon the
municipality
.
60 days or 1
year,
depending
on the
county
**
Two Stars
There a
re o
nly three counties in
this state.
Rogue Tax Sale Investor
-
16
-
State
Interest Rate
R
edemption
Period
Rating
Notes
Georgia
20% flat
interest rate
the first year
;
an additional
10%
after the
first year
.
1 year
****
Four Stars
Georgia is complicated.
If
redemption does not occur,
you
must be prepared to pay
subsequent taxes and fo
reclose
on the property. Hiring a local
attorney if you are serious about
investing in this state is a good
idea. Auctions occur on the first
Tuesday of each month.
Hawaii
12
%
1 year
**
Two Stars
Hawaii only has five counties. In
Kalawao County, tax s
ales are
handled by the State.
Louisiana
12% plus a
5% penalty
per year, for a
total of 17%
3 years from
the date the
deed is filed
***
Three Stars
The Sheriff acts as the tax
collector for parishes. Buyers
may bid for a portion of
ownership in some cases
.
Rhode Island
10% penalty
for the first six
months, plus
1% each
additional
month up to a
total of 16%
(one year).
1 year
**
Two
Stars
After one year, the investor
automatically is responsible for
the property, even before
foreclosure.
Tennessee
1
0
%
1
year
**
Two Stars
Tax sales must be confirmed by
the court.
Texas
Flat
25%
the
first year
, flat
50%
the
second year
:
homestead
and
a
gricultural
properties.
Flat
25%
: all
other
properties.
2 years for
agricultural
and
homestead
properties; 6
months for
al
l other
properties
****
Four Stars
Real property is requ
ired by
state law to be sold on
the first
Tuesday of the month.
South Dakota counties do not hold tax lien or tax deed sales.
Astatelawsignedin2006
prohibits the public sale by counties of tax
certificates, beginning July 1, 2006. Instead, counties
will hold any tax certificates that are issued. This law did not affect any existing tax lien
certificate holders.
These tables provide general information about the states that pay the best interest
rates on a
tax lien certificate or have good county support for tax deed sales, to help you get started
investing. You might also want to spend some time researching the tax laws for the states in
which you are interested in investing. The following table
provides
relevant
sections of state
laws related to tax sales
.
Rogue Tax Sale Investor
-
17
-
State
Tax Sale
Law s
(
including
Guam and
the
Virgin Islands
)
Alaska Statutes
Title 29
-
Municipal Government, Chapter 29.45, Article 02
-
Enforcement of Liens, Sections 29.45.290
29.
45.500
Title 43
-
Revenue and Taxation, Chapter 43.10
-
Enforcement and Collection of Taxes,
Sections
43.10.032
43.10.060
Code of
Alabama
Title 4
0
-
Revenue and Taxation
, Chapter 10
-
Sale of Land
, Article 1
-
General Provisions
,
Section
s
40
-
10
-
1
40
-
10
-
31
; Article 2
-
Land Commissioner
,
Section
s
40
-
10
-
50
40
-
10
-
54
; Article 3
-
Rights
and Remedies of Purchasers at Tax Sales
,
Section
s
40
-
10
-
70
4
0
-
10
-
83
; Article 4
-
Land Sold for
Taxes Not Due at Time of Sale
,
Section
s
40
-
10
-
100
40
-
10
-
105
; Article 5
-
Redemption of Land Sold
for Taxes
,
Section
s
40
-
10
-
120
40
-
10
-
143
; Article 6
-
Refund of Taxes Paid by Mistake or Error
,
Section
s
40
-
10
-
160
40
-
1
0
-
166
; Article 7
-
Sale of Tax Liens
,
Section
s
40
-
10
-
180
40
-
10
-
198
Title 40
-
Revenue and Taxation
, Chapter 29
-
Enforcement of Tax Laws
,
Art
icle 2
-
Collections
,
Section
s
40
-
29
-
20
40
-
29
-
34
Arkansas Code
Title 26
-
Taxation, Subtitle 4
-
Collection
and Enforcement, Chapter 37
-
Sale or Forfeiture of Real
Property, Subchapter 1
-
General Provisions, Sections 26
-
37
-
101
26
-
37
-
109;
Subchapter 2
-
Sale of
Tax
-
Delinquent Lands, Sections 26
-
37
-
201
26
-
37
-
214; Subchapter 3
-
Redemption of Realty to Be
So
ld for Taxes, Sections 26
-
37
-
301
26
-
37
-
316
Title 26
-
Taxation, Subtitle 4
-
Collection and Enforcement, Chapter 38
-
Confirmation of Tax Sales,
Subchapter 1
-
General Provisions, Sections 26
-
38
-
101
26
-
38
-
124;
Subchapter 2
-
Title to Forfeited
Lands,
Sections 26
-
38
-
201
26
-
38
-
209
Arizona
Revised Statutes
Title 42
-
Taxation, Chapter 18
-
Collection and Enforcement, Article 3
-
Sale of Tax Lien for
Delinquent Taxes, Sections 42
-
18101
42
-
18127; Article 4
-
Redemption of Tax Liens, Sections 42
-
18151
42
-
18155; Article 5
-
Judicial Foreclosure of Right of Redemption, Sections 42
-
18201
42
-
18208; Article 6
-
Administrative Foreclosure of Right of Redemption, Sections 42
-
18251
42
-
18258;
Article 6.1
-
Conveyance to State on Failure to Redeem, Sections
42
-
18261
42
-
18267; Article 7
-
Sale of Land Held by State Under Tax Deed, Sections 42
-
18301
42
-
18304; Article 8
-
Abatement of
Tax and Removal of Lien, Sections 42
-
18351
42
-
18353
California
Statutes
Revenue and Taxation Code, Division 1
-
Proper
ty Taxation, Part 6
-
Tax Sales, Chapters 1, 2, 2.2, 7,
8 and 10; Part 7.5
-
Tax Certificates, Chapters 1
3
Colorado
Revised Statutes
Title 39
-
Taxation, Property Tax, Collection and Redemption, Article 11
-
Sale of Tax Liens, Sections
39
-
11
-
101
39
-
11
-
152; Artic
le 12
-
Redemption, Sections 39
-
12
-
101
39
-
12
-
113
General Statutes of Connecticut
Title 12
-
Taxation, Chapter 205
-
Municipal Tax Liens, Sections
12
-
157
12
-
159b, and
12
-
171
12
-
195h
Delaware Code
Title 9
-
Counties, Chapter 87
-
Colle
ction of Delinquent Taxes, Subchapter I
-
General Provisions,
Sections 8701
8711; Subchapter II
-
Monition Method of Sale, Sections 8721
8733; Subchapter III
-
Attachment of Land in New Castle County, Sections 8741
8761; Subchapter IV
-
Sale of Land
for
Delinquent Taxes in Kent and Sussex Counties, Sections 8771
8779
Rogue Tax Sale Investor
-
18
-
District of Columbia Code
Division VIII
-
General Laws, Title 47
-
Taxation, Licensing, Permits, Assessments, and Fees, Chapter
13
-
Real Property Tax Sales, Sections 47
-
1301
47
-
132
1
Division VIII
-
General Laws, Title 47
-
Taxation, Licensing, Permits, Assessments, and Fees, Chapter
13A
-
Revised Real Property Tax Sales, Subchapter I
-
General Provisions, Sections 47
-
1330
47
-
1335; Subchapter II
-
Sale, Sections 47
-
1340
47
-
1355
;
Subchapter III
-
Redemption, Sections 47
-
1360
47
-
1366; Subchapter IV
-
Foreclosure, Sections 47
-
1370
47
-
1385
Florida
Statutes
Title 14
-
Taxation and Finance, Chapter 197
-
Tax Collections, Sales and Liens, Sections 197.402
197.602
Georgia
Code
Title 48
-
Revenue and Taxation, Chapter 3
-
Tax Executions, Sections 48
-
3
-
1
48
-
3
-
29; Chapter 4
-
Tax Sales, Sections 48
-
4
-
1
48
-
4
-
81
Title 23
-
Equity, Sections 23
-
3
-
60
23
-
3
-
72
Hawaii Revised Statutes
Title 14
-
Taxation, Chapter 246
-
Real Prope
rty Tax Law
:
Liens, Foreclosure, Sections 246
-
55
246
-
63
Idaho Code
Title 28
-
Commercial Transactions, Chapter 22
-
Money of Account and Interest, Section 28
-
22
-
104
Title 60
-
Public Printing and Office Notices, Chapter 1
-
Contracts for Printing,
Pub
lication of Notices,
Section 60
-
106
Title 63
-
Revenue and Taxation, Chap
t
er 10
-
Collection of Delinquency on Real, Personal and
Operating Property, Sections 63
-
1001
63
-
1015
Illinois
Compiled Statutes
Chapter 35
-
Revenue, 35 ILCS 200
-
Property Tax
Code, Title 7
-
Tax Collection,
Article 21
-
Due
Dates, Delinquencies, And Enforcement Of Payments,
Division 2
-
Enforcement Actions, Sections 21
-
70
21
-
130; Division 3
-
Notice and Publication Provisions, Sections 21
-
135
21
-
145; Division 3.5
-
Judgments
and Sales, Sections 21
-
150
21
-
185; Division 4
-
Annual Tax Sale Procedure
, Sections
21
-
190
21
-
255
; Division 5
-
Scavenger Sales,
Procedures
, Sections 21
-
60
21
-
290
;
Division 6
-
Indemnity Fund; Sales In Error
, Sections 21
-
295
21
-
340
;
Division 7
-
R
edemption Procedures and
Notice Requirements
, Sections 21
-
345
21
-
397
;D
ivision 8
-
Other Procedures
, Sections 21
-
400
21
-
445
Chapter 35
-
Revenue, 35 ILCS 200
-
Property Tax Code, Title 7
-
Tax Collection,
Article 22
-
Tax
Deeds And Procedures
, Section
s 22
-
5
22
-
95
Indiana
Code
Title 6
-
Taxation, Article 1.1
-
Property Taxes, Chapter 24
-
Sale of Real Property When Taxes or
Special Assessments Become Delinquent, Sections IC 6
-
1.1
-
24
-
1
IC 6
-
1.1
-
24
-
14; Chapter 25
-
Redemption of and Tax Deeds for Re
al Property Sold for Delinquent Taxes and Special Assessments,
Sections IC 6
-
1.1
-
25
-
1
IC 6
-
1.1
-
25
-
19
Iowa Code
Title X
-
Financial Resources, Subtitle 2
-
Property Taxes, Chapter 446
-
Tax Sales, Sections 446.1
446.45; Chapter 447
-
Redemption of Tax
es, Sections 447.1
447.14; Chapter 448
-
Tax Deeds,
Sections 448.1
448.17A
Kansas Code
Chapter 79
-
Taxation, Article 23
-
Sale of Real Estate for Taxes, Sections 79
-
2301
79
-
2326;
Article
24
-
Redemption of Real Estate and Remission, Compromise or
Re
s
pread of Real Estate Taxes,
Sections 79
-
2401
79
-
2432; Article 25
-
Conveyance of Land Sold for Taxes,
Sections
79
-
2501
79
-
2514; Article 26
-
Floating and Federal Liens, Sections 79
-
2601
79
-
2619; Article 28
-
Judicial
Foreclosure and Sale of Real E
state by County, Sections
79
-
2801
79
-
2812; Article 29
-
Miscellaneous Provisions, Sections 79
-
2901
79
-
2977a
Rogue Tax Sale Investor
-
19
-
Kentucky
Revised Statutes
Title XI
-
Revenue and Taxation, Chapter 134
-
Payment, Collection and Refund of Taxes, Sections
420
570
Louisia
na
Revised Statutes
Title 47
-
Revenue and Taxation, Chapter 5
-
Tax Sales and Redemptions, Part I
-
Sales, Sections
2171
2194; Part II
-
Redemptions, Sections 2221
2230; Part III
-
Tax Sales and Redemption of
Immovable Property Adjudicated for Taxes
for 1974 and Subsequent Years, Sections 2251
2262
Louisiana Constitution: Article VII, Section 5
-
Tax Sales
Maine Revised Statutes
Title 36
-
Taxation, Part 2
-
Property Taxes, Chapter 107
-
Unincorporated and Unorganized
Territories, Subchapter 4
-
Delinquent Taxes, Sections 1281
1288
Maryland
Statutes
Tax
-
Property, Title 14
-
Procedure, Subtitle 8
-
Collection, Part III
-
Tax Sales, Sections 14
-
808
14
-
863
General Laws of
Massachusetts
Part I
-
Administration of the Government, Title IX
-
Taxation, Chapter 60
-
Collection of Local Taxes,
Collection by Sale or Taking of Land
, Sections 37
60;
Collection of Taxes Subsequent to Sale or
Taking
, Sections 61
61A
;
Redemption
, Sections 62
63
;
Tax Titles
,
Sections 64
78
;
Sale of Lands
of Low
Value Held by City or Town Under Tax Titles
, Sections 79
81B
;
Proceedings if Tax Title is
Deemed Invalid
, Sections 82
84A
Michigan
Compiled Laws
Chapter 211
-
Taxation of Real and Personal Property
,
The General Property Tax Act
-
Act 206 of
1893
,
Sal
e, Redemption and Conveyance of Delinquent Tax Lands
,
Section
s
211.60
211.60a
;
Notice and Lists of Lands to be Sold
,
Section
s
211.61
211.69
;
Sale by County Treasurer
,
Section
s
211.70, 211.70a
211.73c
;
Redemption and Annulment
,
Section
s
211.74
211.7
9a
;
Tax Lands Held
by the State
, Sections 211.83
211.86
Refund of Purchase Price and Cancellation of Conveyance
-
Act 130 of 1907, Sections 211.451
211.455
Minnesota Statutes
Chapter 279
-
Delinquent real estate taxes, Sections 279.001
279.3
7; Chapter 280
-
Real estate tax
judgment sales, Sections 280.001
280.43; Chapter 281
-
Real estate tax sales, redemption, Sections
281.01
281.67; Chapter 282
-
Tax
-
forfeited land sales, Sections 282.01
282.40; Chapter 283
-
Refund to purchasers, Sec
tions 283.01
283.11
Mississippi
Code
Title 27
-
Taxation and Finance, Chapter 43
-
Ad Valorem Taxes
-
Notice of Tax Sale to Owners and
Lienors, Sections 27
-
43
-
1
27
-
43
-
11; Chapter 45
-
Ad Valorem Taxes
-
Redemption of Land Sold for
Taxes, Sections 2
7
-
45
-
1
27
-
45
-
29; Chapter 47
-
Ad Valorem Taxes
-
Assignment of Tax Liens,
Sections 27
-
47
-
1
27
-
47
-
31
Missouri
Revised Statutes
Title X
-
Taxation and Revenue, Chapter 140
-
Collection of Delinquent Taxes Generally, Sections
140.010
140.855; Chapter
141
-
Delinquent Taxes
-
First Class Counties and St. Louis City,
Sections 141.010
141.970
Rogue Tax Sale Investor
-
20
-
Montana Code
Title 7
-
Local Government, Chapter 1
-
General Provisions, Part 21
-
Counties, Section 7
-
1
-
2121
Title 7
-
Local Government, Chapter 8
-
Acquisiti
on, Transfer, and Management of Property and
Buildings, Part 23
-
Sale of Tax
-
Deeded Land, Sections 7
-
8
-
2301
7
-
8
-
2308
Title 15
-
Taxation, Chapter 17
-
Tax Sales, Part 1
-
Notice of and Protest of Sale, Sections 15
-
17
-
101
15
-
17
-
131; Part 2
-
Sale, S
ections 15
-
17
-
201
15
-
17
-
214; Part 3
-
Procedure After Sale, Sections
15
-
17
-
301
15
-
17
-
326
Title 15
-
Taxation, Chapter 18
-
Ownership Interests in Land Sold For Taxes, Part 1
-
Redemption,
Sections 15
-
18
-
101
15
-
18
-
114; Part 2
-
Issuing a Tax Deed, Se
ctions 15
-
18
-
201
15
-
18
-
218; Part 4
-
Quiet Title, Sections 15
-
18
-
401
15
-
18
-
413
Laws of
Nebraska
Chapter 77
-
Revenue and Taxation, Sections
77
-
1801
77
-
1941
New Hampshire
Revised St atutes
Title X
-
Taxation,
Chapter 80
-
Collection of Taxes,
Pro
ceedings Against Real Estate
, Sections 80:18
80:42
-
a;
Fees Relative to Collection of Taxes
, Sections 80:43
80:46;
Miscellaneous Provisions
,
Section
s
80:47
80:58
;
Real Estate Tax Liens
,
Section
s
80:59
80:91
Title X
-
Chapter 81
-
Taxes in Unincorpo
rated Towns and Unorganized Places
, Sections
81:3
81:4
New Jer se y
Permanent Statutes
Title 54
-
Taxation, Chapter 5
-
Tax Sale Law, Sections 54:5
-
1
54:5
-
111.4
New Mexico Statutes
Chapter 7
-
Taxation, Article 38
-
Administration and Enforcement of
Property Taxes, Sections 7
-
38
-
65
7
-
38
-
74
Nevada Revised Statutes
Title 21
-
Cities and Towns, Chapter 271
-
Local Improvement, Sections 271.545
271.630
Title 32
-
Revenue and Taxation, Chapter 361
-
Property Tax, Collection of Taxes,
Delinquencies,
T
rustee’s Certificates, Redemption and Sale
, Sections 361.5648
361.620;
Corrections, Cancellations
and Miscellaneous Provisions
, Sections 361.765
361.797
New York
Consolidated Laws
Real Property Tax Law
,
Article 11
-
Procedures for Enforcement of Coll
ection of Delinquent Taxes,
Title 1
-
Short title; definitions; application, Sections 1100
1106
; Title 2
-
Redemption
,
Section
s
1110
1114
; Title 3
-
Foreclosure of tax lien by proceeding in rem
,
Section
s
1120
1140
;Title4
-
General
provisions
,
Secti
on
s
1150
1184
; Title 5
-
S
ales of delinquent tax liens
,
Section
s
1190
1194
North Carolina General Statutes
Chapter 105
-
Taxation, Article 26
-
Collection and Foreclosure of Taxes, Sections 105
-
349
105
-
378
North Dakota
Century Code
Title 57
-
Tax
ation
, 57
-
20
-
Payment and Collection of Taxes, Sections
57
-
20
-
01
57
-
20
-
28;
57
-
25
-
Procedure for Payment of Tax or Redemption on Division of Real Estate, Sections
57
-
25
-
01
57
-
25
-
05;
57
-
28
-
Rights of County When Lands Not Redeemed, Sections
57
-
28
-
01
57
-
28
-
29
;
57
-
29
-
Tax
Liens on Land Acquired by State, Sections
57
-
29
-
01
57
-
29
-
05
;
57
-
30
-
Action by County to Quiet
Title
, Sections
57
-
30
-
01
57
-
30
-
05
Ohio Statutes
Title LVII
-
Taxation, Chapter 5721
-
Delinquent Lands, Sections 5721.01
5721.29;
T
ax Certificates
,
Sections 5721.30
5721.46; Chapter 5723
-
Forfeited Lands, Sections 5723.01
5723.19
Oklahoma
Statutes
Title 68
-
Revenue and Taxation, Article 31, Sections 3101
3152
Rogue Tax Sale Investor
-
21
-
Oregon Revised Stat utes
Title 25
-
Public Lands, Chapter 275
-
C
ounty Lands,
Public Lands: Management and Disposition of
Lands and Resources
, Sections 275.020
275.318
Title 29
-
Revenue and Taxation, Chapter 312
-
Foreclosure of Property Tax Liens, Sections 312.005
312.990
Pennsylvania Statutes
Real Estate Tax S
ale Law, Article I
-
Short Title; Definitions, Sections 101
102; Article II
-
Tax Claim
Bureau, Sections 201
208; Article III
-
Lien of Taxes, Filing of Tax Returns, Adjudication, Sections
301
316; Article IV
-
Sequestration, Sections 401
406; Arti
cle V
-
Discharge of Tax Claims Before
Sale, Sections 501
506; Article VI
-
Sale of Property,
Upset Sale
, Sections 601
609,
Judicial Sale
,
Sections 610
612.2,
Private Sale
, Sections 613
615,
Mandatory Judicial Sale
, Section 616,
Miscellaneous
,Sect
ions 617
619.1,
Repository for Unsold Property
, Sections 625
630; Article VII
-
Property Purchases By Taxing District Prior to This Act, Sections 701
705; Article VIII
-
Repeals and
Effective Date, Sections 801
803
See also:
x
Unseated Land for Tax
es, P.L. 192, No. 113, Section 1
x
Unseated Lands Selling of For Taxes, P.L. 177, No. 128, Sections 1
9
x
Lands for Taxes Mode of Selling, P.L. 111, No. 89, Section 1
x
Lands Being Sold for Non
-
Payment of Taxes, P.L. 477, No. 502, Sections 1
4
x
Surplus Bonds
at Tax Sales, Recordation, P.L. 47, No. 32, Sections 1
2
x
Taxes, Land Taken for Non
-
Payment of, P.L. 81, No. 53, Section 1
x
Validating County Taxes, P.L. 580, No. 310, Section 1
x
Tax Claims, Compromise, P.L. 1018, No. 229, Sections 1
3
x
Real Estate, Red
emption After Tax Sale, P.L. 1091, No. 356, Sections 1
4
x
Municipal Property, Tax On,
P.L. 787, No. 213,
Sections 1
4
x
Authorizing Sale of Realty for Tax Claim Judgment, P.L. 1100, No. 386, Sections 1
6
x
Validating Sales by County Commissioners, P.L.
390, No. 36 Cl. 69, Sections 1
2
x
Validating Conveyance by Third Class Cities, P.L. 703, No. 168, Cl. 69, Sections 1
2
x
Validating Title to Certain Real Estate, P.L. 837, No. 387 Cl. 69, Sections 1
2
x
Validating Tax Claim Bureau Deeds, P.L. 355, N
o. 119 Cl. 69, Sections 1
2
x
Sale of Land for Taxes, P.L. 71, No. 43, Section 1
x
Lands, Sale of For Taxes, P.L. 131, No. 69, Section 1
Rhode Island
General Laws
Title 44
-
Taxation, Chapter 44
-
9
-
Tax Sales, Sections 44
-
9
-
1
44
-
9
-
56
South Carolina
Code of Laws
Title 12
-
Taxation, Chapter 49
-
Enforced Collection of Taxes Generally, Article 1
-
Liens and Suits
Generally, Sections 12
-
49
-
10
12
-
49
-
90
Title 12
-
Taxation, Chapter 51
-
Alternate Procedure for Collection of Property Taxes, Sections 12
-
51
-
40
12
-
51
-
170
Title 12
-
Taxation, Chapter 59
-
Forfeited Lands, Article 1
-
General Provisions, Sections 12
-
59
-
10
12
-
59
-
130
Title 12
-
Taxation, Chapter 59
-
Forfeited Lands, Article 3
-
Title to Lands Forfeited Prior to December
24, 1887 Renounc
ed, Sections 12
-
59
-
310
12
-
59
-
330
South Dakota
Codified Law
Title 10
-
Taxation, 23
-
Sale Of Real Property For Taxes And Assessments, Sections 10
-
23
-
1
10
-
23
-
33; 24
-
Redemption From Tax Sales, Sections 10
-
24
-
1
10
-
24
-
17; 25
-
Tax Deeds, Sections 10
-
25
-
1
10
-
25
-
44; 26
-
Scavenger Tax Law, Sections 10
-
26
-
1
10
-
26
-
10
Rogue Tax Sale Investor
-
22
-
Tennessee Code
Title 67
-
Taxes and Licenses, Chapter 5
-
Property Taxes, Part 25
-
Tax Lien, Sale of Property,
Sections 67
-
5
-
2501
67
-
5
-
2515
; Part 27
-
Redemption, Sections 67
-
5
-
2701
67
-
5
-
2706
Texas
Statutes
Title 1
-
Property Tax Code, Subtitle E
-
Collections and Delinquency, Chapter 34
-
Tax Sales and
Redemption, Subchapter A
-
Tax Sales, Sections 34.01
34.08;
Subchapter B
-
Redemption,
Sections
34.21
34.23
Utah Code
Titl
e59
-
Revenue and Taxation, Chapter 02
-
Property Tax Act, Sections 59
-
2
-
1338
59
-
2
-
1364
Vermont
Statutes
Title 32
-
Taxation and Revenue, Chapter 17
-
Fees and Costs, Section 1674; Chapter 133
-
Assessment and Collection of Taxes, Sections 4877
526
3
Code of Virginia
Title 58.1
-
Taxation, Chapter 32
-
Real Property Tax, Sections 58.1
-
3340
58.1
-
3345; Chapter 39
-
Enforcement, Collection, Refunds, Remedies and Review of Local Taxes, Sections 58.1
-
3965
58.1
-
3965
Revised Code of Washington
Title
84
-
Property Taxes, 84.60
-
Lien of taxes, Sections 84.60.010
84.60.070; 84.64
-
Lien
foreclosure, Sections 84.64.040
84.64.215; 84.68
-
Recovery of taxes paid or property sold for taxes,
Sections 84.68.010
84.68.150
West Virginia
Code
Chapter 11
A
-
Collection and Enforcement of Property Taxes, Article 2
-
Delinquency and Methods of
Enforcing Payment, Sections 11A
-
2
-
1
11A
-
2
-
19; Article 3
-
Sale of Tax Liens and Nonentered,
Escheated and Waste and Unappropriated Lands
, Parts I
-
III, Sections 11A
-
3
-
1
11A
-
3
-
74; Article 4
-
Remedies Relating to Tax Sales, Sections 11A
-
4
-
1
11A
-
4
-
7
Wisconsin
Statutes
Taxation, Chapter 75
-
Land Sold for Taxes, Sections 75.001
75.69
Wyoming
Code
Title 39
-
Taxation and Revenue, Chapter 13
-
Ad Valorem Taxatio
n, Section 39
-
13
-
108
-
Enforcement
Guam Government Code
Title 11
-
Finance and Taxation, Division 2
-
Taxes,
Chapter
24
-
Real Property Taxes, Article 8
-
Tax
Sold Property, Sections 24801
24828
Virgin Islands Code
Title 33
-
Taxation and Finance, S
ubtitle 2
-
Property Taxes, Chapter 89
-
Levy and Collection of
Taxes, Subchapter III
-
Attachment and Sale of Property for Nonpayment, Sections 2541
2555;
Subchapter IV
-
Right of Redemption, Sections
2581
2584;
Subchapter V
-
Assignment or Sale and T
ransfer of Tax
Liens/Privatization of Tax Collection Process, Sections
2591
2592
Rogue Tax Sale Investor
-
23
-
FIVE
What Can You Expect?
“Eighty percent of success is showing up.”
Woody Allen
By now you should
have
aroughideaofhowyoumightwantto
play the tax lien market (read
about investment strategies in Chapter 3).
This chapter
provides a case study of tax lien
investing
,andano
utline of the steps to follow
when investing in tax liens or tax deeds
.
Tax Lien Investing Case Study
The followin
gtwoexamplesshowtherangeofwhatyoucanexpectfromtaxlieninvesting,and
are intended to help you become prepared for the process.
Example 1
:Over
-
the
-
counter sale
After visiting the county and deciding that you are interested in real estate in
the area, you call
the county
tax collector or
treasurer or visit the county website to find out what properties are
still available after last year’s auction. With a little work, you establish a rapport with someone at
the county who is knowledgeable abou
tthepropertiesinordertolearnmoreaboutthelocation
and condition of the properties. One of the properties looks favorable, so you decide to visit it. It
is a residential property. The penalties, taxes and interest owed are $1,804.50, which is withi
n
your investment range. The state’s interest rate is 16 percent.
Because
the property is not being
bought at auction,
but instead is being sold “over the counter,”
you automatically get the full
,
state
-
mandated
interest rate. You send a check to the count
y
and you receive a tax lien
certificate. After 11 months have gone by, you receive a notice from the county
tax collector or
treasurer that the owner has paid the debt owed and the property has been redeemed. You mail
the tax lien certificate in and you g
et the full amount you invested plus 11 months of interest at
16 percent.
Actual
E
vent
:Werecently
obtained an over
-
the
-
counter list for Marion County, Arkansas. After
reviewing dozens of properties, we found a lake lot listed for $8,000. After further r
esearch we
determined that the lot was worth $15,000 to $20,000, so we made a bid of $9,000. We filled out
abidder
sformandsentinthemoney.However,priorto
us
receiving the deed, the owner
decided to redeem the property and we received our money ba
ck.
In another case, while driving through Colorado we stopped in Castle Rock (Douglas County)
and picked up
the county’s
over
-
the
-
counter list. In one afternoon we did the research
necessary to purchase two high quality
tax
liens through the county’s ov
er
-
the
-
county process.
Rogue Tax Sale Investor
-
24
-
Example 2
:Publicauction
You decide to attend a county auction. To learn about what properties are available, you buy a
local newspaper. After checking out the properties, you decide to bid on one of the properties at
the
auction. At the auction, the bidding in this state starts at 18 percent. The first bid is 18
percent. The next bidder bids 12 percent. Finally, you win the bid at 6 percent. According to
state rules you must pay the balance immediately, so you hand a cashi
er’s check to the county
treasurer for the full amount right away. After
the redemption period expires,
you receive a
notice in the mail that the county is foreclosing on the property
(i.e., the owner did not redeem
their taxes)
.Youcelebrate,becauseyou
have likely received the property for pennies on the
dollar. However, you also recognize the complexity of the foreclosure process. You do the smart
thing and hire a local lawyer familiar with the foreclosure process in this area. Like most states,
the fo
reclosure requirements are complex, requiring you to publish a notice of foreclosure in the
local newspaper and appear in court. You have already made a killing on the property. By hiring
alocallawyeryoudonothavetodealwiththejudgeatthecourta
ppearance and you are
confident the paperwork will be done correctly. After the foreclosure process is over, you decide
that you do not want to keep the property, so you put the property up for sale right away.
Because you got the property so cheap, you ca
nputabargainpriceonit,sellitquicklyandstill
make plenty of money.
Actual Event
:JustpriortotheOctobersaleinTravisCounty,Texas,wespentoneday
researching properties in preparation for the sale. One lot located on a cul
-
de
-
sac in an u
pscale
neighborhood caught our attention. The minimum bid was $3,700. Based on a comparative
analysis of other properties, we estimated the value of the lot at $15,000. At the sale, bidding
started at the minimum bid
;afterreachingavalueof$4,5
00 the b
idding stopped and we won
the bid.
In about 30 days, we received the following
Constables Deed on the property:
Rogue Tax Sale Investor
-
25
-
Rogue Tax Sale Investor
-
26
-
Rogue Tax Sale Investor
-
27
-
Tax Lien Investing Process
Earlier chapters of this book have touched on the tax lien investing process. Here are the steps
you shoul
dfollow.
Narrow your search
Narrow your search to one or two states and two to three counties per state. You will not have
enough time or knowledge to accomplish much more until you have a lot of experience.
Learn the tax sale specifics
Contact the tr
easurer’s office or the tax collector’s office (the specific department varies from
state to state) for the county you are interested in, or visit the county website, to find the rules
and procedures that govern the countys tax sales, as well as to find a
list of the properties
available. A few states conduct sales through municipalities, so you will need to contact the
county in these states and find out which municipalities handle the tax sales. Chapter 9 provides
detailed information for over 100 counti
es in the country
.Forlinkstoallthecountywebsites,
vis
i
tourtaxliencertificateswebsiteat
http://www.tax
-
lien
-
certificates.com
and click on the state
you are interested in
.
Some counties do
not post anything about tax sales on their website. County budgets are not
always sufficient to keep up, and many counties are just starting to become computer and
Internet efficient. You may need to get a copy of the local newspaper to find out about the
properties that are available. Many counties have lists of available properties for sale at
upcoming tax lien auctions or tax deed sales. You can usually download these lists for free or
purchase them for $5 to $50 or more, depending on the county.
You
will need to study the local laws and do some research to get ready. Chapter 4 provides
the
relevant state tax sale laws
.Thesearesometimesdifficulttoread,butdothebestyoucan.You
can also ask the county to tell you what information is important.
Once you are familiar with the
rules, narrow your focus to
fewer than 10
properties.
Arrive early for an auction
If you decide to attend
an auction
,arriveearly.Youwillhavetofilloutpaperwork.
At a tax lien
sale, y
ou will usually be required to
fill out a W
-
9formforincometaxrep
orting. The image
on
the following page
shows
the beginning of the form
.Foracopyoftheentireformthatyoucan
fill out, visit the Internal Revenue Service’s website at
http://www.irs.gov/pub/irs
-
pdf/fw9.pdf
.
Depending on the rules of the county, you may need a cashier’s check or cash to buy tax liens
or tax deeds. You also
may
have to pay a deposit. Some counties and states require that you
register 7 to 1
0daysinadvance,sobesuretocheckyourlocalrules.
Chapter 9 provides detailed information regarding auction rules and procedures for many
counties. Read this information to get a feel for what is required and how the process works.
However, before
you go to a sale, make sure you contact the county and find out what the
current procedures are and where you need to show up. Although this book is updated
frequently, things change rapidly in the tax sale business and county websites are constantly
bein
grevised.
You must become an expert in your area and county
to become proficient and avoid unpleasant surprises!
Rogue Tax Sale Investor
-
28
-
Follow the rules after a winning bid
Once you have obtained a tax lien certificate or foreclosed property, follow all the local rules.
Failure to do so could cause your entire effort to be wasted, since you could lose your
investment. This is where knowledge of the local laws becomes very important. Most counties
have strict and often complicated rules on posting notices, foreclosing on p
roperties and
clearing title to the property if foreclosure is necessary. You also
may
have to pay subsequent
property taxes to maintain your lien status. Generally, these rules favor the owner of the
property so that the owner can pay the back taxes and r
etain the property if possible.
At tax lien certificate sales, less than five percent of all properties with delinquent taxes
generally go to foreclosure. However, if a property you own does go to foreclosure, hire an
attorney familiar with the local la
ws to assist you in the foreclosure process. In states selling
foreclosed properties at tax deed sales, be very careful. Here you must research the property
very carefully
and follow the foreclosure process
.
There are several key points that should be e
mphasized and repeated: (1) if possible, it is wise
for you to establish a friendly relationship with the county employees to get more information
regarding available properties before you waste your time visiting properties that you do not
want, and (2) i
fthepropertygoestoforeclosure,youshouldhirealocalattorneytosettlethe
foreclosure. Do not do it yourself! It is too complicated. Some states will handle the foreclosure
process. Under these circumstances, you may not need a lawyer. However, al
ways err on the
side of caution, especially until you have gone through the process a few times and know what
to expect.
If you decide to keep the property, use your attorney to make sure you have a clear title to the
property and help you legally evict t
he former owners if they are still on the premises. To make
Rogue Tax Sale Investor
-
29
-
sure you are protected against any future claims to the property, your attorney can quiet the
title. To
receive
acourtorderthatwillallowyoutogettheassistanceofthelocalsheriff,if
nec
essary, to remove the former owners, have your attorney file an unlawful detainer action. In
most cases, the property will be vacant by this time and your attorney will only need to assist
you with the foreclosure process and make sure you have clear title
.
Rogue Tax Sale Investor
-
31
-
SIX
Possible Problems and How to Avoid Them
“Who dares nothing, need hope for nothing.
J.C.F. von Schiller
If you think about it, tax lien certificates and tax deed sales are a symptom of something gone
awry with the p
roperty owner. Usually the reason is plain negligence (someone goes out of town
for an extended period) or a lack of money. When someone has been an owner of the property
for a long time and real estate values in the area suddenly rise due to development,
the tax
burden on a person can double or triple over just 5 or 10 years. Rather than sell the property,
the owner procrastinates on the decision until it gets serious.
It is also possible that the property is not worth the amount of taxes owed. Environm
ental
contamination may have been discovered on or near the property or, after years of negligence,
the structures on the property may be in disarray. The property may be prone to excessive
flooding or have building restrictions. Water rights also might be
a
n
issue.
The first step in assessing if there is something truly wrong with the property is to compare the
assessment of the property’s value to similar properties in the area. For every tax lien certificate
or tax deed property, you can find an assessm
ent of the property’s value by a government
agency
(usually the county assessor’s office)
.Ifthisassessedvalueissignificantlylowerthan
similar properties in the area, there is probably a problem with the property.
To avoid possible environmental i
ssues, do not buy properties near industrial areas. Do some
research in advance and talk to locals to ensure the property is not near any hazardous waste
sites. You also
can
go to the county courthouse and look up the property on Sanborn Maps,
which will s
how the historical uses, if any, of the property. Avoid any areas that were previously
used as commercial or industrial sites. In fact, in most cases where you are looking at buying
residential property or raw land, do not buy if the property was ever zone
dforanythingother
than agricultural or residential use.
There are other environmental issues you should consider. Avoid any property near a gas
station. Gas stations almost always contain underground storage tanks that can leak, potentially
contaminat
ing nearby properties. In general, avoid any property with underground storage
tanks. Avoid any property near a dry cleaning facility, which use
s
solvents to clean garments.
Many of these solvents are cancer causing and highly mobile, potentially contamina
ting other
properties and groundwater. Other potential problems include asbestos (common in commercial
properties more than 20 years old), lead paint (possible in any structures built prior to 1978),
and radon (common in areas with basements built in or on
top of bedrock). If possible, inspect
the property to make sure it is free of debris and does not contain any soil staining, sheens or
seeps. Look for water damage and, if possible, survey the local area for drainage ways to
Rogue Tax Sale Investor
-
32
-
determine if the property has
the potential for flooding. For residential property, the chances of a
serious environmental problem are low. However, that does not mean you should not check for
all of the environmental problems just described. Chapter 10 of
Rogue Real Estate Investor
pr
ovides a more detailed discussion of potential environmental problems.
Another possible problem is that a property owner could declare bankruptcy while you are
holding the tax lien. This will not ultimately affect your investment, because tax lien investo
rs are
secured creditors, meaning that you will get your money
or the property
.However,
receiving
your money
could be delayed while the initial portion of the bankruptcy proceeds. If you think
the property owner is in danger of declaring bankruptcy, and t
he best way to tell is how much is
due relative to the worth of the property, do not bid on the tax lien.
Chapter 11 of
Rogue Real
Estate I nvestor
covers bankruptcy issues in more detail.
If you have any uncertainties about a property, do not buy. There
are always plenty of tax lien
certificates and tax deeds available. Sometimes the best decision is to not get involved.
Rogue Tax Sale Investor
-
33
-
SEVEN
A Practical Fiel d Guide to Investing
in Tax Liens an d Tax Deeds
Lucy: “I never get what I really w ant [f or Chr
istmas].
Charlie Brown: “What is it you want?”
Lucy: “Real estate.”
ACharlieBrownChristmas
,CharlesSchulz
Introduction
We
attend tax sales nearly every month. This chapter provides a hands
-
on approach to the art
of investing in tax liens and tax
deeds.
One of the most important steps in investing in tax liens and tax deeds is to evaluate the real
property (land or improvement). Even if you are only investing in tax liens, you should be ready
to take ownership and assume that you could acquire t
he property. Remember, on average,
less than
five
percent of tax liens go to foreclosure or deed.
If you are bidding at a tax deed sale, you are actually bidding on the property. Upon winning the
bid, the property is yours. As is the case with buying a
nything, you need to make sure you get
what you pay for. This includes your time, energy and effort. After all, you can buy real property
through an individual or real estate broker. In fact, if you are not getting a property at a
substantial discount to t
he going rates, then it may not be worth it. There
also
are larger
concerns to consider. In the case of environmental contamination you could get stuck with
thousands, if not millions, of dollars of liability if you’re not careful. Other problems may not b
e
quite so elaborate, but could result in reducing your return. For example, a land
-
locked property
could require legal costs to force the adjacent owner(s) to provide you with access.
Knowledge is power, so make sure you are prepared ahead of time.
Ste
ps to Investing
Step 0:
K
now your goal
sbeforeyouinvest
Why are you investing? Is it for:
x
Income?
x
Retirement?
x
Building a nest egg?
Rogue Tax Sale Investor
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34
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x
Becoming wealthy?
x
Freedom?
x
Something to do?
x
Achallenge?
Why do you need to know?
You need to know because your go
als will influence the type of deeds or liens that you pursue.
For instance, commercial properties may have more risk due to the inherent nature of many
businesses, such as improper waste disposal and urban locations. On the other hand,
commercial properti
es may be lucrative if you understand and can manage the risks. If you are
only trying to receive a decent return on your money and have no intention of taking ownership
of a property, then you will want to orient your investing to tax lien states and prop
erties that will
most likely be redeemed.
Be sure to examine your finances closely enough to understand how your tax lien and tax deed
investing plays into your overall investing plan. Again, think about how much risk you can
handle.
Consider your inves
ting goals in light of the types of properties and locations available. You may
be looking for retirement land. If so, ignore all commercial and residential buildings. You may
only understand real estate values in a particular region, state or county. If t
hat’s the case,
bidding outside of your area of expertise will result in higher risk. On the other hand, your county
may be too competitive or properties may be scarce and this may force you to become an
expert elsewhere.
The point is to know what you wa
nt, whether it is land, interest income from a tax lien, or
foreclosure potential of residential or commercial properties. All of these factors will influence
your potential screening of properties.
Finally, it is highly advisable that you attend at least
one tax lien or tax deed auction with no
intention of buying. Observe the bidding process and even ask questions after the auction is
finished. You will feel much more confident and prepared for your first tax sale.
Step 1: Obtain the list o f p roperties
and register
Delinquent property lists are available by contacting the county and finding out how and where
they list properties. Some states and counties only work with local newspapers. Other counties
publish lists online and even update
the lists
when
properties are redeemed. Some counties will
send you a list, but they usually require a fee. The fee is often fairly nominal; however, in some
counties
in Illinois, the fee can be as high as $500
.
The best approach is to start with a county website and s
earch for the treasurer’s or tax
collector’s office (see Chapter 9 for detailed county information). If a property list is not available
online, you may need to call the county
.
The following are
example tax
lien certificate
sale lists
for Nebraska and Col
orado.
Rogue Tax Sale Investor
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Many states only conduct tax sales once a year, so be sure to find out when your state or
province is due for its sale. Chapter 9 includes information on the dates of many county sales.
You can also refer to the following web page for upda
ted tax sale dates:
http://www.tax
-
lien
-
certificates.com
.
The county treasurer or tax collector will often be responsible for conducting a tax sale, and can
inform you about the requirements and what
to expect. Spend a few minutes speaking with
someone on the phone, or better yet in person.
Find out what requirements are necessary to bid. You may be required to pay in advance. For
instance, many counties require a money order or cashier’s check for
aminimumamountora
percentage of the amount you plan on bidding. The minimum amount may only
be
$100 or the
minimum amount listed in the bid listing. The remaining amount will be required upon
successfully winning the bid. If you don’t bid, you will be
reimbursed. Again, check the rules and
see if a personal check is
accepted
.Somecountieswillnotacceptapersonalcheckorcredit
card.
As far as registration, plan ahead. Texas now requires registration in advance and a $10 fee.
Some counties, like Co
conino in Arizona, require an advanced registration of 7 days. Other
counties allow registration even on the day of the bid.
Find out what other requirements are necessary to bid in the state or county. Missouri, for
instance, requires that you live in th
ecountyorhavearepresentativeactasyourliaison.Inthe
latter case, you must have a notarized signature from the representative.
Finally, ask a county representative about the sale itself. Here are some questions that you
might want to know the an
swers to:
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37
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x
Is the bidding held by your office or a professional firm?
x
How quickly does the bidding proceed?
x
What are the bid increments (e.g., in 1 percent increments or by amounts of $50)?
x
What happened during the last sale?
x
How long does the sale last?
x
Ho
wmanypeopleusuallyshowup?
x
What areas of the county generate the most interest and the least interest, in terms of
bidding
,
and why?
x
When are payments due (e.g., at the end of the day, immediately, in 24 hours)?
x
What happens in the case of ties, as whe
nmorethanonepersonbidszerointerestona
property?
Step 2: Initial screening
Surprisingly enough, an initial screen can be done by looking through the list of properties and
searching for key phrases that might identify where the property is locate
d. An example would
be a legal description that contains descriptions of certain areas that you recognize.
Recommendation
:Beforedoinganyscreening,makesureyoucheckforanyredemptions.
The property list will contain the name of the individual or c
ompany that is the recorded owner, a
legal description,
the amount of taxes
owed and the minimum bid.
Here are two real examples (the names and locations have been altered):
x
Example 1
43. Smith, Betty A. W½ SW¼
NE¼ SW ¼ 9 6N 5W 5
.00 Acres Parcel #123
-
456
-
789
1998 Min Bid: $1040.00 Tax Due: $321.21
x
Example 2
51. Parcel # 12
-
3456
-
789 Needles, John & Bernice, 1116 NW Maple, Kansas City, MO
64164 26
-
53
-
35 Embassy Harbor Edition Lot 33 Blk 5,
2001 taxes owed: $675.25
2002 taxes owed: $711.23
Printing fee: $5
0.00
Total: $1,436.48
Using Example 1, we will take you through everything in the listing so that you understand how
to read the tax sale listings.
43
The first number is the bid or listing number. This number is used as the bidding number. Most
countie
swillstartwiththelowestnumberandmovetothehighestorlastnumberonthelist.
During the auction, the lowest numbers will go first and the higher numbers later. Consecutive
numbers may be missing if a property owner redeems or pays his
/her
taxes.
Note:
Sometimes
the lower numbers will receive more attention towards the beginning of an
auction and the higher numbers will receive less attention later in the bidding because
individuals are fatigued or they have exceeded their budget.
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Smith, Betty
A
.
The name of the owner is next. This can be significant if you find a landowner or business that
you are confident has gone out of business or is financially distraught. You
also can
look for
multiple properties or lots owned by the same individual,
so
that you can
scoop
up adjacent
properties. W
hen you are viewing plat maps
,
you may see other landowners with the same
name, indicating that a relative might live adjacent to or near a foreclosed property. This is
probably not a problem, but you should be
aware of it.
W½ SW¼ NE¼ SW ¼ 9 6N 5W
Next, you will usually see what is referred to as a legal description. The most common legal
description is based upon the Section and Township demarcation, also referred to as the
government rectangular survey. A le
gal description
also
may be in metes and bounds or lots
and blocks.
Alegaldescriptionofrealpropertyisdefinedasamethodoflocatingaparcelusing
an unbiased demarcation that can be used universally to locate real property. The address to a
proper
ty, such as your house, is not considered a legal description. Thus, 1305 Maple Street is
not a legal description for real property.
The system in the U.S. is shown by lines running east, west, north and south in a grid pattern or
checkerboard. Each grid
or square on, for example, a county plat map is one mile by one mile
or 640 acres. There are six grids by six grids or six miles by six miles in a legal township.
Numbers starting from a known baseline and running north to south are called Township (T)
num
bers. Numbers running east to west are called Range (R) numbers. For those of you
counting, the total number of grid cells or sections in a legal plat is 36.
Interestingly, the numbers move from the right to the left, down, then left to right and so on u
ntil
36 sections are numbered. This is because original surveyors had to traverse the land and it
was not practical to return to the starting side. It made much more sense to traverse across, go
down and then go back across.
In our example, the numbers sh
own as 6N and 5W are referred to as Township 6 North (T6N)
and Range 5 West (R5W), respectively. The number 9 located immediately in front of the
township and range numbers is the section number. In our example, it is Section 9.
R5W
T6N
6
5
4
3
2
1
7
8
9
10
11
12
18
17
16
15
14
13
19
20
21
22
23
24
30
29
28
27
26
25
31
32
33
34
35
36
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-
Find Section 9 and imagine it enlarged as presented below.
ASectionofLand
(640
a
cres)
1mileby1mile
NW¼
NW¼
(40 Acres)
NE¼
NW¼
(40 Acres)
NE¼
(16
0Acres)
SW¼
NW¼
(40 Acres)
SE¼
NW¼
(40 Acres)
NW¼
NW¼
SW¼
(10
Acres)
NE¼
NW¼
SW¼
(10
Acres)
W½,
NE¼
SW¼
(20
Acres)
E½ NE¼
SW¼
(20
Acres)
W½
SE¼
(80 Acres)
N½, NE¼, SE¼
(20 Acres)
SW¼
NW¼
SW¼
(10
Acres)
SE¼
NW¼
SW¼
(10
Acres)
S½, NE¼, SE¼
(20 Acres)
N½, S½, SW¼ (40 Acres)
W½
SE¼
SE¼
(20
Acres)
2.
5
2.5
2.
5
2.
5
S½, S½, SW¼ (40 Acres)
5
5
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40
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When you read a legal description, start from
the
right and work
towards the
left. For example,
when looking at the examp
le legal description, start with the southwest quarter of Section 9 and
mark it off.
Section 9
SW¼
Next, find the northeast quarter of that same quarter, or the northeast quarter of the southwest
quarter.
Section 9
NE¼
SW¼
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-
Again,
find the southwest quarter of the new quarter you’ve established as shown below, or the
southwest quarter of the northeast quarter of the southwest quarter.
Section 9
SW¼
NE¼
SW¼
Finally, mark off the west half of the newest q
uarter that you’ve established and the location
should be located as shown below. Thus, we have located the west half of the southwest
quarter of the northeast quarter of the southwest quarter of Section 9 in Township 6 North,
Range 5 West.
Section 9
W½ SW¼ NE¼ SW ¼
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42
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The legal description
shows that the parcel is 5
acres, which corresponds with what we
calculated. Some legal descriptions
also will
include additional measu
rements
,
such as W150’,
N60’ or a descriptor like “part of.” In many cases, the land will not be portioned off as neatly and
you may be looking for a parcel that is 12.2 acres or 0.83 acres. In the case of lots, you will be
given a leg
al description that o
nly goes as
far as narrowing down the search to a neighborhood
or housing addition.
When developers buy land and partition it off, they usually create housing additions with names
such as Prairie Fields or Pine Ridge Point. Each addition is then divided i
nto lots. An example
would be that your house could be lot 24 of the Prairie Fields Addition. These lots must be
approved and recorded with the city, county or local municipality. Therefore, you will need to do
research with the county to find the lot and
block designation that corresponds to the current
property address.
An example plat map is shown on the following page.
The use of metes and bounds in a legal description involves measurements from a beginning
point, such that you could mark it off and cr
eate a geometric representation of the property
boundary. An example would be starting at the southwest corner of Main and Highland Street,
running south 150 feet, then running west 340 feet, then running north 150 feet and running
east 340 feet.”
Now, l
et’s get back to our example.
5
.00 Acres
The acreage will often be shown immediately following the legal description. For your
information, one acre is equal to 43,560 square feet of land or roughly 209 feet by 209 feet. In
metric units, one acre is equa
lto4,047squaremetersorroughly63metersby64meters.
Parcel #123
-
456
-
789
In many cases, a property will have a parcel number, which is used by the state or county as a
unique identifier. This number is important to know because it is easier to ask
the county
assessor for information knowing the parcel number.
You
also
will use this number to search for
property information at the county assessor’s office using their computer system, or using the
assessor’s online database if they have one.
1998
M
ost counties or states will indicate the year(s) the taxes are delinquent. In the case of our
example, taxes are delinquent for the year 1998.
Min Bid: $1040.00 Tax Due: $321.21
Be sure to read carefully the rules for bidding for the state and county. In
some cases, a total
amount will be shown; in other cases, a minimum bid will be shown along with the tax amount
due. Although you may only be required to bid the minimum amount, you still may have to pay
the winning bid amount plus the taxes due and proce
ssing fees.
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Step
3: Visit th e county assessor
One of the most important steps in evaluating a property is to visit or call the county assessor’s
office. From
our
experience, they are usually helpful and friendly. If you are only interested in
one or
two properties, a phone call is probably
fine
.Ifyouarereallyseriousaboutthistypeof
investing, plan on visiting the county assessor’s office and doing some research.
The assessor’s office will often have a real estate division or a person respons
ible for real
estate. Find out who that
person is. Take along
your list of properties that you
have
narrowed
down
and ask that person
to either show you how to look up informatio
nbyparcelnumber,or
have them
look up
the
properties for you.
In many cases
,thecountyassessorsdatabasewillbe
online. You may be able to do much of your research from your own computer.
Find out if the property has any improvements (e.g., a building, utilities, landscaping, curbs and
gutte
rs, etc.) or is just land. Also
f
ind out the assessor’s appraised value for both the land and
any improvements. Note the taxes due and how much you may be required to pay should you
take possession. If the property is located in a development, you may need to look up the
original develope
r’s lot description.
L
egal descriptions
are not street addresses
,butyouwill
often
be able to find a street address
through the county records. For your purposes a street address is the easiest method of finding
aproperty.
A
sk the assessor how you
can
obtain
need this to do your drive by and locate the property. A street map
also may
be helpful, and can
usually be
purchased
at a local gas station, drug store, or retail department store such as Wal
-
Mart.
Note:
The county assessor’s office is your friend. If you are wondering why a certain
development has many properties listed, ask around and you may just find out.
Step 4: Visit the property
Nothing tells the whole truth better than visiting a property. What
you thought was a nice
property might be
the next Hollywood backdrop for a horror film
:
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On the other hand, a lot that you thought was just another worthless developer’s mistake may
have a breathtaking view and could be considered a hidden gem. Locati
on is everything in real
estate.
Using the plat map or developer’s drawing that you obtained, mark off the location of each
property that you wish to see on the plat map. Next, obtain a county road map (a standard state
road map will not be detailed enoug
h). Again, ask the assessor’s office or the local department
of transportation for information. If you have online access, MapQuest
(
http://www.mapquest.com
)orYahoo!Maps(
htt
p://maps.yahoo.com
)canbeused.Ifyouhave
alaptop
computer
,youcanpurchaseMicrosoftStreetsandTrips
to help you locate properties
.
Also, be sure to download Google Earth for satellite views.
Finally, if your tax sale list has
addresses, you may b
eabletotakeadvantageofglobalpositioningsystemnavigation.
One other map of importance is the topographic map. A topographic map shows contour lines of
equal elevation, as well as other features like streams, rivers, lakes and some manmade
features
.Bylookingatthetopographicmapofthearea,youcanascertainthelayoftheland.
Closely spaced contour lines represent steep grades, while widely spaced contours depict
gentle slopes or nearly flat terrain.
TopoZone (
http://www.topozone.com
)has
U.S.
Geological Survey (USGS) topographic maps
for the entire United States that you can view online for free. TopoZone provides the following
USGS scales: 1:100,000, 1:63,360, 1:50,000, 1:30,000, 1:25,000, 1:24,000,
and 1:20,000. The
scales are unitless, meaning that 1 inch equals 100,000 inches or 1 centimeter equals 100,000
centimeters.
Let’s get back to visiting your selected properties. During the site visit or drive by, take note of
the following items:
x
Overh
ead utilities or lack thereof
x
Underground utilities or lack thereof
x
Property accessible or landlocked
x
Adjacent property conditions
x
Trees, vegetation, landscaping
x
Soil/subsurface conditions
sand, clay, shallow bedrock
x
Presence of disturbed areas or fill m
aterial
x
Dead or stressed vegetation
x
Discolored soil.
Be sure to drive around the area and note any major industries that might affect the real or
perceived value of the property. For example, a nearby landfill, power plant or heavy industrial
area could l
imit the value of the property for residential use.
Next, find similar properties for sale and call the owner or real estate agent/broker and find out
the cost and details. Ask him/her about the area and any problems. Ask about the schools,
crime, nearby
parks, malls and grocery stores.
Note:
When visiting a property that has a dwelling, remember that the current property
owner may still be living there. You will have to show some discretion and not trespass or
loiter in front of the property.
Here are s
ome checklists to help assist you with the drive by. These guides only serve as a
starting point. You will need to use your own judgment and evaluate properties based upon area
and the type of property.
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46
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Residential Properties
(Houses and Lots)
Parcel Nu
mber and Location
________________________________________
Tax Assessed Value
Descripti on
Value
Land
Improvements
Other
Total
Drive
-
By Checklist: Residential
Items of
Consideration
Excellent
Good
Fair
Poor
Unknown
Neighbors
Streets
Curbs/Gutters
Location
Fire Department
Near Hospital
Near Park
Near Police
School System
Landscaping
Roof
Exterior/Paint
Porch/Deck/Patio
Structure
Heating/Air
Electricity
Water
Sewer
Cable
Phone
Trash Service
Recreational Value
Property Access
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Competitive Market Analysis: Residential
Subject Land
Comparable 1
Comparable 2
Comparable 3
Location/Address
Area (square feet)
Bedrooms
Baths
Basement
Garage/Carport
Construction
Lot Size
Age
Listed Price
Selling Price
Remarks
Area Market Conditions:
Estimated Range of Value of Similar Properties:
Es
timated Value of Subject Property:
Drive
-
By Checklist: Land
Items of
Consideration
Excellent
Good
Fair
Poor
Unknown
Neighbors
Location
Fire Department
Nearby Town
Near Hospital
Near Police
School System
F
arm
ing
Potential
Mining/Oil Potential
Timber Potential
Natural Resources
Groundwater
Surface Water
Soil
Topography
Erosion
Electricity
Water
Sewer
Cable
Phone
Trash Service
Mineral Value
Recreational Value
Land Access
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Competitive Market Analysis: Land*
Subject Land
Comparable 1
Comparable 2
Comparable 3
Location/Address
Area (acres)
Lot Size
Resource Value
Listed Price
Selling Price
Remarks
Area Market Conditions:
Estimated Range of Value of Similar Properties:
Estimated Value of Subject Property:
* Market values for land are most easily determined by comparing price per area (usually in terms of
acreage
). Be sure to compare similar property types.
Lots in developed subdivisions will be worth mo
re
on a price per area basis tha
n large undeveloped tracks of land.
Drive
-
By Checklist: Commercial or Industrial
Items of
Consideration
Excellent
Good
Fair
Poor
Unknown
Business Neighbors
Location
Fire Department
Nearby Town
Near Hospital
Near Police
Deed Restrictions
Current Owner
Current Tenant(s)
Environmental
Asbestos
Mold
Soil Con
tamination
Stressed Vegetation
Groundwater
Contamination
Surface Water
Contamination
Underground
Storage Tanks
Above Ground
Storage Tanks
Chemicals Stored
Chemicals Used
Radioactive Signs
Groundwater
Surface Water
Soil
Topography
Erosion
Electricity
Water
Sewer
Cable
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Items of
Consideration
Excellent
Good
Fair
Poor
Unknown
Phone
Trash Service
Mineral Value
Commercial property is often evaluated using the income approach or the replacem
ent value
approach. It is often difficult to find comparable properties. You may need to speak with a
commercial real estate broker or professional appraiser if you are serious about investing in
commercial properties.
Step 5: Check for o ther liens or pro
blems
After you have narrowed your search to the properties or liens that are worthy of consideration,
be sure to visit the county clerk’s office
or recorder’s office
and ask to see a listing of liens on
the properties. Some counties make this process ver
yeasy.Itmayevenbecomputerizedso
that you can search by the property owner’s last name. Other counties are not as sophisticated
and you will have to look through books that list liens by either the property owner’s name or the
name of the individual
and/or company placing the liens.
Oftentimes, the computer system or
lien books will be divided into Grantors and Grantees. Be sure to check under both categories.
Why are you doing this?
If you are purchasing a t
ax lien, then you become a lien
holder
alo
ng
with the state or county.
You are looking for other liens, encumbrances or restrictions that you could be responsible for
paying, or that would limit the value of the property.
In most cases, mortgage liens and mechanic’s liens are erased or extingui
shed through the
process of tax foreclosure. The tax lien generally has superiority. New Mexico’s
and
Pennsylvania’s
state law
s
may not erase
mortgages and other
liens, so proceed with caution.
IRS liens are not
removed, but the
federal
government has only
120
days to redeem or
it
lose
s
its
rights to foreclosure.
County, state or local government assessments are usually not released, and therefore become
the deed holder’s responsibility. An example might be a mandatory assessment for a new sewer
line, dre
dging of a lakefront property, or any number of improvements that the local government
makes to the area.
In addition, be sure to check for deed restrictions on the land or property. In other words, find
out what can or cannot be done with the property.
If it is land, find out what type of improvement
(i.e., home or structure) can be built
or
cannot be built. If you are looking at commercial
property, find out how the property is zoned.
Finally, it is always a good idea, especially for tax deeds, to dete
rmine if the previous property
owner has filed for bankruptcy. Bankruptcy can slow the tax foreclosure process, leaving many
of the decisions to the court. You could become one of many creditors waiting in line.
Step 6: Check for last minute redemptions
One frustrating aspect to investing in tax liens and tax deeds is that property owners can pay
their property taxes as late as a few minutes before the auction, depending upon the state.
You
may
have dedicated a significant amount of time and research only
to find out that your property
of choice was redeemed.
Rogue Tax Sale Investor
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50
-
There is really nothing you can do about this except to plan on bidding on at least four to five
properties, knowing that three or four of these properties could be redeemed. For tax deed
auctions,
last minute redemptions are higher (roughly 40 to 50 percent will be redeemed)
because property owners are about to lose their house or land. For tax liens, the rate is lower
(roughly 20 percent).
If you can, make sure you review an updated listing of the
properties the day before the auction.
Some states/counties provide updated lists online. For others, you will just have to call or wait
until the auction starts.
Step 7: Attend the auction
With your wish list of properties in hand, it’s now “show time
.” You should plan on arriving about
30 minutes before the auction starts. This will allow you time to sign in, read the rules, and
check for property listings that have been redeemed (they may be listed on a
dry erase board or
elsewhere). The following
ph
oto
depicts the Travis County public tax deed auction, held at the
Travis County Courthouse in Austin, Texas:
In the case of tax liens and interest rate bids, set a minimum interest rate that you are willing to
receive and stick to it. In states like
A
rizona
,thewinningbidderwill
accept
the lowest interest
rate. Ev
en though the starting bid is 16
percent, the winning bidder may
accept only
5
or
6
percent
interest
.Thereasonforthisapproachcouldbethatthereisahighlikelihoodthatthe
property
will go to foreclosure and the winning bidder is betting on that. Otherwise, it would
make no sense to bid the interest rate
down to this level, especially considering all of the work
that goes in to preparations.
In Missouri, the winning bidde
r
at a tax
lien sale
pays the most for the property, so bidding will
proceed above the taxes owed
.
I
tisimportanttomakesurethaty
ou are buying the property at
adiscount,incaseitgoestoforeclosure.
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51
-
Note:
Set a maximum property bid or a minimum interest
rate bid ahead of time for each
property. Do not exceed your predetermined bid or you may regret it. Make your bid
reasonable in terms of making a decent return on your money for all of your effort, but also
realize that the very nature of auctions is not
in your favor. Auctions are designed to
encourage you to overspend. Be careful. Avoid the bidding frenzy.
The auction will start with a county or state official reading the rules. Pay close attention to
details, such as the bid increments or how much you
have to increase or decrease your bid. The
official may go over the recently redeemed properties or just note the redeemed properties as
the auction proceeds.
What will you see at an auction?
First, although the room may be full, only about 30 to 40 per
cent of those in attendance will
actually bid. That’s because many people come in pairs or in groups. Others come just to watch.
And others are in too much shock to actually bid.
We have noted a few different types of investors, which are described as fol
lows:
Big
-
Time Investors
At many auctions, you will notice individuals with deep pockets. They probably represent many
other investors, a bank, or a large institution. In the case of tax liens, these individuals will bid
down to a certain interest rate o
ruptoapredeterminedvalue.InstateslikeArizonawherethe
interest rate is bid down, these investors will set a predetermined mark and not go below it. That
mark may be 6 percent (as in one recent sale) or it could be as low as 1 percent. In most cas
es,
these big
-
time investors are looking to buy up as many liens as possible, hoping for decent
overall yield or a few properties that are not redeemed. In the case of bidding property values
up, they may even have hired local real estate agents to tell th
em what property will sell for.
Answer to big
-
time investors:
Avoid highly populated counties near large cities.
Look t
o
purchase outside of the popular areas, where the big
-
time investors may not have done their
homework. If you have done your due dilig
ence and you find properties that are valuable
and could likely go to foreclosure, bid down to zero in certain cases.
Local Investors
Every auction brings out a group of individuals who live or work near property being auctioned.
They are very familiar
with the area, and know what is valuable and what is not valuable, at
least from a local perspective. Local investors will usually come to bid on a select group of
properties, if not one or two properties. Usually they are not as concerned about interest r
ates
as they are about acquiring land or nearby property.
Answer to local investors:
You may get in
to
abiddingwarononeortwoproperties,sobe
prepared with multiple properties or liens. In other words, diversify and don’t fall in love with
only one
property.
L
ocals will
often
have limited investment capital to work with.
High
-
Return Investors
High
-
return investors are
not as con
cerned about interest rates as they are
about acquiring
property. High
-
return investors will perform research and select
agroupofpropertiesthatare
valuable and that could likely go to foreclosure. In the case of tax deeds, the properties are
already in foreclosure, so these investors are looking for marketable properties in either great
locations or with features that a
re unique enough
to make them easy to sell. High
-
return
Rogue Tax Sale Investor
-
52
-
investors must do a lot more homework to determine market values as well as to avoid risk from
unforeseen expenses.
Answer to high
-
return investors:
Most high
-
return investors will have a limited bud
get. Be
pati
ent and wait until the middle to the
end of the sale if necessary. Some properties will slip
through the cracks or, because of othe
rcircumstances,high
-
return investors may miss a
bid. Also, be sure to diversify. This group of investors can on
ly research a limited number of
properties. They may have focused on a few areas of the county because of lack of time.
These investor types are a generalization. There will be many different individuals with varying
strategies attending the auctions. Som
ebidderswillimmediatelyannoyyou.Otherbidderswill
show their hand very quickly. At least a few bidders will try to cheat, but usually the auctioneer
Take notes. This is excellent classroom training. No
te any properties that do not receive a bid.
Another strategy is to not even plan on bidding during the auction, and to research the leftovers
for any gems that slipped through. We have found some valuable properties this way.
Step 8: Purchase the deed or
lien
If you are the winning bidder on a parcel, you will need to be prepared to pay the full bid amount
for the deed or lien plus any fees and outstanding taxes (refer to Chapter 9 for specific state and
county details). County or state officials will ex
plain what you need to do. Some states may
require that you sign an affidavit stating that you are not delinquent on any property taxes.
You will then receive a certificate of purchase
if it’s a tax lien sale
.
(The following page shows an
example of a ta
xliencertificateissuedafterataxsalein
Clay County,
Missouri.)
If its a
tax
deed
sale
,youstillmayhavetowaituntilagraceperiodhaspassed(e.g.,30days)beforeyou
are issued a
d
eed.
Step 9: Manage your liens and deeds
In the case of ta
xliens,youwillholdontoyourcertificateofpurchaseuntilitisredeemedbythe
property owner. To maintain your lien status, be prepared to pay subsequent years’ taxes.
When your lien is redeemed, the county will provide you with a check for what yo
upaidplus
interest, and sometimes minus a small processing fee.
If the property you hold the lien to is not redeemed during the redemption period, you will then
apply for a
deed
.Afinalnoticemustusuallybesenttothepropertyownerallowinghim/her
a
certain amount of time (e.g., 90 days)
to redeem
.Callthecountyandfindouttherules
necessary to manage your liens or deeds. For example, you may need to
show
that there are
no other liens on the property.
Many county rules are very strict and yo
uwillneedtoabidebythem.Dontmissoutonthe
payoff because of lack of planning or management. Keep track of all of your liens or deeds and
the dates to remember.
When a lien is not redeemed during the redemption period, you will likely want to co
ntact a local
attorney. He/she can make sure that all procedures are followed for foreclosure, such as
notification, clearing the title, eviction or other issues. You may be able to do some of this
yourself, but it is best to have it done correctly until y
ou are intimately familiar with the local
process.
Rogue Tax Sale Investor
-
53
-
Rogue Tax Sale Investor
-
54
-
For deeds, after any grace periods are over you own the deed, but it is generally not free and
clear until a regulatory period has passed. For example, in California there is
a
one
-
year period
duri
ng which an interested party (e.g., a previous owner) can challenge the sale. Most states
and counties recommend that no major expenditures be done on the property during this period,
in case the sale is overturned. This does not prevent you from using the
property, renting it,
leasing it with an option to buy, owner financing it or employing many other strategies. It does
result in the title not being free and clear during this period.
Again, it always best to consult with a local attorney on any legal st
rategies if you have any
questions.
Finally, don’t forget to obtain property insurance immediately upon receiving the deed.
Step 10: Sell
If you haven’t already, consult the selling strategies in
Rogue Real Estate Investor
.Thisisreal
estate you now
own, just like your house, rental home, cabin on the lake, or any other type of
real property. A few simple selling strategies can pay off handsomely.
Rogue Tax Sale Investor
-
55
-
EIGHT
Answers to So me of Your
Tax Lien/Tax Deed Questions
“Great things are not done by i
mpulse, but by a series of
small things brought together.”
Vincent van Gogh
To find answers to your tax
sale
investing questions, you will need to
become
familiar with the
counties or municipalities where you are going to purchase tax lien certificate
sortaxdeeds.For
example, you will need to know where the tax lien sales are held, how much money you may
need, if the county will take checks,
and
if you need to pre
-
register. Chapter 9
provides
specific
information
on tax sales for
each state, as well
as
for
many of the counties. In the meantime,
here are the answers to some of the
most commonly asked questions of
tax
sale
investors.
Frequently A sked Questions
Question 1:
Can anyone buy tax lien certificates?
Answer:
Yes, if you have the money yo
ucanbuythecertificate.Thereareafewexceptionsto
this rule. In many states, if you live in the same state where you are bidding, your own property
taxes must be paid in full before you can bid on other properties. In some cases, especially at
tax d
eed sales, large institutions may be the first allowed bidders.
And
finally
,somestates
require the bidder to have a social security number or federal tax I.D. number.
Question 2:
Will I get ownership of the property?
Answer:
When you are buying tax lie
ncertificates,lessthan
five
percent of all delinquent
property owners foreclose. So it is rare that you will need to foreclose on a tax lien certificate.
However, if you are buying a tax deed, you will be taking possession of the property and you will
g
et ownership of the property.
Question 3:
Is there a limit on the number of tax lien certificates I can buy?
Answer:
I
nmostcasesyoucanbuyasmany
certificates
as you can afford. There are a few
counties that set limits, but those are rare.
Questio
n4:
After I buy a tax lien certificate, when do I get my money back plus interest?
Answer:
You will get your money back when the delinquent property owner pays his/her back
taxes. This could take a month or several years.
If the owner does not pay the ba
ck taxes within
Rogue Tax Sale Investor
-
56
-
the redemption period
,youwillnotgetyourmoneybackuntilyouforecloseontheproperty,and
then yo
uwillgettheproperty(versus
your
investment plus interest)
.Theaveragetimetoget
your money back is around six months to a year.
Once the property owner realizes that the
clock is ticking and the final bill is growing, something usually happens. After the property owner
pays the taxes and penalties owed, you will get
a
check from the county
after
you send your tax
lien certificate b
ack. This is called redeeming your tax lien certificate.
Question 5:
What do I do with the tax lien certificate?
Answer:
Put it in a safe deposit box or somewhere else safe. If you lose your certificate, it can
be a h
assle to get a new one. You would
nee
dtoverifysomeinformationtoproveyouarethe
owner of the certificate. It is better to make sure you do not lose it.
Question 6:
What if I want to own property?
Answer:
If your goal is to ta
ke property ownership, attend tax deed sales
.Lessthan
f
ive
percent of all tax lien certificates eventually lead to foreclosure.
Question 7:
What happens if the delinquent taxpayer does not pay
the back taxes owed on the
certificate I hold,
and a year goes by?
Answer:
You can purchase another tax lien certifi
cate on the
same
property the next year if you
can pay the back taxes due. Otherwise, another bidder can purchase a tax lien certif
icate on
that
property.
In some states,
your tax lien would then be redeemed by the new tax lien investor.
If foreclosure
wer
eto
occur,
you would both be owners of the property
.
Question 8:
Can someone else bid for you at the auction?
Answer:
It depends on the state. In some states, you can have someone else act as an agent
for you and bid on properties. In other states, you
must be there in person to bid.
Question 9:
Can I buy tax lien certificates without going to the auction?
Answer:
In many states you can. Tax lien certificates that are not sold at
the public
auction can
often be purchased by mail
(these are normally ca
lled “over
-
the
-
counter” or “negotiated” sales
lists)
.Bealittlecarefuldoingthis,especiallyifyouveneverseentheproperty.
There are also
some counties that are
conducting
online auction
s
.Bid4Assets(
http
://www.bid4assets.com
)is
one company that handles
online
tax sales for counties.
Question 10:
Can I transfer
a
tax lien certificate to someone else?
Answer:
I
nmoststatesyoucantransfer
ataxlien
certificate to anyone you want. There may be
asmal
lfeeinvolved.
The process is called assignment.
Question 11:
What is the best type of property to bid on?
Answer:
In most cases, especially for beginners, it is best to bid on residential property
,
whether it is improved or unimproved.
Improved land (e
.g., with a house or structure on it) has
less risk than u
nimproved land (vacant land)
.Thelatterismorerisky,
especially in terms of
marketability. Commercial property has more risk than residential property and should only be
considered by experienced
investors.
If you are interested in income from the property, then
improved land
(e.g., with a house you can rent) is your best bet
;however,thecompetitionfor
impro
ved land is usually more fierce and there will be fewer of these properties available.
Rogue Tax Sale Investor
-
57
-
Question 12:
Can you lose money buying tax lien certificates?
Answer:
Investing in tax lien certificates is extremely safe. Government entities (
e.g.,
counties
,
municipalities
)handlethesalesandliensarebackedbyrealestate,whichhasbeenrelativel
y
stable in the United States. However, there are
afew
scena
rios where you could lose money.
Here are two examples:
You purchase a tax lien certificate during an auction and the interest rate gets bid down to a
very low amount. Then
the owner of the prop
erty pays their back taxes very quickly and the tax
lien certificate gets redeemed in less than a month after the auction. When you combine the
fees you paid to buy the certificate and travel costs, you could lose some money. You can avoid
this problem if
you do not get involved in a bidding war. If there are a lot of bidders, go to
another sale or wait until the sale is about over and
most people have
gone home. You can also
go to a county
where there is less competition. Another alternative is to buy tax
lien certificates
over the counter, where you will not have any competition.
You did not do your homework and
the property you purchased the tax deed to
has
environmental problems. This situation can be avoided if you focus on residential properties and
make sure you drive by the property before you bid. Many states do not want you to have a bad
experience, so they will often tell you if a property could have problems.
If you are the tax lien
certificate holder for this property, in most cases you will no
thavetoforecloseonthepropertyif
the owner
doesn’t redeem the back taxes.
You
may
simply let the lien expire (you would lose
your original investment, however).
Question 13:
From what I can tell, Fair Market Value (FMV) is
determined by the county
tax
assessor’s
office and
provided for each property
in the tax sale list. Is the FMV just the value
that it should get on the open market, or are any existing liens/mortgages deducted?
Answer:
Fair Market Value is the tax assessor’s determination of wh
at a property is worth.
Depending on how often the appraiser updates the FMV
and how advanced the appraisal
department is, the FMV may or may not represent true value. For example, a house that has
gone into disrepair because of the owner’s neglect could b
eworthless.Ontheotherhand,we
have seen properties that would fetch a much higher price than what the county appraised it at.
It’s a good starting point, but you should do your own research and verify the number. FMV has
nothing to do with mortgages
or liens.
Question 14:
What happens to the original mortgage on the home when you foreclose on it?
Answer:
The mortgage company is like an owner of the property. They receive notification of
the taxes due, and can redeem the taxes to avoid foreclosure.
If the property goes through tax
foreclo
sure (i.e., to deed), you own the property. However, in some states there is a legal period
following foreclosure
during
which the previous owner
(or
mortgage company, lien holder, etc.
)
can
challenge the sale.
Other
wise, tax foreclosure wipes out the mortgage and most
other liens,
except
federal
IRS
liens and
county
or city
assessments. In New Mexico, mortgage liens may
not be extinguished.
In Pennsylvania,
m
ortgage liens
are not extinguished on properties sold at
th
eUpsetPriceSale.PropertiesnotsoldattheUpsetPriceSaleareauctionedagain,freeand
cl
ear of liens (including the mor
tgage), at the Judicial Sale.
Question 15:
Will I be able to rent property during the period in which the deed sale can be
legal
ly challenged?
Rogue Tax Sale Investor
-
58
-
Answer:
Yes, you will be able to rent the property as long as you are the legal deed holder.
Question 16:
When can I start the eviction process if the owner does not leave the property?
Answer:
Once you have your deed in hand
and
it ha
sbeenrecordedwiththec
ounty
,youcan
start the eviction process.
Check with the sheriff’s office for more details.
Question 17:
How can I find out how many bedrooms
and
bathrooms the house has or what
the square footage is?
Answer:
This information
is available from the county assessor’s office. The assessor has to
base real estate taxes on the value of the house, which includes
the
number of bedrooms,
square footage, etc. Where we live the county sends out an annual tax appraisal with all of that
in
formation, including comparisons to other properties.
Question 18:
Once
Iget
the deed to the property, will I be able to tak
e
out a loan on that house,
or will
Ihavetoclear
the
title
first
?
Answer:
You generally will need to clear title before yo
uc
an take out a loan.
If there is a legal
challenge period following foreclosure, during which the previous owner or other interested party
can challenge the tax sale, you will normally have to wait for that period to expire before you can
clear title. In Ca
lifornia
,forexample,
the legal challenge period is one year; in Arkansas it is two
years.
Usually counties/states advise that you not make any major improvem
ents to the
property during this
time period.
Question 19:
What is the bidding process
at
tax li
en sales?
Answer:
In some states you
will be bidding the interest rate down (e.g., Illinois, Arizona). The
person willing to accept the lowest interest rate is the winning bidder. In other states (e.g.,
Missouri), bidding begins at the minimum bid set, a
nd the price is bid up. The winning bidder is
willing to pay the most amount
.
These two procedures are combined in New Jersey, where
premium bidding (bidding a minimum bid up) begins once the interest rate reaches zero
percent.
Nebraska has
aroundrobinp
rocedure in which the properties are offered to everyone
in turn, and
the bidder can
either accept a property as it comes up or decline it.
Question 20:
Which state has the shortest time period during which owners can redeem their
property?
Answer:
In Ne
vada, the redemption period for tax liens is
120 days for vacant land, but two
years for improved land. Maryland, another tax lien state, has a redemption period that
begins
at
six
months; an
dinWashingtonD.C.,theredemptionperiodfortaxliensis
also
six
months.
There are several tax lien state
swhoseredemptionperiodsareone
year (see table in Chapter 4
titled “Tax Lien Certificate States”).
Texas
,ataxdeedstatewitharightofredemption,
has a six
-
month redemption period for most properties.
Question 21:
We are interested in tax deed sales, but only have so much money to invest. We
do not want to wait a year or two to see if an owner is going to
challenge the sale
.Wewere
thinking that if we bought property over the counter from last year's
sale, then a year of the
waiting period has already passed, right?
Answer:
Over
-
the
-
counter
tax deed
sales in some states still require the same waiting period
even if the property was not sold at the
public auction
.Inotherwords,the
legal challenge pe
riod
does not start until you buy the deed (e.g., Arkansas).
Rogue Tax Sale Investor
-
59
-
Question 2
2
:
Does the tax lien certificate take precedence over the first mortgage?
Answer:
Yes
(except in some states like New Mexico and Pennsylvania)
.
Question 2
3
:
How can I
find out about
any additional pre
-
existing liens against a
tax
-
defaulted
property subject to the power of
sale by the county?
Does it usually cost money to do a "lien
search"?
Answer:
You can usually conduct a lien search at the county for free. The information is part
of
the public record and therefore has to be made available. Visit the county clerk’s office and ask
to see their recorded liens on real property. Every county is a little different. Some will have
computerized information, while others will provide the i
nformation in large legal binders.
Question 24
:
Are tax liens available in Canada?
Answer:
Tax liens are not offered to investors in Canada.
Canada
offers
tax
deed sales. Most
sales are conducted by
the most populated municipalities of the various provi
nces. In a province
like Alberta, search for information on, for example, the municipalities of Lethbridge and
Edmonton.
Question 2
5
:
Do properties usually
get
bid up to
retail
levels
in California, where I live
?
Answer:
In densely populated counties in
California, p
roperties are
sometimes
bid up to full
retail
value
.Wecan'tunderstandwhy,butifthat'sthecaseyouarebetterofffindingaless
populated area or even bidding in another state. Also, don't forget that you can buy foreclosed
properties
through banks, mortgage companies,
and several federal agencies (e.g., Veterans
Affairs, Housing and Urban Development, Internal Revenue Service).
Question 2
6
:
What if there are three or four properties that you are interested in, but
you
can
afford only
one or two? If the
ones that you are less intere
sted in come up for bid first, s
hould
you hold out and wait to bid on the prime property, or bid
on
the first
property
that comes up?
Answer:
We usually prioritize all the properties we are interested in. S
ometimes it can be a
difficult dilemma. One secret that we have noticed is that the bidding is usually more competitive
toward the beginning of an auction and it tails off a little later in the sale. You may have a better
chance later in the auction than a
tthebeginning.Ofcourse,youneverknowwhattypeof
excitement a particular property will create. You may have to make this judgment on a case
-
by
-
case basis.
Question 2
7
:
What should the title search include?
Answer:
You will want to find out about a
ll liens or any other encumbrances that are on a
property. Tax liens take precedence over mortgage liens
(except in some states like New
Mexico and Pennsylvania)
,mechanicsliensandmanyothers.Taxliensdonottake
precedence over
federal
IRS liens or
special county or government assessments. It is also a
good idea to check and see if the
property owner
has filed for bankruptcy.
Question 28
:
As a non
-
U.S. resident (I live in Australia), would I be able to purchase U.S.
government tax lien certificates?
Answer:
Buying tax liens or tax deeds in the U.S. often requires a social security number or a
federal tax I.D. number. One way for nonresidents to work around this is to start a small
business, such as a limited liability company (LLC) and receive a fe
deral tax I.D. number.
Another method is to obtain an Individual Taxpayer Identification Number (ITIN). According to
Rogue Tax Sale Investor
-
60
-
the U.S. Internal Revenue Service, federal law requires individuals with U.S. income, regardless
of immigration status, to pay U.S. taxes.
The ITIN, a nine
-
digit number that begins with the
number 9, was created for use on tax returns for those taxpayers who do not qualify for a social
security number. The IRS has issued 7 million ITINs since 1996.
For more information, visit
http://www.irs.gov/newsroom/article/0,,id=112728,00.html
.
Any nonresident or U.S. resident alien who is required to file taxes or who can be claimed as an
exemption or dependent on a tax return, a
nd who does not qualify for a social security number,
can apply for an ITIN. See Publication 501, “Exemptions, Standard Deduction and Filing
Information for Exemption Tests” and Publication 519, “U.S. Tax Guide for Aliens” to determine
resident status.
Y
ou do not need an ITIN if:
x
you are a U.S. citizen,
x
you were born in the U.S. and do not have diplomatic immunity,
x
you have entered the U.S. on a work VISA, or
x
you are entitled to a federally funded benefit (stipend/fellowship/grant).
You are eligibl
eforanITINif:
x
you have entered the U.S. on a non
-
work VISA,
x
you were born in the U.S. and have diplomatic immunity,
x
you have applied for and were denied a social security number, or
x
you are an undocumented alien.
You can obtain ITIN application fo
rms, W
-
7/W
-
7SP, through IRS offices worldwide:
x
1
-
800
-
TAX
-
FORM (1
-
800
-
829
-
3676)
x
http://www.irs.gov
x
Tax Fax Service at 1
-
703
-
368
-
9694
x
IRS kiosks.
Submit your ITIN forms and supporting documentation to:
x
IRS Taxpayer
Assistance Centers (TACS),
x
certain U.S. consular offices abroad,
x
aCertifiedAcceptanceAgent,or
x
mail to:
PSPC ITIN Unit
P.O. Box 447
Bensalem, PA 19020
DP N
-
280
For ITIN Frequently Asked Questions, visit:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
.
Download Form W
-
7, Application for IRS ITIN
(see below)
,at
http://www.irs.gov/pub/irs
-
pdf/fw7.pdf
.
Rogue Tax Sale Investor
-
61
-
Question 29
:
Iwouldliketolearnmoreaboutonlinetaxdeedauctions.
Answer:
Most tax deed auctions are not online. You have to physically go to the county or
location of the auction. What we sometimes recommend is to avoid the battles at the auct
ion
and call your local county assessor's office and ask if they have any properties for sale by
closed bid or through what is called "over
-
the
-
counter" or "negotiated” sales lists.
You can
usually spend more time researching these properties and feel more
comfortable about your
bid. Many of these properties will not be desirable, but every now and then a gem or two will slip
through.
Several counties in California, Florida, Arizona and a few other states
are starting to offer tax
deeds online. Visit
Bid4A
ssets, a company that conducts online auctions
for many counties
,at
http://www.bid4assets.com
to find out more information.
You can also look at the county profiles
for these (and other) states in Chapter 9 to fi
nd out about their online auctions.
Q
uestion 30
:
With regards to Texas, your book seems to indicate that it is not a tax lien state,
but rather a tax deed state. However, I'm confused as to how one can earn 25% in six months
by buying tax deeds. Please cl
arify.
Answer:
Texas has a unique process. It is a tax deed state, but
counties
st
ill offer a redemption
period (two
years for homestead
and agricultural property, and six
months for other property).
If
the owner redeem
s
his/her property within this time
period,
the investor receives a flat 25
percent
interest rate, which is in some ways similar to a tax lien certificate. However, if the
property is not redeemed, the investor keeps the deed.
Rogue Tax Sale Investor
-
62
-
Georgia has a similar process. The investor receives a deed with
a
right of redemption for
one
year. If the property is redeemed, the investor earns
aflat
20% on their investment; otherwise,
the investor keeps the property.
Question 31
:
IcontactedmylocalCityHallandnooneseemstoknowanythingabouttax
sales.
Answer:
Sometimes it is frustrating trying to find the right person to contact at
amunicipalityor
county
.Wehavecalledmanytimesandhadto
go through
several people before finding
the
right person with information
about tax liens or tax deeds. You
just need to be persistent and
find someone in the
treasurer’s or
tax
collector’s office who deals with real estate.
It is also
important to speak the same language. For example, some states use the term “tax lien
certificates” while others use the term “c
ertificates of purchase.” The county profiles in Chapter 9
can help you here.
Question 32
:
What is a legal challenge period?
Does
this
mean we cannot
improve or
sell the
property right away?
What happens if the previous owner
successfully
challenges the s
ale? Do
we lose the investment and property?
Answer:
Some
tax deed states have a legal period
following
the sale
during which the previous
owner or other interested party can challenge the sale
.
For example, in California the legal
challenge period is on
eyear,andinArkansasitistwoyears.
Challenging the sale is usually not
an easy matter. Remember
,theownerandlien
holders
were provided numerous notices prior to
the sale
.Thislegalperiodisaprotectionmechanism.Itwasdesignedtopreventmisha
ps, such
as improper or no notification by the county,
one separated spouse defaulting on a property
without t
he other knowing about it, or an
individual who is in the military and out of the country
defaulting on a property. A sale can also be challenged
if it is not conducted properly and in
accordance with state law.
The legal challenge period
does not stop you from renting the property, leasing it with an option
to buy, selling it by owner financing, or employing many other strategies.
Actually, you ca
nstill
sell the property
to anyone who doesn’t require clear title. Usually the sticking point is the
mortgage company of the buyer.
C
ounties/states advise that you not make any major
improvem
ents to the property during the legal challenge period
.
In the
event that a sale is successfully challenged, you will be reimbursed by the county. You
also can fight the challenge, and you
may have as good of a chance at
winning as the
challenging party. Legal advice is necessary at this point.
Question 3
3
:
If I buy
aproperty,investsomeofmy
own
money in fixing it up and
then resell it,
what are the tax implications?
What can I deduct for
my expenses
my
time, paint
,advertising,
traveling, etc.? Is rental income taxed?
Answer:
You can deduct any expense that
you incur as a result of owning and operating rental
property. You will need to read up on this and consult an accountant. Basically, you can deduct
mileage (there are two different ways),
as well as
r
epairs and improvements (t
hese are
different
according
to the IRS).
Cleaning, marketing, office supplies, and books related to your business
can be deducted.
We
recommend getting a tax book and reading up on the real estate portion.
Rental income is taxable income. However, you can deduct mortgage interest, i
nsurance and
depreciation to offset the income.
Your time is not really deductible unless you set
up a separate
company and have that company bill you (this is a little tricky
,
so consult an expert).
When you
sell
the property
,youwillhavetoconsiderap
preciation of the property, which is taxed as a
capital gain
,
and depreciation recovery, which is taxed at your normal income tax rate.
Rogue Tax Sale Investor
-
63
-
Question 3
4
:
How and when is the interest applied to tax liens?
Answer:
T
he interest is applied annually
in most tax l
ien states
.
Texas and Georgia
(tax deed
states with a right of redemption)
have a flat interest rate of 25
percent and 20 percent,
respectively. In the case of
these
two
states, the investor receives
the full interest
rate
even if
the property taxes are
re
deemed in one month. Some states
apply a minimum interest rate
(e.g., between 2 and 5 percent) t
oprotectinvestors
in cases where the taxes are redeemed
right away (e.g., two weeks after the sale).
Question 3
5
:
Iam
considering
buying
a
tax
lien certifi
cate (to earn approximately 16 percent
per
year interest) from the county afte
rtheauctioniscompleted.The
sales
list
shows
single
homes that did not pay tax
es for
one or two
years.
Should I
only
buy
a
lien certificate for
a
house
that is
one
year late
on its taxes
?
Answer:
If you are only looking
to earn interest
,thenonestrategyistoavoidtheoldtaxliens
because those properties may go to deed. Properties with only one year’s back taxes
are much
more likely to
be
redeem
ed, in which case you will
earn your interest.
On the other hand,
if you are hoping the property will
go to deed,
a
strategy
to
use is to look for
properties that have been delinquent more than one year
in order to reduce the redemption
For example, i
nArizona
we bid on a few properties
that were
delinquent for
over
one
year, so instead of
having to wait the full three
-
year
redemption period
,weonlyhave
to wait two years
.InMissouri,propertiesareclassifiedbyhow
long they have been
delinquent, which determines the redemption period. We
recently
bid on
several lots that had been delinquent for more than two years. We will only
have to
wait
the
shorter
90
-
day redemption period for these properties
,ratherthan
afull
year. Remember, i
fyou
are looking to acquire properties in this manner, it will require more work in terms of research
and act
ually looking at the properties.
Question 36
:
Why is
Georgia
an
especial
ly hard
tax lien state to invest in?
Answer:
In Georgia, you purchase a
t
ax deed and the owner has a one
-
year right of
redemption period
(similar to a tax lien certificate)
.Theinterestisa
flat
fee of 20 percent,
regardless of whether the owner redeems in
1
month or 12 months. If the owner does not
redeem, then you must in
itiate foreclosure. It is important to
obtain
the county’s procedures
for
foreclosure
and follow them strictly. It may even be a good idea to hire an attorney to help you
with the first one. You need to make sure that there are no IRS liens, special county
assessments, deed restrictions, or other fees.
Question 3
7
:
In California, what liens are we responsible for after purchasing a tax deed?
Answer:
Here
is the California information that pertains to your question:
Do liens or encumbrances on Tax Sale
properties transfer to the new owner through a Tax sale
property purchase?
Chapter 7, Section 3712 of the California Rev
enue and Taxation Code
states:
The deed conveys title to the purchaser free of all encumbrances of any kind existing
before the sale, ex
cept:
a)
Any lien for installments of taxes and special assessments, which installments will
become payable upon the secured roll after the time of sale.
b)
The lien for taxes or assessments or other rights of any taxing agency
that
does not
consent to the sale
under this chapter.
c)
Liens for special assessments levied upon the property conveyed which were, at the
time of the sale under this chapter, not included in the amount necessary to redeem the
Rogue Tax Sale Investor
-
64
-
tax
-
defaulted property, and, where a taxing agency
that
collects
its own taxes has
consented to the sale under this chapter, not included in the amount required to redeem
from sale to the taxing agency.
d)
Easements constituting servitude upon or burdens to the property; water rights, the
record title to which is held sep
arately from the title to the property; and restrictions of
record.
e)
Unaccepted, recorded, irrevocable offers of dedication of the property to the public or a
public entity for a public purpose, and recorded options of any taxing agency to purchase
the prop
erty or any interest therein for a public purpose.
f)
Unpaid assessments under the Improvement Bond Act of 1915 (Division 10
[commencing with Section 8500] of the Streets and Highways Code)
that
are not
satisfied as a result of the sale proceeds being applied
pursuant to Chapter 1.3
(commencing with Section 4671) Part 8
,orthatarebeingcollectedthrougha
foreclos
ure
action pursuant to Part 14 (
commencing with Section 8830)
of Division 10 of the Streets
and Highways Code. A sale pursuant to
this chapter sha
ll not nullify, eliminate, or reduce
the amount of a
foreclosure judgment pursuant to Part 14 (commencing with Section
8830) of Division 10 of the Streets and Highways Code.
g)
Any federal Internal Revenue Service liens
that
,pursuanttoprovisionsoffederal
law,
are not discharged by the sale, even though the tax collector has provided proper notice
to the Internal Re
venue Service before that date.
h)
Unpaid special taxes under the Mello
-
Roos Community Facilities Act of 1982 (Chapter
2.5 [commencing with Sectio
n53311]ofPart1ofDivision2ofTitle5oftheGovernment
Code) that are not satisfied as a result of the sale proceeds being applied pursuant to
Chapter 1.3 (commencing
with Section 4671) of Part 8
,orthatare
being collected
through a foreclosure ac
tion pursuant to Section
53356.1 of the Government Code. A
sale pursuant to this chapter shall
not nullify, eliminate, or reduce the amount of a
foreclosure
judgment pursuant to Section 53356.1 of the Government Code.
Atitlesearchinitiated
at the prosp
ective purchaser’s
expense should reveal any liens or
encumbrances on a property in the tax sale.
Question 38
:
Investing in a state you don’t live in
seems to b
equiteachallenge.
Are there
ways to invest without traveling?
Answer:
Some states offer “ov
er
-
the
-
counter” sales, which would allow you to purchase liens or
deeds through the mail. These are liens/deeds that were not purchased at the public auction.
Try picking up some over
-
the
-
counter lists near where you live and see what is available.
There
a
re also a few counties in some states that conduct online auctions.
Finally, y
ou can use a tax lien agent or company to help you
invest
.Rightnow,therearenot
many companies
that
will do this.
Question 39:
If you are only investing in residential pro
perty liens, the l
ow dollar amount
presents a problem.
What kind of tax lien investing can you do that involves higher dollar
amounts, like
$
25,000?
Answer:
You can
employ
afewdifferentstrategies.
Focus on obtaining liens that are likely to
go to deed
,
or concentrate on tax deed states. That way you can pick
up properties like we do
for
50 to 75
percent
below market value.
As far as tax liens
go
,youwillneedtomakesurethatyoucanbuyenoughpropertiestomakeit
worth you
r
while. There are li
ens at many sales that are in the $10,000 to $30,000 range, even
for residential properties.
We
have seen commercial liens for over $500,000, but
buying those
Rogue Tax Sale Investor
-
65
-
involves a little more risk. You can either buy many liens or focus on picking up the more
expens
ive ones.
Question 4
0
:
The counties warn that the IRS has the option of redeeming a property in which
they have a recorded lien up to 120 days after the sale at the auction. Is this a lien that would be
found when searching the records of the particular
property, or is it an unkn
own until the 120
days run out? Also, if the IRS
can redeem the property, does that mean the purchaser loses
their money?
Answer:
Federal
IRS
tax
liens will be recorded with the
c
ounty.
The lien
will appear during a
simple title
search that you can perform yourself at the courthouse or
,
in some counties
,
using
an online database.
Afederalt
ax
l
ien will appear with an
yotherliensontheproperty.
Agood
way to determine if you are looking in the right place is to make sure you ca
nfindthetaxlien
associated with the property.
Any property in a tax sale will ha
ve a tax lien on the property.
If
you can find the record of the tax lien
,
the
nanyotherliensshouldberecordedinthesamearea.
Most counties will be happy to assist y
ou in your search for outstanding liens on the property
.
We
recommend avoiding any properties with IRS liens. However, you should know that the
government has 120 days to redeem or pay off the tax lien to maintain their interest in the
property.
If that o
ccurred,
you would receive
the amount paid for the property
,
plus any interest
at 6 percent per annum from the date of the sale, plus expenses of
the
sale that exceed any
income received from the property
.
Advice from a real estate and/or tax attorney wo
uld be important.
Here is some information from
the IRS:
http://www.irs.gov/businesses/
small/article/0,,id=108339,00.html#Notice
and
http://www.irs.gov/pub/irs
-
pdf/p783.pdf
.
Question 41
:
At a seminar
Iattended
recently,
the
ability to roll
a401
(
k
)
into a tax lien
investment and still r
etain the tax
-
deferred status
was mentioned
.
Any idea how that is done?
Answer:
You cannot roll
over a 401
(
k
)
that you are currently participating in with an employer.
However, y
ou can roll over a 401(k) fro
mapreviousemployerintoaself
-
directed IRA
or solo
401(k)
and invest in tax liens, tax deeds, real estate, mortgage notes and any
other
type of real
estate. A few restrictions apply. You will need to contact a company that actually sets up true
self
-
di
rected IRAs. For a list
of these companies
,
see Chapter 12
of
Rogue Real Estate Investor
.
Y
ou
also
can
roll
over an IRA
(traditional or Roth) to a true self
-
directed IRA. Be aware that you
will have more freedom, but the fees will be higher and unless you
set
up an LLC to work with
your IRA, you will not have enough flexi
bility to make quick purchases. Visit
http://www.selfdirectediraaccounts.com
for more information.
Question 42
:
In
Polk County, Iow
a
,i
sthe"
Real Estate Regular Sale" a sale of tax liens
that
did
not get purchased
at the
public
auction, or
is this a
tax deed sale?
Answer:
The real estate regular sale
,whichisheldonthethirdMondayinJune,
is the
sale of
new tax lien properties.
Immediately following
that sale, the real estate public bidder sale is
held. This is the sale of
properties
lef
toverfromlastyear'srealestateregular
sale.
On the same
day a
fter those two sales,
the county also conducts
mobile home regular and mobile
home
public bidder sales.
Finally, the
county
conducts an
adjourned tax
lien sale on that day.
This is a
smaller list of liens that have been held over or suspended for some reason and brought back
up for sale.
The
property lists are
advertised in May.
Q
uestion 43
:
Iplantopurchasetaxliensinaspecificcountyinthenearfutureandhavebeen
analyzing the
list of properties available.
The list can be divided
into at least two categories.
One
list
would be those properties
that
are owned by someone ot
her than the current tenants of the
Rogue Tax Sale Investor
-
66
-
house.
The second
list would be those
properties
that
ar
ecurrentlyhousingtheowner.
What is
your
opinion about which type of property is more likely
to have the taxes redeemed?
Answer:
It is har
dtoknowforsure.So
metimes
acompanywillbemorelikelytodefault
,
especially if they own many properties that show up on a tax sale list. For example, you might
see XYZ, LLC on many different liens. This could indicate that the company is struggling and
may let the proper
ties go. This is especially true for developers and sometimes real estate
investing companies that got a little too ambitious.
As you can imagine, nice houses owned by individuals are probably the least likely to go to
foreclosure. That makes sense becau
se no one wants to lose his/her house. On the other hand,
sometimes land owned by individuals will go to foreclosure.
You may be able to get additional information that helps you decide by
befriending someone
knowledgeable at the county.
Question 4
4
:
I
s
it possible to in
vest in a
tax
lien for its interest
-
bearing qualities without the
"risk" of becoming a property owner?
Answer:
For true tax lien certificates, you do not have
to
foreclose on the lien; however, your
certificate would eventually expire
and you would lo
se any money that you invested. Your best
bet is to focus on tax liens that are held on residential houses in above
-
average neighborhoods.
Question 45
:
Do you recommend investing in less tha
n
ideal neig
hborhoods
?
Answer:
It is possible to
invest in less than ideal locations.
Often
the best deals are in those
areas. However, you need to be careful.
You need to r
ealize that
you may have trouble selling
the property or you may have to price the property
at a discount
;therefore,
don't pay any
thing
close to retail or market value.
Question 46
:
W
hat is title insurance? Can you get title insurance after you have purchased a
property from a deed sale?
Answer:
Title insurance is a protection against finding any liens, clouds, encumbrances or
prob
lems with the title or deed.
M
ost m
ortgage companies will require title insurance
for a buyer
to obtain a loan. In some states like California, you will have to wait until the
legal
challenge
period
following the tax sale
is over
before you can clear title
.Inotherstates
without a legal
challenge period, you w
on’t have to wait. During the legal challenge period,
the previous owner
or anyone with an interest in the property can bring suit to challenge the sale. To obtain title
insurance, contact a title co
mpany (e.g., Chicago Title) or hire an attorney to take care of it. You
do not have to have title insurance to sell
aproperty,butyouwillneedtheinsurance
if the buyer
has to obtain a mortgage.
In most cases, the deed that you purcha
se at a tax sale
will not be a g
eneral
w
arranty
d
eed.
You will usually purchase a tax deed, sheriff’s deed, limited warranty deed or some form of deed
that only provides guarantees
since
t
he
time the
c
ounty has owned the property
.Aquit
-
claim
deed provide
snoguarantees
of any kind. A general warranty d
eed provides the most protection
for a buyer and as such many buyers and lenders will require it.
Y
ou will need to perform a quiet
title action
t
o
clear the title
.Thisisusuallydonebyanattorneyanditwillgiveyoua
more
marketable title.
Question 47
:
Is it possible to make money by purchasing over
-
the
-
counter properties?
What
states offer these?
Rogue Tax Sale Investor
-
67
-
Answer:
Y
ou can make money purchasing over
-
the
-
counter properties
,butyouhavetobe
careful. It is better to see the pr
operty an
dareabeforeinvesting.O
ver
-
the
-
co
unter properties
are
usually
left
over from the public auctions
.Thatmeansthatinmanycasestheywerenot
purchased for some reason. It could be that the lien amount was so low that investors were not
interes
ted. It could mean that the property has a problem, which makes it useless. An example
would be a strip of land that can’t be built upon or
that has
an easement. It could also mean that
not enough investors attended the sale and the leftovers are truly wor
thy of consideration. You
will have to judge this on a case
-
by
-
case basis.
Arizona and Florida
are great places to begin investing in over
-
the
-
counter properties
.These
states offer both over
-
the
-
counter tax liens and over
-
the
-
counter tax deeds.
In
Texas
,
properties
left over from the tax deed sales are placed on “struck off”
lists.
There are several states that
offer
over
-
the
-
counter liens, including
Nebraska, New Jersey, Iowa
and Alabama. Wyoming offers over
-
the
-
counter liens, but
because
all
liens are
normally
purchased during the
annual tax sale
s, there
usually
are no properties
left over.
Several
other
states offer over
-
the
-
counter
tax
deeds.
For example,
Arkansas
has
over
-
the
-
counter tax deeds th
at are called negotiated sales, and
Alaska
offers
ove
r
-
the
-
counter
properties
along
with possible financing.
This i
snotacompletelist
of all
over
-
the
-
counter possibilities
.Youshould
refer to
the
state
-
specific
information in Chapter 9
for additional details.
Question 48
:
Irecently
attended
aseminar
where it was
stated it is impossible to find the
names, addresses and phone numbers for the county officials and
that you need this
information
to invest at tax sales
.Isthistrue
?
Answer:
You can usually
find the names, addresses and phone numbers of c
ounty officials
simply by visiting the county websites, although some counties do make the information more
accessible than others
.Weprovide
contact information for many counties in Chapter 9.
For
counties that are not addressed in
this
book,
visit our t
ax lien certificates website at
http://www.tax
-
lien
-
certificates.com
and click on the state and
then the
county that you are
inte
rested in. Once you are on the c
ountys main website,
look for a link to
“Departments” or
“Elected Officials” or “Services,” for example, and you will be able to find the office of the tax
collector or treasurer (or similar department).
Most
county
websites
provide
phone numbers and
other contact information.
Question
49
:
D
o
you start earning interest on
tax
liens immediately after purchasing th
em
?
Answer:
You
will
start earning interest immediately after purchasing
ataxlien
,butyoudont
actually get your money until the certificate is redeemed. The redemption period is t
he
period
during
which the owner can redeem the property. If the redemption period expires, you
have the
option of foreclosing on the property.
Question 50
:
Utah doesn't sell tax liens, only tax deeds. Are they the
same?
Answer:
T
hey are not the same
.A
winning bidder at a public auction in a tax deed
s
tate takes
possession of the property.
In tax lien s
tates (
e.g.,
Arizona), a county places a lien on a property for the amount of taxes
that are owed. A winning bidder at a public auction on the tax lien c
ertificate is only buying
the
debt on the property that is secured by the real estate. If the property owner pays the delinquent
property taxes (plus interest, etc.) within the redemption period, the investor receives his
/her
Rogue Tax Sale Investor
-
68
-
money back for the lien purcha
sed plus interest. If the property owner does not redeem the
property during that period, the holder of the tax lien certificate has the right to initiate
foreclosure and then take possession of the property.
Question 5
1
:
Ihavebeenresearchingtaxfore
closed properties in Brevard County, Florida.
At
this poin
tIhavealreadydisregarded60percent
of the properties listed
,
and informat
ion on the
first 8 to 10
properties that I have been checking indicate that almost all of them seem to have
se
rious prob
lems. Is this consiste
nt with your experience?
Answer:
As you can imagine, you will find many undesirable properties on a tax sale list. I
would say that about 50 to 75 percent of the properties will fall into that category, especially if
you are talking
about a tax deed sale.
Question 52
:
IliveinMassachusetts
and
am interested in purchasing tax liens.
Inoticedforthe
C
ity of Boston
that
there is information
on their website about purchasing municipal lien
c
ertificates. Is a
municipal lien c
ertifica
te
the same as a tax lien c
ertificate?
Answer:
AMunicipalLienCertificateisissuedbythetowntreasurerandstatestheamountof
property taxes that are assessed against a particular piece of property. Whenever someone
buys property or refinances,
aMunicipalLienCertificateisroutinelyrecordedalongwiththenew
deed or mortgage. By recording a Municipal Lien Certificate, the property owner's liability for
unpaid taxes is limited to those listed on the certificate. If the town discovers afterw
ards that
more taxes are owed, the new property owner is not liable for them.
Question 53
:
How much time would I need
to research two to four
pro
perties for possible
purchase at a tax lien sale
?
Which is more important: doing
a
drive by of the propert
i
es or
researching the properties at the tax assessor’s office?
Iwanttospendenoughtimetomakea
good purchase, but I also wonder
if it is necessary to look into all of the properties
when
about
95 percent of the tax liens are
redeemed anyway
?
Ilivei
nPolkCounty,Iowa.
Answer:
At tax lien sales
in Iowa
,thecountyrandomlyselects
abidders
number, who then has
the choice of bid
ding on the property or passing
.Tomakemattersworse,Iowahasasystemin
which bidders can bid on the percentage of th
epropertytheywillownshoulditgotodeed.
Nebraska’s system is similar
to Iowa’s round robin process. The round robin bidding
makes it
difficult to plan ahead and do your research because you don’t know which properties you will
be allowed to bid on.
We
highly recommend spending at least half a da
y
at the tax assessor’s office,
research
ing
as
many properties as you can, especially the more expensive properties that you would consider
bidding on. Go through the list and mark off any that are not good
candidates based upon
location, price or other unusual circumstances such as land that is too small to build on.
What
we
have done in the past is to ignore properties under a certain value, such as anything
below
$300. That is because
counties will
often
charge a fee for the certificate, usually around
$10. If you
buy
a$100lienat24percentinterest
and the interest is compounded daily
,thats
roughly .07 percent
per day. What you want to avoid is purchasing a lien and then having
so
meone redeem within
afewdays.Youwillmake
afewcents
each
day worth of interest
,and
you will
still have to pay the certificate fee. At that rate a $100 lien would take about 5 months to
break even. If you are familiar with buying stocks and paying a brokerage fee, it i
ssimilar.
Therefore, f
rom an interest rate perspective it is better to bid on more expensive liens.
Now having said that, you may see a few liens that are interesting from the perspective of
possible foreclosure. For example, you might see a landowner o
rbusinessthathasmany
Rogue Tax Sale Investor
-
69
-
properties listed
,
resulting in thousands of dollars of tax burden. It is possible they may not
redeem and you could pick up a property for pennies on the dollar.
I
fyoudonothavetimetoresearchalloftheliens,youmay
not
want to
bid on any tax liens that
are over a certain amount of taxes owed. This is to avoid the
risk of
holding an expensive lien
on a property that is not redeemed and goes to foreclosure, and which you learn (because you
did not research the lien up fron
t) has a problem such as environmental contamination. In this
case
you could always let the tax lien expire without initiating foreclosure.
However, y
ou would
lose whatever you paid for the tax lien.
Also, remember that the list you are looking at will
be reduced by the time the auction is held
because some property owners will redeem at the last possible moment.
Question 5
4
:
In Texas,
when
can you take control of a property
you bought at a tax deed sale?
Answer:
A
ccording to Texas law, you can take p
ossession of the property once the deed that
you purchased is recorded. E
ven though the property owner has
arightofredemptionperiod
(six
months for most properties;
two
years for homestead or agricultural properties), you are
legally the owner of the d
eed/property. Knowing that the owner has a right of redemption
,
it
would not make sense to spend any money on improvements to the property unless they are
done
to prevent further damage, such as fixing a leaking roof.
Question 55
:
Regarding self
-
directed
IRAs, my
concern is
that
if I set up a
n
LLC and use my
current IRA for the
down payment
on the LLC
,IamassumingthattheLLCisnowmyretirement
account. What happens to the positive cash flow and the excess depreciation that I would
normally be
allowe
d
to
deduct from
my personal income
tax
?
If I can't distribute the positive
cash
from my real estate investments
except back into the LLC
,
and can't take the excess
depreciation yearly on my taxes, then isn't this a bad idea?
Answer:
It
is
not a bad idea.
It is ju
st like many investment choices:
there are pros and cons.
On the positive side, you will never have to pay capital gains taxes on a self
-
directed Roth IRA
or t
he taxes will be deferred
with
atraditionalIRA.
Remember, real esta
te depreciation
is a double
-
edged sword. Outside of an IRA, it is used to
offset income. However, you will have to pay it back when you sell the property and you will be
taxed at your standard income tax rate, which is likely higher than a capital gains rate.
Under
the um
brella of an IRA, you will not need to depreciate the property because any income will not
be taxed.
Our experience is that you will probably end up having real estate investments both in IRAs and
outside IRAs
,
because there are limits on your yearly IRA
contri
bution. Also, if this is a full
-
time
business, you may want to use
your
cash flow to live on.
We
recommend speaking with one of the IRA custodians
listed in Chapter 12
of
Rogue Real
Estate I nvestor
,
an attorney and/or
acertifiedpublicaccountan
t
who has actually heard of
investing in real estate through a self
-
directed IRA.
The requirements are a little tricky
,
so
you
should
use caution.
Question 56
:
If a
friend
and I want to invest
in tax liens and deeds
as a partnership
,
do we have
to legally
get established as a partnership and have it documented? If so, what steps do we
need to take?
Answer:
You generally do not have to become a legal partnership; however, it is a good idea to
establish a contract between you and your partn
er. Setting up a
company
such as an LLC would
Rogue Tax Sale Investor
-
70
-
help protect you and your partner’s personal assets. It would also be easier to purchase assets
using a company name and a company tax I.D. number than
to use separate social security
numbers for
two individuals. Check with an
attorney or accountant for more information.
Question 57
:
Our goal is to
own property, sell it at a profit or rent it
out for recurring income. I
f
we have a limited amount of money now, say $20,000,
where do you suggest we
invest
it:
liens,
deeds or over
-
the
-
counter
liens?
Answer:
Tax liens work best for people who are looking for a stable interest rate and a decent
return. If you are trying to build wealth, you may want to look into
mortgage
foreclosures, rental
properties or tax deeds. Check with banks
or mortgage companies for foreclosure listings. Ta
lk
to a real estate agent for Veterans Affairs (VA) and Housing and Urban Development (HUD)
listings. Seller
-
financed houses
,whichyou
can purchase for very little
money
down, can help
you build net worth
and,
if you are careful
,can
result in positive cash flow each month. Tax
deeds are nice in that you can
pick up property for a substantial discount; however, you may
have to wait a certain amount of time before you can get clear title.
Question 58
:
Is t
here any way to determine if a property has a structure on it
(e.g.
,
a
house
or
commercial
building)
from just the legal description tha
tthecountyprovides?
Answer:
No. You will have to contact the county assessor to find out if the property has an
impr
ove
ment on it.
Occasionally
the tax c
ollector will
be able to
provide that information
.
Question 59
:
Ilivein
Palm Beach County
in Florida,
which
has some of the wealthiest property
owners in the nation
.Therefore,
property
tax liens are commonly $10,000
to $
20,000 or more.
Often the bidders are bidding
these properties down to .25 percent
yes,
that’s a period
in front
of the 25.
What is the purpose of this bidding strategy and why would anyone tie up their money
for such a low return and a very small c
hance of owning these properties?
What is the
foreclosure process in Florida?
Answer:
Florida law
guarantees tax lien investors
amini
mum interest rate of 5 percent
,
except
when an interest rate is bid down to zero. Therefore,
even though
an interest rat
eisbid
d
own to
.25 percent, the investor is
guaranteed 5 percent
.Forsomelargeinstitutionalinvestors,that
may be enough to make mo
ney, especially if the lien gets redeemed early. Earning a 5 percent
return in one month works out to an annual return
of 60 percent.
In Florida
,thetaxlienholderstillhastotakethelien
to a tax deed sale
if the property taxes are
not redeemed,
and
that person could be outbid by someone else for the tax deed
.Forexample,
let’s say
you buy 30 liens at a tax sale an
dallofthemareredeemedexceptone.Thatonelien
could be a valuable piece of property. After the required time has passed, you now apply for a
tax deed. The property will go to a tax deed sale and you will probably
attend because you know
about the pr
operty.
Other investors will
also be at the sale,
and you will have to bid against
them. If someone outbids you, you will receive your money back plus interest
as the tax lien
holder, but the winning bidder
will take possession of the property. If no one e
lse bids, you can
take possession
of the property
by default.
Question 60
:
How do we find
county
tax sale l
ists?
Answer:
Chapter 9 provides information on tax sales in many counties, including links to tax
sale lists
online or contact information for req
uesting a list
.Ifthereisacountyyouareinterested
in that’s not covered in the chapter, v
isit our tax lien certificates website at
http://www.tax
-
lien
-
cer
tificates.com
.Clickonthelinkforthestateyouareinterestedin.Onceyouareonthes
tate
page,
click on the link for the county you are interested in
.Youwill
be taken to a page
on the
National Association of Counties’ website with information on
that county. From that page, click
Rogue Tax Sale Investor
-
71
-
on the link to the county’s website
.Everysiteisdifferent,butlookforalinkto
“Departments,”
“Elected Officials,” or “Services,” for example
,
to find the office of the tax c
ollector or
treasurer
(or similar office)
.Onceyoufindthatpage
,
look for
any
information
regarding
“tax defaulted
property,” “tax sales,” etc.
Some counties will not publish their lists
online
.You
may
have to call and
ask how you can
obtain the list. In some cases, the county will
mail you
the list for
afee.
Often the county only
publish
es
the list in the local newspaper
.
In that case, a
sk for the name of the newspaper and
their
phone number.
You can then c
all the
news
paper and
request that they
send you the issue
containing the tax sale l
ist.
Question 61
:
How do I protect myself from making a bad investment at a
tax d
eed sale
?Iplan
to
visit the county to
research
any liens against the property, and to
talk with a local realtor.
I
think a title search would be
good
,butcostly.
What abou
thavingapropertyinspectiondone?
Answer:
For tax deed sales, make sure you know the area and property values. Check with the
county as
sessor and see what they have the property
appraised at. They are usually a good
judge of values because they want th
eir tax money.
You can search for liens and assessments
with the county
it is public information that is free
.
Do a drive by
of the property
and make sure
you understand the location, neighbors, etc.
You cannot access the property until it is yours
,
so
y
ou won’t be able to
walk the property or
go inside a house.
If it is land, check and see whether
it can be built on,
where the
nearest utilities
are
,etc.Makesurethereisno
on
-
site or off
-
site
contamination
.
M
ake sure the property is marketable
in ot
her words, can you sell it?
You will find that
it
is too costly to perform a title search on every property that you are think
ing
about bidding on. You will
usually
need to bid on several properties before the right one comes
along at the right price.
Or a
property you are interested in
could get in a bidding war and
become to
o
expensive for you to bid on.
Question 6
2
:
If
Ibuy
a
tax deed
,
is there still a period during which the t
axpayer can redeem
the property and get his property back?
It
seems like
to
o
much risk to
buy
into tax deeds if this
is so.
Answer:
When you purchase a tax deed, you are the owner. In
some states like
Texas and
Georgia, the properties can be redeemed through a right of redemption process
.Ifredemption
occurs
,youwould
receive
aflat
interest rate
on your investment
(25 percent and 20 percent,
respectively)
,
similar to a tax lien. In most other tax deed states, you own the property and it
cannot be redeemed. In a few states, a
legal
challenge period exists primarily for gross
m
istakes in the sale process
.InCalifornia,forexample,thechallengeperiodisoneyear;in
Arkansas it is two years.
To challenge a sale, the previous owner or entity with an interest
in the
property
must show that the sale was not proper or that they w
ere not notified, etc. This is a
legal process, usually involving an attorney and the court. During the challenge period most
states
/counties
recommend that you do not make any major improvements. If the sale is
challenged, that does not mean that you auto
matically lose
your chances may be just as good
at winning. If you are forced to relinquish a property, you are entitled to what you paid for it.
Question 6
3
:
How does competitive bidding work at a tax lien sale?
Answer:
Every state is different. In Florida and Arizona, you bid the interest rate down
,starting
at the state
-
mandated interest rate
.
The winning bidd
er is the person willing to take the lowest
interest rate.
In Missouri and Indiana, you bid
up
the p
rice of the property, starting at the county
-
set minimum bid. The winning bidder is the person willing to pay the most.
Iowa and Nebraska
have a round
robin
process where the interest rate is held constant, but you can only bid on the
properties that come up when your turn is called.
Rogue Tax Sale Investor
-
72
-
Question 6
4
:
We have been looking at the San Bernardino
C
ounty
(California)
tax
deed sale,
and have seen many plots of land a
vailable. What should we know about investing in land?
Also, i
sittypicaltoseebids
that
end up being much
higher
than
the
assessed values?
Answer:
Land can be a great thing to invest in,
but
make sure it is marketable. Call a real
estate agent and se
ewhatlandsellsforinthearea.Findlandthatisinaniceareaorby
somethin
gthatwouldmakeitvaluable.L
ook for land near a lake, river, mountainside, golf
course, nice neighborhood, etc.
In other words, if
you buy land make sure there is a reaso
nthat
someone else will want to buy it from you.
In some parts of the country (California is one of them)
,
properties are being bid up to insane
levels. Don’t get caught up in this. If the prices are too high, don’t buy. There are other sales
and other s
tates where you can find better deals. These buyers are speculators. Not too long
ago
,
these same
people
were buying Internet stocks at prices beyond reason.
Because
you live in California you might have a hard time finding good values.
We
recommend
testi
ng a few areas and attend
ing
at least one or two
public auctions
.IfyoudecideCaliforniais
not a good place right now, try Arizona or Nevada.
B
epatient.Youwillhavetoattendseveral
sales
in order to find
an area and a way of investing that works be
st for you. When you do, you
will be more than happy.
In California
there is a
one
-
year r
egulatory challenge period that will have to occur before you
can clear title.
I
tisalsoagoodideatoholdproperty
for
one
year to reduce your taxes.
Question 6
5
:
In cases where
tax lien bidding
starts
at taxes
owed plus
fe
es, penalties and
interest, is th
einterestpaidtothetaxlien
holder
determined on this amount or
only on
the taxes
owed?
Answer:
You earn interest on the total amount that you pay
at the sa
le
,whichprobablyincludes
taxes owed and fees assessed by the county.
Y
ou
often
will
have to pay a certificate fee
(roughly $10), which you
will not earn interest on. Not all states require this fee, which can vary
in amount.
Question
6
6
:
If I purchase
ataxdeedandtheownerisstillontheproperty,doIhavetoevict
him
/her
at my own cost?
Answer:
You usually
will
be responsible for evictio
n. Contact an attorney and the s
heriff’s office
and make sure everything is done correctly.
Question 6
7
:
Iam
looking at tax lien certificates in Maricopa County, Arizona
,and
have
the
following questions.
Some properties have liens dating
back to 198x, and have many liens
opened. Wouldn't the county ask for a foreclosure on those properties?
Most of the properti
es
are vacant land,
while
some
are
commercial properties.
Isawafewpropertiesownedby
churches. Are there any special factors I should watch out for if I want to purchase the
tax
lien
certificates for these properties?
Answer:
The county won't ask for
aforeclosurenormally.Theyjustwantthetaxmoney.You
should know that liens that are that old and have not been purchased are usually not worth
anything and should be looked at with much skepticism. On the positive side, if you do find a
decent lien
and it is over
three
years old, you should be able to purchase it and take it to
foreclosure if you wish.
Make sure you researc
hc
hurch properties just like
you would any other property. We are
not
aware of any special concerns related to church propertie
s.
Rogue Tax Sale Investor
-
73
-
Question 68
:
What
county
offices
are supposed to know about purchasing tax deeds
or liens
,
location of a
uctions, specific process, etc.?
Answer:
Tax sales are usually handled by the tax c
ollector’s office. Some states handle it
through the
t
reasurer’s
office and in some locations the
s
heriff’s office actually handles
everything. In Florida,
tax liens are handled by the tax c
ollector,
while tax deeds are handled by
the clerk of the c
ourt
.
In Arizona, tax liens are handled by the
treasurer, and
tax deeds
are
handled by the Board of Supervisors.
Start with the tax c
ollector’s office if the county or
municipality has one
.Theycandirectyoutotheappropriateofficeiftheydonthandlethesales.
Question 69
:
Ihavebeen
researching
tax deed sales for t
he past
seven
month
s, and
have
decided
to start in
Georgia
.Whatdo
I
need to be aware of?
Answer:
Make sure you pay the next year’s taxes so another tax sale investor doesn’t purchase
adeedonthesameproperty.Georgiasrulesarefairlycomplex.You
will have to do a lot of
work to foreclose, such as contacting the
s
heriff’s office and advertising. It is a good idea to
speak with an attorney to help you with the process until
you are comfortable. Of course, you
will only have to go through foreclosure
if the property owner does not redeem
.
If the property
owner does redeem, you will have to issue a quit claim deed to transfer title back.
Question 7
0
:
How can we determine if the property owner has filed for bankruptcy?
Answer:
As far as bankruptcy
is
concerned, you can never be 100 percent
sure. A homeowner
could file for bankruptcy during the redemption period. If a bankruptcy is filed, y
ou will
receive
information from the court
along with
every
other
creditor
.You
will likely receive your money
back
,butitcould
be
tied up for a while.
Question 7
1
:
Suppose I hold
ataxlienona
property
in Florida, and
ahurricaneblowsthe
house
away. D
oIstillhave
a
guarantee on my lien?
Answer:
This is a good question
.
Even if the house blows away, you will
still have a lien on the
real estate, which includes both the land and the house. If a property owner rebuilds, he/she
would most likely have to pay off the lien before obtaining financing. If the previous owner never
pays
the back taxes
,youcanstilla
pp
ly for foreclosure and
bid on the property at the tax deed
sale. If you are the winning bidder
,youwouldreceiveownershipto
the property.
Depending on
what you paid
originally, the land might still be valuable even without the house.
(If you were not
th
ewinningbidder,youwouldreceiveyourinvestmentback.)
If the situation looked horrible, you
could just let the lien expire
and not apply for foreclosure
.Y
ou
would l
ose
the
money
you
invested in the lien, but you would not be liable for the property
.
This is
because you only
bought a lien, which is debt
,
and
not the actual property.
Question
7
2
:
Iwillbebuyingpropertiesin
Indiana
,
where there is
a
one
-
year redemption
period
.
Ihavethefollowingquestions.
What limit do you recommend bidding up to
?Knowing
the different interest rates on the minimum bid
and overbid amount,
and the generally low
probabil
ity of acquiring a property (5 percent
)
,isitbettertospendagivennumberofdollarson
several properties by bidding only a little above the mi
nimum bid to acquire the certificates
,oris
it better to bid on
few
er
properties by bidding them up aggress
ively if needed to acquire them?
Answer:
As far as how high to bid, commo
nsenseprevails.Findoutthec
ounty's assessed
value for each property
and then check that against reality by doing a drive by and calling on
some other properties nearby to determine the market value.
You will then have to decide your
cutoff.
We
like to keep
our
bids below 50 percent
of the
property’s market value. Sometimes
we
will
go highe
r, but usually no more than 75 percent
of the market value. The reason is that you
have to
leave
room for expenses such as paying subsequent taxes, fixing problems, paying to
Rogue Tax Sale Investor
-
74
-
clear a title,
paying a realtor to help sell the property
,etc.
Of course, if the property is redeemed
in Indiana then the overbid
is not as important. In fact, we
know some individuals
who
overbid in
Indiana on purpose. You just need to be car
eful and protect yourself against those
cases where
apropertyisnotredeem
ed and you take ownership.
Your strategy for bidding may depend upon the
c
ounty. Be careful about investing all of your
time on only a few properties. You should always go to a sale with a list of at least 5 to 10
properties to bid on, perhaps more if you
have the time and money. Why? That's because last
minute redemptions will erase several of your prospects. Also, some properties will be
aggressively bid on for whatever reason. You need to have a backup plan in terms of other
properties to bid on.
Quest
ion 7
3
:
Iaminterestedinfindinganagentorcompanythatwouldbeabletoassistme
with
the purchase of
tax deeds and tax liens.
Do you know of anyone
that
might be able to help?
Answer:
Most companies that we were aware of are no longer taking on any
more clients. If
you are a high net worth individual, we may be able to refer you to a company. Please contact
us by email for more information.
Question 74
:
How much money does one need to get started investing in tax liens or deeds?
Answer:
The more
money
you can set aside toward this type of investing, the greater your
potential is for success. Tax liens and even deeds can be purchased for less than $50 to
several thousand dollars. At a typical tax lien sale, most liens go for roughly $100 to $2000.
Tax
deeds may be more expensive depending upon the state.
Tax deed sales usually require a little
more than $1,000 to get started ($5,000 to $10,000 is better), but sometimes you can pick up
lots for relatively little.
Don’t forget to factor in your
travel
and business expenses.
Question 7
5
:
Because
IliveinColumbus
,Ohio,IwasresearchingtaxliensalesinFrank
County, and learned that Ohio
only sells
tax liens in one bundle,
all at once
,
to one investor.
That leaves
almost everyone out of the game.
A
re all states like this?
Answer:
In Ohio, c
ounties with populations of 200,000 or more
can collect delinquent property
taxes by selling tax certificates on delinquent properties to private parties by public auction.
Tax
liens are not sold individually, b
ut are sold in bulk. T
he
se
sales are
not designed for individual
investors
.
This is not how most sales are conducted in other states, where liens are typically sold
individually, so check out the tax sale procedures for other states in your area. You cou
ld also
invest in
tax deed
s
in Ohio. Properties not sold the first time are offered
again
at a tax deed sale
three weeks later, but are not re
-
advertised. Properties unsold after two attempts may be
forfeited to the State of Ohio
.Thec
ounty audito
r, who a
cts as an agent of the s
tate, conducts
Forfeited Land Sales of these properties.
Question 76
:
W
ould you recommend that we buy
tax
liens or deeds
online
without
viewing the
property?
Answer:
Iwouldnotrecommendbuying
tax
deeds wit
hout viewing the prop
erty. Many
people
buy
tax
liens without viewing the property, but that is a personal decision
based upon risk
tolerance
.SomestateslikeIowaandNebraskamakeithardtoviewlienproperties
before the
sale,
because
the bidding is done by round robin. In
other words, bidders will not know which
liens they will have an opportunity to purchase until their bidder number is called.
Question 77
:
How much
does a foreclosure process cost
?
Rogue Tax Sale Investor
-
75
-
Answer:
Foreclosing on a property
can range from
approximately
$1,000 t
oseveralthousand
dollars, depending upon where you live and any complexities to the foreclosure.
Question 78
:
What
payment method would you recommend,
besides cash
,atataxsale
?
Answer:
You usually
will
h
ave to ask the county about their payment req
uirements
.Mostwill
gladly accept a money order or cashier's check.
Most
will not accept checks.
Question 79
:
Is there any way to
purchase a tax deed and then immediately sell the property
for a capital gain?
Answer:
The quick answer to your question i
snotreally.Evenfordeeds,
many
states have a
redemption period
following the tax sale
.WeworkinArkansasalotandtheyhavea60
-
day
redemption period after the sale. So, you won’t even receive the deed for at least 60 days.
In
addition,
most states
have a regulatory challenge period (usually one to two years). You can still
sell
the property
during this period, but you can’t get clear title. Also, remember that your capital
gains tax will be much lower if you hold a property for at least one year.
Question
8
0
:
How and when is the interest applied to tax liens? Is it compounded?
Answer:
In
most tax lien states
,
the interest is applied annually.
Texas and Georgia
have a flat
interest rate of 25% and 20%, respectively. In
those states (and a few other
slikethat)
,youget
the full
interest even if the lien
is redeemed in one month. Some states have a minimum fee
such as 2
%or
to 5% to protect investors from buying a certificate and having it redeemed two
weeks later.
Rogue Tax Sale Investor
-
77
-
NINE
Detailed State
and County Profiles
“A journey of a thousand miles mus t begin
with a single step.”
Chinese proverb
This chapter provides detailed information on tax sales
for
all 50 states
(plus Guam and the
Virgin Islands)
.
The information is derived from state st
atutes, our own experience attending tax
sales, conversations with government officials, and other resources.
The available information
varies widely for each state. Some
states are very progressive, actively encouraging
tax lien
certificate sales or
tax d
eed sales and providing good information.
In other states, tax sales are
not a priority and little
information is available.
Detailed tax sale information for the top 100 counties in the United States by population, as well
as some addi
tional counties,
a
lso
is
provided in this chapter
.
These county “examples” are
meant to give you
an understanding of what to expect if you were to attend an auction
in a
particular state.
As with the states, some counties are progressive and provide a great deal of
informat
ion on tax sales on their websites, whil
eothersarejusttheopposite.Youmaywantto
look at the information provided by states/counties where you don’t expect to invest, because
often
the information
is is relevant across the board (e.g., how to resear
ch property before a tax
deed sale).
If
the
county
you are interested in
is not covered in this chapter, does not have a website, or has
awebsitewithlittleornotaxsaleinformation,youwillneedtocontactthecountybyphoneor
mail. Use the exampl
ecountiesinthischapterforthestateyouareinterestedintodetermine
which office holds the tax sales (e.g., tax collectors or treasurer’s office).
Be patient. After you study the information in this chapter, you will need to become familiar with
afewcountiesandtheirexactproceduresasyoupreparetobidonproperties.Tohelpyouwith
your research, the following website
s
provide general tax
sale
information:
http://www.tax
-
lien
-
certificat
es.com
and
http://www.tax
-
deed
-
sales.com
.
Rogue Tax Sale Investor
-
78
-
Important Note
!
Information
in this 7th edition of
Rogue
Tax Sale
Investor
that was
derived from a government
website may have changed
or
been removed
since
our update
.Beforerelyingonthestate
-
,
county
-
,
or municipality
-
specific information presented in Chapter 9, we strongly recommend
that you visit the relevant web page source
(or contact the appropriate government office)
to
make sur
etheinformationis
still
current.
Occasionally we have only
pr
ovided excerpts from a
web page (
this is noted).
In addition,
in most cases
we
have
removed
the government’s
highlighting of text
(e.g., bolding, capitalizing)
.
You may see information in thi
schapter
from a tax sale that has already occurred. We chose
to include this information
where it is still
presented
online
,becausetheinformation
will help
you understand the tax sale procedure in general for that
government office
.
Finally, if you co
py a URL into your browser, remember that a URL has no punctuation at the
end (e.g., period, comma).
If a link does not work, it is because the URL
has
been
changed
or
removed
since our update.
Visit
the home page of the
appropriate
government office
and
l
ook
for
alinktothesameinformation
,orcontactthatoffice.
Rogue Tax Sale Investor
-
79
-
Alabama
Tax Lien Sales:
Yes
Annual Tax Sale
.
Over
-
the
-
Counter Tax Lien Sales:
Yes
“Sold to State” properties
left over from the previous
year’s sale
,
offered for sal
ebytheStateofAlabamaRevenueDepartment
.Taxliensareissued
on properties th
at have been delinquent for 1 to
3years.
Tax Deed Sales:
No
.
Over
-
the
-
Counter Tax Deed Sales:
Yes
“Sold to State” properties
left over from the previous
year’s sale
,
o
ffered for sale by the State of Alabama Revenue Department
.Taxdeedsare
issued on properties that have been delinquent for more than 3 years.
Rating:
Three Stars (***)
Interest Rate:
12%
on the minimum bid, and up to 15% of the appraised value of the p
roperty.
Sale Period
:
U
sually in
May
,occasionallyinJune
.
Redemption Period:
3years
for tax lien certificates.
Property owners get a 10
-
day grace period
after the sale to redeem without paying any interest.
Bidding Process:
S
old to the highest bidde
rwiththefaceamountastheminimumbid
.
The
starting bid is referred to as “tax and cost.” Bidding continues by increasing the amount over the
minimum bid, referred to as “plus some amount.” You do not receive interest over 15% of the
appraised value; h
owever, you are free to bid above 15% of the appraised value. On the portion
above 15%, you will receive your principal back, so you effectively reduce the interest rate
earned.
State
-
Specific Information:
T
he
interest rate of 12% per year
and the
redempt
ion period of 3
years are
decent.
Compared to the smaller county sales, larger Alabama county sales are
generally better for big time investors because a lot of money can be invested.
Jefferson County, Alabama Tax Lien Sale
May
2005
Approximately 15 la
rge investors were present at this sale, and roughly 25 million dollars was
placed by wire transfer in the county’s coffers. The auction was held in a courtroom designed
for about 30 to 40 people, and it was overflowing into the hallway. Approximately 75 p
eople
were in attendance.
Jefferson County adds a unique twist to the bidding by allowing small
-
time investors to open
bidding on a few selected properties. This process started at the beginning of the sale;
however, it did not deter the big
-
time investo
rs from bidding on these properties.
On average, most bids were received at about twice the 15% appraised level or 30% of the
appraised value. This results in investors receiving an effective interest rate of about 5 to 7%
interest, or about one
-
half of
the 12% interest.
The sale was really designed for investors with deep pockets, allowing millions of dollars to be
spent. If you have a minimum of $100,000 to invest, then this sale is for you; if not, try a
smaller county in Alabama.
Rogue Tax Sale Investor
-
80
-
Alabama County Lin
ks
:
See
Alabama
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
BALDWIN COUNTY
,ALABAMA
http://www.co.baldwin.al.
us
REVENUE COMMISSIONER’S OFFICE
http://www.co.baldwin.al.us/PageView.asp?PageType=R&edit_id=4
(1) Tax Sale Informat ion for Bal dwin County
http://www.co.baldwin.al.us/Pageview.asp?edit_id=595
x
Sales are usually held in
May of each year for all unpaid tax properties.
x
Properties are advertised in
local newspapers, Onlooker, Courier, Baldwin Times, Bulletin
, and other
Gulf Coast Newspapers, for three weeks usually in
May of each year.
x
Properties are for sale in the Revenue Commissioner's Office in a public outcry auction,
beginning at
10:00 a.m., on or around the end of
May of each year. Anyone wishing to p
urchase must appear in
person and if there are bids, property interest goes to the highest bidder.
x
In
Alabama, purchasers of tax sale properties are purchasing the tax interest only, there is no fee
simple title.
x
At the time of purchase the buyer is give
n a paid receipt. After five working days the buyer is issued a
certificate of purchase, not a tax deed.
x
A tax deed cannot be issued until three years from the date of the tax sale. At that time the purchaser
must surrender his certificate to the judge of
probate, who in turn, issues a tax deed.
x
Any time within the first three years the owners of said property can redeem this property and the
redemption money is refunded to the purchasers of the tax lien property. The certificate of sale is then
null and
void.
x
All liens and mortgages take precedent over the tax sale.
x
Often law suits are filed if the purchaser has a tax deed and tries physically to take possession of the
property.
If a minor child or a mentally incompetent person is in the chain of title,
the judge always
rules in favor of these persons.
x
The State of
Alabama warns: buyers beware on the purchase of tax title. You are buying tax interest
only, not the property.
x
No tax deed is insurable for title insurance on resales or mortgages.
x
The pres
ent rate of interest is 12 percent per year. If the property is redeemed by rightful owner, the
principal, plus interest earned at time of redemption, is refunded to the purchase of tax liens.
x
Purchasers are required to pay for the property they purchased
on the date of the sale.
Tax properties not purchased are returned to the State of Alabama.
After these are sent to the state,
purchasers wishing to buy tax interest at this time must apply to the
State Department of Revenue Ad
Valorem Tax Division, Pos
t Office 327210, Montgomery, Alabama 36132
-
7210.
The state will notify you
of the amount necessary to purchase the tax lien. The state will only accept certified checks for tax sale
purchases.
(2) Staff/Directory
http://www.co.baldwin.al.us/Pageview.asp?edit_id=72
Collections Department
P.O. Box 1549
Bay Minette, AL 36507
Phone: 937
-
0245
Fax: 580
-
1858
Administrator of Collections: Karen Jones
Redemption
s: Jan Sheffield
Rogue Tax Sale Investor
-
81
-
CALHOUN COUNTY
,A
LABAMA
http://www.calhouncounty.org
REVENUE COLLECTION DEPARTMENT
http://www.calhouncounty.org/revenue/collection.html
All unpaid property
is sold at auction in May to the highest bidder. The property is sold with a three year
"Right of Redemption".
Failure to pay Property Tax results in the Tax Sale of the property. Property may be redeemed for three
years after the date of the sale. Proper
ty may be redeemed, for the total taxes and penalties, by certified
check only.
April: advertised for sale; May: sale
Karen Roper, Revenue Commissioner
1702 Noble Street, Suite 104 & 106
Anniston, AL 36201
Phone: 256
-
241
-
2840
Fax: 256
-
231
-
1891
Email:
revenue@calhouncounty.org
JEFFERSON COUNTY, AL
ABAMA
http://www.jeffcointouch.com
TAX COLLECTOR’S OFFI
CE
http://tc.jeffcointouch.com/taxcollection/HTML/index.asp
J. T. Smallwood, Tax Collector
(Birmingham Office)
Grover Dunn, Assistant Tax Collector
(Bessemer Office)
Phone:
(205) 325
-
5500 for the Birmingham Office or (205) 481
-
413
1 for the Bessemer Office
(1) General Tax Sale Information
http://tc.jeffcointouch.com/taxcollection/HTML/intro_taxsales.html
Code of Alabama, Section 40
-
10 provides for
the disposition of property tax liabilities that are not paid in a
timely fashion. There are two methods by which you may purchase tax interest in Jefferson County
properties: Annual Tax Sale and Sold to State Properties.
(2
) Annual Tax Sale
http://tc.jeffcointouch.com/taxcollection/HTML/taxsale_annual.html
As required by Code of Alabama, Section 40
-
10
-
15, the Tax Collector conducts a sale (public outcry
auction format)
in May of each year. For information on the next annual sale, for Birmingham please call
(205) 325
-
5084. For Bessemer
C
utoff please call (205) 481
-
4130
after May 1st and ask for a Tax Sale
Information Package.
Annual Tax Sale
Frequently Asked Questions
H
ow man y parcels are normally offer ed?
Approximately 4000 tax certificates are offered annually. The
total face amount of certificates offered is usually around $2 million.
How is the sale conducted?
Tax certificates are auctioned one at a time, in unit nu
mber order. They are
sold to the highest bidder with the face amount as the minimum bid.
How long before I get a tax deed?
If a certificate that you purchase remains unredeemed on the three
-
year anniversary of the tax sale, you are entitled to a tax deed.
Rogue Tax Sale Investor
-
82
-
If I buy a tax certificate, do I ever get clear title?
Investors typically buy tax certificates to get a 12%
return on their investment and usually do not get "clear title" to the property, although it is possible.
P
lease consult your real estate attorney
for legal advice.
How do I parti cipate in the annual sale?
You must register at the appropriate time. For information on
the next annual sale, for Birmingham please call (205) 325
-
5084. For Bessemer Cutoff
please call (205)
481
-
4130
after May 1st and ask
for a Tax Sale Information Package.
(3
) Sold to State Properties
http://tc.jeffcointouch.com/taxcollection/HTML/taxsale_soldtostate.html
"Sold to State" properties
are parcels that were offered at a past annual tax sale, and were not purchased
at that time. As provided by Code Sections 40
-
10
-
21 and 40
-
10
-
132, the State of Alabama Revenue
Department offers for sale tax certificates and tax deeds, which are currently
in the possession of the
State (usually between 6500 and 8500 items from Jefferson County). You may purchase a complete
listing of Jefferson County Sold to State tax parcels via the Internet
(
http://tc.jeffcointouch.com/taxcollection/HTML/taxsale_buylist.asp
) or by calling (205) 325
-
5084 anytime
during business hours (8
a.m.
to 5
p.m., Central Time, Monday through Friday
). Listings are available i
n
the form of hardcopy, CD
or e
mail.
Sold to State Properties Frequently Asked Questions
How many parcels are in a Sold to State status at any given time?
Anywhere between 6500 to 8500
Sold to State parcels are available.
How do I purchase certificates from the State of Alabama?
You must have the parcel number of the
certificate you wish to purchase. Then complete the online State Resale Application
(
http://tc.jeffcointouch.com/taxcollection/H
TML/redemption.html?who=state
), which is free
. The completed
form will be electronically sent to the State Department of Revenue. The State Revenue Department will
respond to your application by mailing directly to you a price quote letter. You will have
twenty days to
respond to the price quote by sending in a cashier's check for the stated amount.
How do I know if I w il l get a certifi cate or tax deed?
Tax deeds are issued on properties that have
been delinquent for more than three years.
When will I ge
t a document from the State?
Once the State receives your payment, they will begin
processing either a tax certificate or a tax deed, whichever is appropriate. Upon completion of that
document, they will mail it directly to you, in approximately 6 to 8 wee
ks.
What do I do with my certif icate?
Keep it in a safe place.
If the property is redeemed, you will be
notified to return it to us to get your money back plus interest. If the property is not redeemed prior to the
three
-
year anniversary of the original s
ale, bring the certificate to our office and exchange it for a tax deed
($5.00).
What do I do with my tax deed?
Record it immediately in the Judge of Probate Office and consult your
legal sources regarding possession and use of the property.
(3a
)BuyLis
t
http://tc.jeffcointouch.com/taxcollection/HTML/taxsale_buylist.asp
Jefferson County Sold To State property listings are available in hard copy or on CD at the Tax Colle
ctor's
office for $25.00. These can be picked up at our office (
visit
http://tc.jeffcointouch.com/taxcollection/HTML/info_redemption.html
).
You may purchase an electronic
copy of the list online using a credit card or check. The list will be
attached to an email as a Microsoft Excel spreadsheet (approximate file size is 2.0 MB) and sent to you
immediately upon payment.
Note
: Your e
-
mail must be able to accommodate file att
achments.
The Sold
To State List is not available at this time.
Rogue Tax Sale Investor
-
83
-
The following fees apply to online transactions:
(1)
Credit card: $5 per parcel or transaction
, and (2)
Electronic check: $2 per parcel or transaction.
(
3b
) Apply to Buy a Parcel from the S
tate
http://tc.jeffcointouch.com/taxcollection/HTML/redemption.html?who=state
(
4
) Frequently Asked Questions
http://tc.jeffcointouch.com/taxcollection/HTML/faqs.html
At what point will my property be "sold" for taxes?
If taxes are not paid the day before the tax sale,
they will be included in the sale the next day. The tax sale is usually th
e third or fourth week of May each
year.
How does the tax sal e work?
Tax certificates on delinquent properties are auctioned to the highest
bidder.
Can I pay my taxes after the tax sale?
Yes, approximately 30 days after the tax sale you may "redeem"
properties sold for taxes.
(5) Contact Information
http://tc.jeffcointouch.com/taxcollection/HTML/intro_currentyear.asp
J.
T.
Smallwood, Tax Collector
716 Richard Ar
rington Jr. Boulevard
N
.
Birmingham,
AL
35203
Phone: (205) 325
-
5500
Grover Dunn, Assistant
Tax Collector
P.O.
Box 1190
Bessemer,
AL
35201
-
1190
Phone: (205)
481
-
4131
LEE COUNTY
,ALABAMA
http://www.leeco.us
REVENU
ECOMMISSIONER
http://www.leeco.us/rev_com
Oline W. Price, Revenue Commissioner
Email:
oprice@leeco.us
(1) Tax Sale Info
rmation
http://www.leeco.us/rev_com/real_property/tax_sale_info2.html
Real Estate Dates and
Info
rmation
Leading Up to the Tax Sale for 2006 Tax Year
Schedule up to the Tax Sale is as follows:
Delinquent
January 1
Dummy
Delinquent
Notice January 22
Decree of Sale
February 12
Decree of Sale Court Date
March 5
Paper run
March 21
Pickup on March 15
Paper run
March 28
Pickup on March 22
Paper run
April 4
Pickup on March 29
Tax Sale
May 2
Last day to r
edeem property
in this office
May 7
Rogue Tax Sale Investor
-
84
-
Tax Sale Information for Lee County
Tax sales are held in May of each year for all unpaid tax properties.
Properties are advertised in the local newspaper, The Opelika
-
Auburn News, for three weeks in March
and April
of each year.
Properties are for sale at the courthouse in a public outcry auction, usually beginning at 10:00 a.m., on
the first Wednesday of May each year. Anyone wishing to purchase must appear in person and if there
are bids, property interest goes to
the highest bidder.
In Alabama, purchasers of tax sale properties are purchasing the Tax interest only, there is no fee simple
title.
According to the Code of Alabama, Section 40
-
10
-
11.1. By virtue of a decree I will proceed to sell to the
highest bidde
r all properties contained in the list provided. Terms of the sale are cash, certified funds or
check with a bank letter of credit if you are a first
-
time purchaser. You must be registered in order to
purchase property at this sale.
Sales are not perfec
ted until 15 days after sale, at which time a tax certificate will be issued to the
purchaser, not a tax deed. Certificates of sale will be available and must be picked up and signed for in
person at the courthouse in the property collections department. A
fter obtaining the tax certificate, the
purchaser must go to the assessment department to assess the property in their name. The purchaser of
the tax certificate is required to pay taxes which are due and payable October 1, for three consecutive
years foll
owing purchase. Purchaser will be issued a tax deed three years after sale, upon presentation of
the original tax certificate and three years tax receipts and payment of a $5 fee.
Any time within the first three years the owners of said property can redee
m this property and the
redemption money is refunded to the purchasers of the tax lien property. The certificate of sale is then
null and void.
All liens and mortgages take precedent over the tax sale.
The State of Alabama warns: buyers beware on the pur
chase of tax title. You are buying tax interest only,
not the property.
No tax deed is insurable for title insurance on resales or mortgages.
The present rate of interest is 12 percent per year.
If the property is redeemed by rightful owner, the
principal
, plus interest earned at time of redemption, is refunded to the purchase of tax liens.
Tax properties not purchased are returned to the State of Alabama. After these are sent to the state,
purchasers wishing to buy tax interest at this time must apply to
the
State Department of Revenue Ad
Valorem Tax Division, Post Office Box 327210, Montgomery, Alabama 36132
-
7210
.
The state will notify
you of the amount necessary to purchase the tax lien. The state will only accept certified checks for tax
sale purchases
.
To go to State of Alabama Department of Revenue Property Tax Division web pages
, click here:
http://www.revenue.alabama.gov/advalorem/transcript/transcript.htm
(2) Cont
act
Information
http://www.leeco.us/rev_com/contacts.html
Lee County Revenue Commissioner Main Office
Lee County Courthouse
215 South 9
th
Street
Opelika, AL 36801
Phone: 334
-
737
-
3655
Toll Free: 8
00
-
239
-
4469
Fax: 334
-
705
-
5081
Rogue Tax Sale Investor
-
85
-
MOBILE COUNTY
,ALABAMA
http://www.mobilecounty.org
REVENUE COMMISSIONER
http://www.mobilecopropertytax.com
(1) Frequently Aske
d Questions
http://www.mobilecopropertytax.com/faq.htm
(2) Tax Sale
http://www.mobilecopropertytax.com/taxsale.htm
Marilyn E. Wood
, Mobile County Revenue Commissioner
P.O. Drawer 1169
Mobile, AL 36633
Phone: 251
-
574
-
8542
1. The annual tax sale is held on the 1st Thursday each June in the Mobile County Courthouse Annex
beginning at 10:00 a.m.
2. Available properties are advertise
d in the Mobile Register (two publications in March and three
publications in May).
3. Registration for the sale is the first Thursday of June at 8:00 a.m. Registration numbers are assigned to
participants. These numbers are to be flashed to indicate bidd
ing. The highest bidder obtains the
property. There is no deposit required for registration.
4. All bids must total at least tax and costs, and are to be made in person; however, a representative can
participate.
5. Payment is to be made in full by cashi
er's check, cash or money order. Visa or MasterCard are
accepted. The Revenue Commissioner's Office charges no fee for MasterCard/Visa service; however,
your bank may charge a cash advance fee plus interest. Electronic deposits will be accepted; electronic
funds must be deposited into the Revenue Commissioner's bank account by the end of the Tax Sale day.
There are no financing programs available.
6. A property owner is entitled to withdraw all monies bid over tax and cost in lieu of redeeming a
property.
However, if later the owner elects to redeem the property, all tax, cost and the accrued interest
on the bid amount up to the date of redemption is due.
7. If tax sale property is redeemed by the owner, the purchaser will be notified by letter to bring th
e tax
certificate to the Mobile County Treasurer's Office located at 205 Government Street, 8th Floor. The Tax
sale certificate must be processed through the county treasurer's office before monies can be refunded.
The Revenue Commissioner's Office cannot
process tax certificates for refund and is not responsible for
tax certificates sent through the mail.
8. After sales are final, bidders will be issued a receipt for an original tax certificate. This receipt must be
presented in person before a certificat
e is received. Companies participating in the sale must designate
an individual to sign and pick up certificates. Successful bidders may pick up tax sale certificates at the
Mobile County Revenue Commissioner's Office at 109 Government Street, Mobile, AL u
sually after the
middle of July. No certificates will be mailed.
9. Parcels not sold at auction will be transferred to the State of Alabama. They cannot be purchased over
the counter directly from the county.
10. For a fee of $35.00 (no personal checks a
ccepted) you may obtain a current list of tax lien property by
request from:
Rogue Tax Sale Investor
-
86
-
Larry Doyal, State Land Agent
State of Alabama Department of Revenue
P.O. Box 327210
Ad Valorem Tax Division
Montgomery,
AL
36132
-
7210
11. When you purchase property at the tax
sale, you are only acquiring a lien on the property, you do not
have clear title to the property. To obtain clear title, you have to complete a complex process required to
be in compliance with the law; eventually you would go through Circuit Court. Legal
questions would have
to be answered by your attorney.
12. To research statutes regarding tax sales, see Title 40, 1975 Revised Code of Alabama.
13. At this time, there is no information available on the Internet concerning tax sales.
14. The interest r
ate for land redemption is 12% annually and the redemption period is three years from
the date of sale.
(3) 2008 Tax Sale Sold to Stat e
http://www.mobilecopropertytax.com/soldstate.txt
RO
GUE INVESTOR NOTE
: See web page for the tax sale list.
The 2008 tax sale sold to state list
is
available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
(4) 2008 Tax Sale Sold to Individual
http://www.mobilecopropertytax.com/soldindiv.txt
MORGAN COUNTY
,ALABAMA
http://www.co.morgan.al.us
REVENUE COMMISSIONER
http://www.co.morgan.al.us/revenue_web/rev_comm_home.htm
(1) Tax Sale
http://www.co.morgan.al.us/revenue_web/tax_sale.htm
Notice of Delinquent Sale, State of Ala
bama, Morgan County
:
There are currently no properties available
for purchase through our office at this time. Normally our tax sale is held on the first Tuesday in May of
each year. By selecting the “Detailed” link below it will take you to properties tha
t were sold to the State.
Under and by virtue of a Decree rendered by the Tax Collector Court of Morgan County, Alabama, at the
February term thereof, I will, on Tuesday, 20th day of May 2008, proceed to sell at public outcry, to
the
highest bidder for cash, before the courthouse door of Morgan County, during the legal hours of sale, the
following described parcels of real estate assessed to the following named owners, for the payment of
taxes, fees, costs and interest as shown for
the 2007 year.
Amanda G. Scott, CPA, Revenue Commissioner
Morgan County
(2) Contact
http://www.co.morgan.al.us/revenue_web/contacts
.htm
Amanda G. Scott, Revenue Commissioner
302 Lee Street, NE
, Decatur, AL 35602
Mailing address:
P.O. Box 696
,
Decatur, AL 35602
Phone, Collecting Division: 256
-
351
-
4692
Fax:
256
-
351
-
4699
Rogue Tax Sale Investor
-
87
-
SHELBY COUNTY
,ALABAMA
http://www.shelbycountyalabama.com
PROPERTY TAX COMMISSIONER
http://www.shelbycountyalabama.com/Property_Tax_Commissioner.shtm
102 Depot Street (street addres
s)
P.O. Box 1269 (mailing address)
Columbiana, AL 35051
Phone: (205) 670
-
6900
Fax: (205) 670
-
6915
Lori Riley, Collection Supervisor
/
Debbie Smith, Property Tax Administrator
(1) Tax Sale Informat ion
http://www.shelbycountyalabama.com/tax_collections.shtm
x
Tax sales are held in May of each year for all unpaid tax properties.
x
Properties are advertised in the local newspaper, The Shelby County Reporter, for three weeks in
April of eac
h year.
x
Properties are for sale in front of courthouse in a public outcry auction, usually beginning at 10:00
a.m., on or around May 15 of each year. Anyone wishing to purchase must appear in person, and if
there are bids, property interest goes to the hi
ghest bidder.
x
In Alabama purchasers of tax sale properties are only purchasing the tax interest only, there is no fee
simple title.
x
At the time of purchase the buyer is given a paid receipt. After five working days the buyer is issued a
certificate of pu
rchase, not a tax deed.
x
A tax deed cannot be issued until three years from the date of the tax sale. At that time the purchaser
must surrender his certificate to the judge of probate who, in turn, issues a tax deed.
x
Any time within the first three years
the owners of said property can redeem this property and the
redemption money is refunded to the purchasers of the tax lien property. The certificate of sale is then
null and void.
x
All liens and mortgages take precedent over the tax sale.
x
Often law suits
are filed if the purchaser has a tax deed and tries physically to take possession of the
property. If a minor child or a mentally incompetent person is in the chain of title, the judge always
rules in favor of these persons.
x
The State of Alabama warns: b
uyers beware on the purchase of tax title. You are buying tax interest
only, not the property.
x
No tax deed is insurable for title insurance on resales or mortgages.
x
The present rate of interest is 12 percent per year. If the property is redeemed by right
ful owner, the
principal, plus interest earned at time of redemption, is refunded to the purchase of tax liens.
x
Purchasers may pay by certified check or cash the date of the sale.
x
Tax properties not purchased are returned to the State of Alabama. After t
hese are sent to the state,
purchasers wishing to buy tax interest at this time must apply to the State Department of Revenue Ad
Valorem Tax Division, Post Office Box 327210, Montgomery, Alabama 36132
-
7210
.
The state will
notify you of the amount necessary
to purchase the tax lien. The State will only accept certified
checks for tax sale purchases.
Rogue Tax Sale Investor
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88
-
PRIVATE SECTOR TAX SALE ADMINI STRATORS
XSPAND
http://www.xspand.com
(1) Tax Liens for Sale
http://www.xspand.com/investors/tax_liens_sale/index.aspx
Periodically XSPAND may offer investors the ability to buy tax liens through an assignment process.
Where available, these tax liens are
listed by jurisdiction and can be acquired in some cases at full
redemptive value and in others at a discount from full redemptive value.
It is important to note that XSPAND provides no investment, legal or financial advice to potential
investors. As with
any investment, investors should carefully consider their objectives, risks, expenses
and conduct their own due diligence prior to making an offer. Furthermore, investors should be familiar
with the laws governing tax certificates in the jurisdictions in
which they are interested. XSPAND only
represents that the tax lien certificates it sells are valid liens, and makes no representations as to the
underlying collateral or overall return on investment, if any. We strongly advise potential investors to
perfo
rm due diligence to make informed decisions.
To purchase tax liens follow these steps:
1.
Once you've determined the jurisdiction(s) in which you have an interest, thoroughly familiarize
yourself with the legal requirements in that community.
2.
Review our li
stings and assemble your list of desired Tax Lien ID's. Email your selections, asking
price, contact information and interested date of assignment to
investor@xspand.com
. Please
keep in mind that we generally req
uire at least one week to respond to assignment information
requests.
3.
One of our Asset Managers will review and analyze this list and notify you by email which liens
are available and the final assignment price for each. There is the potential that not al
l of the liens
you requested will still be available as interest in assignments of tax certificates can be quite high
and liens regularly redeem. Furthermore, in certain jurisdictions, government approval of your
assignment offer may be required and allowa
nce should be made as to the turnaround time once
an offer has been made.
4.
Review this list and contact our Asset Manager to discuss the steps necessary to complete the
transaction. In some cases a deposit may be required but in all cases you will need to
remit
payment by wire transfer or cashier's check once a final agreement has been reached on the
terms of the assignment.
5.
Upon receipt of funds XSPAND will send you the appropriate tax certificates and/or
endorsements.
6.
Upon receipt of the assigned certif
icates you should be aware that you may be required to record
your interest with the applicable party in each jurisdiction.
Should you have any questions about our assignment process or the particulars of any tax lien offered,
please feel free to contact
us at
investor@xspand.com
. Please again note that XSPAND is not an
advisory group and no investment, legal or financial advice will be provided. Should you have an interest
in purchasing or viewing our current i
nventory of available real estate for sale or auction please visit Real
Estate for Sale
(
http://www.xspand.com/investors/realestate_sale/index.aspx
) or Real Estate Auctions
(
http://www.xspand.com/investors/foreclosure_auctions/index.aspx
).
(2
) Alabama Tax Liens for Sale
http://www.xspand.com/investors/tax_liens_sale/detail.aspx?t=1&j=AL&name=Alabama
ROGUE INVESTOR NOTE
: See web page for parcel list, including taxing jurisdiction, lien year, property
description, parcel number and location.
Rogue Tax Sale Investor
-
89
-
(2
a
)Alaba
ma Tax Lien Sales Frequently Asked Questions
http://www.xspand.com/investors/tax_liens_sale/detail.aspx?t=1&j=AL&name=Alabama
Under what process were the c
urrent properties for sale obtained?
The particular properties
contained in this section of our Investor web page have been acquired primarily throu
gh tax certificate
foreclosure
and
,
as such, while many may represent attractive values, some special consid
eration should
be given prior to submitting any offer. The properties available for sale are linked on this page by
jurisdiction as the property acquisition process for these properties may vary according to the particular
laws and pr
ocedures of each juris
diction.
Where can I find a list of prop erties?
The list of properties available for sale from XSPAND's own
portfolio of real estate is categorized by state and can be found by clicking on i
ndividual state
jurisdictions.
How do I co
ntact XSPAND or XSPAND
's broker?
Contact information appears next to the individual
property listings. This information should contain the broker's name, telephone number and email
address. You may also contact one of our REO Managers at 800
-
575
-
9880 x 3744 or by emailing
investor@xspand.com
.
If my purchase offer is accepted, what happens next?
All of our properties are being sold on an "as is"
and "where is" basis with no representations or warranties of any kind, including but not l
imited to the
physical condition, location, zoning, or occupancy of the property. XSPAND does not provide financing for
these transactions and expects that a closing will occur within sixty days of our acceptance of an offer. A
minimum 10% deposit is requi
red (in some cases more) which is non
-
refundable upon the execution of a
contract. For more information, follow the appropriate link or call the phone number listed for each
property.
We strongly advise potential investors to do sufficient due diligence t
o make informed purchase
decisions. XSPAND is not an advisory group and no investment, legal or financial advice will be provided.
Rogue Tax Sale Investor
-
90
-
Alaska
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
,taxforeclosurelandsales
.
Over
-
the
-
Cou
nter Tax Deed Sales:
Yes. Over
-
the
-
counter land sales include properties that
were offered at a regular borough land auction and were not sold. The properties can also come
from
repossessed mortgage notes. The purchasing
process can be done by mail, and bo
roughs
may provide financing.
Rating:
Two Stars (**)
Interest Rate:
Not applicable to
Alaska’s
tax deed sales.
Sale Period
:
Sales can occur throughout the year, depending
on the
borough
.
Redemption Period:
No
extended
right of redemption following th
etaxdeedsale
.
Bidding Process:
Most
boroughs
(or municipalities)
sell tax
foreclosed properties through a
“sealed bid sale.
The highest qualifying bid is the winning bid.
The minimum bid is set by the
b
orough
,
and
is usually set at the appraised valu
eoftheproperty
.
Properties
also may
be sold
at public auction.
State
-
Specific Information:
State law requires the
municipality (or borough)
to initiate
foreclosure proceedings for non
-
payment of property taxes. Alaska Statutes C
hapter 29.45 also
requir
es the m
unicipality to hold properties for at least a year after the foreclosure judgment is
awarded. After this waiting period, any property that has not been redeemed (delinquent taxes,
interest and la
te fees paid) is deeded to the m
unicipality by the Su
perior Court.
The owner of property that has been foreclosed and deeded to the municipality can repurchase
the property simply by paying the delinquent taxes and/or special assessments (
plus
penalty,
interest and administrative costs), and can do so
at a
ny time before
the foreclosed property is
sold.
De
eded properties that are not repurchased beforehand may be taken by the
m
unicipality
for public purpose or sold at
public auction
.
Sales are usually conducted through the Land
Management Division or Treasur
yDivision.
Some sales are
undiscovered
because roads are
few and distances between sale locations are huge.
Alaska County Links
:
See
Alaska
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed
Borough/
Municipal
ity
-
Specific Information:
Rogue Tax Sale Investor
-
91
-
MUNICIPALITY OF ANCHORAGE, ALASKA
http://www.muni.org
TREASURY DIVISION
http://www.muni.org/treasury
The Treasury Di
vision consists of four sections, including the Property Tax section.
(1) Tax Section
Real Property Tax Information Web Site
http://www.muni.org/treasury/prop_index.cfm
(1a) General Informat
ion
http://www.muni.org/treasury/prop_general.cfm
Phone: (907) 343
-
6650
Fax: (907) 343
-
6121
Mailing Address
Municipality of Anchorage
Department of Finance
Treasury Division
P.O. Box 196040
Anchorage, AK 99519
-
6040
Physical Address
632 West 6th Avenue, Suite 330
Anchorage, AK 99501
(1b) Frequently Asked Questions
http://www.muni.org/treasury/prop_faq.cfm
When will my property be f
oreclos
ed on if I am delinquent o n my real p
roperty ta xe s?
On or about
March 1st annually, a petition for judgment and decree of foreclosure and sale is filed with the Superior
Court concerning real property parcels with unpaid delinquent t
axes for the pre
ceding year(s);
e.g.
,
property with delinquent 2003 and prior years
taxes are foreclosed following the March 2004 statutory
publication and noticing period. Foreclosed property may be redeemed during the one
-
year redem
ption
period by paying the tax
amount
(s) along with penalty, interest, and costs due. Properties not redeemed
prior to the expiration of redemption period are deeded to the Municipality. Deeded properties that are not
repurchased beforehand ma
y be taken by the Municipality
for public purpose
or sold at public auction.
Additional information regarding foreclosure, deed, and sale of foreclosed property may be obtained by
contacting the Municipal Real Estate Service Office at
(907) 343
-
7953 or (907) 343
-
7986.
(1c) Frequently Called Numbers
http://www.muni.org/treasury/prop_freq_num.cfm
Foreclosure Office:
Tax Liens/MOA Deeded Property/Tax Deed Auction
Phone:
(907)
343
-
7953
or (907) 343
-
7986
(1d)
Due
Dates
http://www.muni.org/treasury/prop_dates.cfm
March of the year following the original tax year
:
Foreclosure p
ublication in local newspaper of general
circulation
Notice
of Foreclosure P
roceeding is mailed out to the p
roperty o
wner(s) and any
lien
holder
on record by the Municipality of Anchorage's Foreclosure Office on the first day of publication in
the
local
newspaper
.
Rogue Tax Sale Investor
-
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-
HERITAGE LAND BANK
:
REAL ESTATE SERVICES
OFFICE
http://www.muni.org/hlb/res.cfm
Real Estate Services is
also
responsible for managing foreclosed properties.
Real Estate Services
forecloses and sells properties delinquent on taxes and assessments.
Real Estate Services Office
Public Works & Permit Cen
ter
4700
Elmore
Street
, First Floor
Anchorage, AK 99501
Phone: (907)
343
-
7986
or (907) 343
-
7953
The 2008 List of Properties in Foreclosure
Click on the
following
link to access the newest list of properties undergoing foreclosure:
http://www.muni.org/iceimages/hlb/Muni_Foreclosure_2008.pdf
Note: Properties in this publication are
not
currently for sale by the Municipality of Anchorage.
Results of the 2007 Foreclosed Properties
Sale
: Real Estate Service
had a very successful sale of
foreclosed properties on July 31, 2007: a large public turn
-
out, with all properties sold!
The next sale of foreclosed properties will be in 2008. For more information on the foreclosure process,
che
ck out this important guide by clicking
on the following link:
http://www.muni.org/iceimages/hlb/4closedPropsGuide.Revised2
-
1
-
08.pdf
(
Foreclosed Properties Guide
).
For m
ore information, call us at 343
-
7986 or 343
-
7953. Thank you!
ROGUE INVESTOR NOTE
: The 200
8
foreclosed parcels list
is available on
the data CD that
accompanies this book
(within the file folder “Tax Sale Lists”)
.
(1
)
Foreclosed Properties Guide
http://www.muni.org/iceimages/hlb/4closedPropsGuide.Revised2
-
1
-
08.pdf
Excerpts from web page
:
Foreclosure
:
Many people do not realize that tax and special assessment foreclo
sures are not the same
as bank foreclosures. In the world of banking, a foreclosure removes the ability of a
mortgagor to redeem
property when payments haven’t been made. In the case of the
Municipality, foreclosures are made
against
p
roperty when property
taxes or special
assessments (such as for road, gas, water or sewer
i
mprovements) are not paid. State law
requires the Municipality to initiate foreclosure proceedings for
non
-
payment. Alaska
Statutes Chapter 29.45 also requires the Municipality to hold p
roperties for at least
a year
after the foreclosure judgment is awarded. After this waiting period, any property that
has not been
redeemed (delinquent taxes, interest and late fees paid) is deeded to the
Municipality by the Superior
Court.
Properties in
foreclosure are not available for bid; a property must have been deeded to
the Municipality
by the court before the sale process can begin, and the sale must first be
approved by the Anchorage
Assembly. Lists are often made available, say, from the
Anchora
ge Chamber of Commerce or another
organization of properties “in foreclosure.”
This does not mean that they will be deeded to the
Municipality; it only means that
they usually have a year to redeem. This means that most of these
properties listed
in such p
ublications will be redeemed and will never be deeded to the Municipality.
Repurchase Rights:
The owner of property that has been foreclosed and deeded to the
M
unicipality can
repurchase the property simply by paying the delinquent taxes and/or special as
sessments
(
plus
penalty,
in
terest and administrative costs
), and can do so
at any time before
the
foreclosed property is sold.
Sealed Bid Sale:
Like most government entities, the Municipality of Anchorage sells foreclosed
properties through a “sealed bid
sale.” Notice of the Sealed Bid Sale is published in a local newspaper
following the Anchorage Assembly’s approval for the sale. Included in the published notice will be
(
1) a
list of potential properties for sale and minimum bid required,
(
2) the schedule
d sale date,
(
3) date and
Rogue Tax Sale Investor
-
93
-
time sealed bids will be accepted, and
(
4) the date and time of an outcry auction for those properties not
receiving an acceptable sealed bid (if any). A copy of the published notice will also be available on
the
Real Estate Servi
ce’s web page at
www.muni.org/hlb/res.cfm
.
Bid Packet
Fee
$5.00
:
A complete bid packet must be prepared for each parcel that you wish to bid on.
There is a nominal fee of $5.00 per bid packet to cover Real Estate Services expenses.
Note: No copies
of bid
packet forms will be accepted
or
iginal
forms only.
Property Profile Fee $2.00:
There is a $2.00 fee for each property profile
, which contain basic
information about the properties slated for sale, and include limited liability reports and
any other per
tinent
information provided by a title company. There will be a property
profile available to purchase for each
property in the sale, and is considered essential in
beginning your research.
Winning Bid:
When the
sealed
bids are opened, they are examined t
o determine that they meet all
qualifications, and the highest qualifying bid is declared the winning bid.
FAIRBANKS NORTH STAR BOROUGH
,ALASKA
http://co.fairbanks.ak.us
LAND MANAGEMENT DEPARTMENT
http://co.fairbanks.ak.us/landmanagement
Director: Paul Costello
Phone:
(907) 459
-
1241
Email:
property@co.fairbanks.ak.us
The Land Management Department
is
also responsible for the annual Tax Foreclosure Program which
helps to keep individual property owner's taxes down through the collection of delinquent property taxes.
(1) 2005
Tax Forecl osure Sale
http://co.fairbanks.ak.us/landmanagement/Foreclosure/2004
Our annual Tax Foreclosure Sale is scheduled for Saturday, August 16, 2008. This sale will be on
properties that are delinquent fo
r the tax year 2005 and prior.
It will be held i
n the Assembly Chambers of
the Fairbanks North Star Borough (FNSB) Administrative Office, located at 809 Pioneer Road.
Beginning Monday, June 16, 2008 a current list of properties will be available, along with property
information that will include vario
us books with litigation reports, maps and pictures of the property, land
size, zoning, a
ssessed value and minimum bid.
This
information is available for vi
ewing in the Land
Management Department located at the FNSB Administrative Office, 809 Pioneer
Road
,
2nd Floor.
Please review our
2005
Tax Facts”
(
http://co.fairbanks.ak.us/landmanagement/Foreclosure/2004/05TAXFACTS.pdf
)
for general information
regarding the tax
foreclosure property sale. For further information, please come by our office Monday
Friday 8:00 a.m.
5:00 p.m. or call (907) 459
-
1241.
Results of the 2004 Tax Foreclosure Sale held Saturday, August 18, 2007
2004 Tax Foreclosed Property Sale Results
:
http://co.fairbanks.ak.us/landmanagement/Foreclosure/2004/2004%20Sales.pdf
2004 Tax Foreclosed Property Retention:
http://co.fairbanks.ak.us/landmanagement/Foreclosure/2004/081807propertyretention.pdf
Rogue Tax Sale Investor
-
94
-
(2) 2005 Tax Facts (August 16, 2008)
http://co.fairbanks.ak.us/landmanagement/Foreclosure/2004/05TAXFACTS.pdf
What is the tax foreclosed property sale?
The tax foreclosed property sale is a sale of real properties
which have been deeded to the Fairbanks North Star Boroug
h as a result of delinquent real property
taxes. The legal procedures for the Fairbanks No
rth Star Borough to acquire tax
deeds and hold a tax
foreclosed property sale are provided in Alaska Statutes (A.S. 29.45).
When and where will the tax foreclosure s
ale be hel d?
The tax foreclosed property sale will begin at
9:00 A.M. on Saturday, August 16, 2008. It will be held in the Assembly Chambers of the Fairbanks North
Star Borough Administrative Office, located at 809 Pioneer Road.
Who may participate in thi
s sa le?
Any person who is capable of legally holding title to real property,
and free of any delinquent property taxes.
How can property be pur chased during this sale?
The Ta
x Foreclosure Sale is two
-
part: (
1) Sealed
Bid and
(
2) Outcry Auction. Bidders su
bmit sea
led bids the week prior to the sale. On s
ale
d
ay, the bids
are opened and awarded to the highest bidder, then properties that do not receive a sealed bid are
offered in the Outcry Action. The minimum bid is the same for each and consists of back ta
xes, interest
and penalty owed on the property and the administrative costs associated with foreclosure and sale.
How can I submit a Sealed Bid for a property offered d uring this sale?
Bid packets can be picked up
at the Department of Land Management, Sec
ond Floor, Fairbanks North Star Borough Administrative
Office beginning Monday, August 4, 2008. Bids will be accepted beginning at 8:00 A.M. Monday, August
11, 2008 through 5:00 P.M. Friday, August 15, 2008. Detailed instructions on how to submit a bid wil
l be
included in the Bid Packet.
Mail
-
in bids will not be accepted. Bid packets must be hand delivered.
How can I obtain a bidder
s card for the Outcry Auction p ortion of the sale?
Bidders cards can be
purchased at the Department of Land Management, Sec
ond Floor, Fairbanks North Star Borough
Administrative Office from 8:00 A.M. Monday, August 11, 2008 through 5:00 P.M. Friday, August 15,
2008. The cost of a bidder
s card is $250.00. This amount must be in the form of cash, cashier
s check or
money order.
What guarantees do I have concerning these properties if I should be a successf ul bidder?
None
.
The Fairbanks North Star Borough does not guarantee title of any kind for properties purchased at the tax
sale. Title insurance may not be available for these
properties. If you need to have the title to this property
insured, you should consult a title company prior to bidding to determine whether title insurance will be
available. Additionally, the Fairbanks North Star Borough does not guarantee the suitabili
ty for any
particular use whatsoever on any of these properties.
What kind of deed will be issued?
A Tax Foreclosure Sale Deed.
How can I find out more i nformation about the properties to be sold?
Properties to be sold are
located throughout the Borough
and include vacant land and properties with improvements. Information
regarding the properties, general location, names of former record owners and minimum bid will appear in
the Fairbanks Daily News Miner beginning Sunday, June 15, 2008. A list of the pro
perties for sale and
detailed property information is available at the Department of Land Management in the Fairbanks North
Star Borough Administrative Office. In a sale of this nature, the former record owners have the right to
repurchase their property u
ntil the close of business (5:00 P.M.) on Friday, August 15, 2008. For the most
up
-
to
-
date information about available properties contact Tami Sheehan or Dawn Hellickson at the
Department of Land Management
,
459
-
1241.
How can I inspect the property?
The B
orough encourages you, the bidder, to personally inspect these
pro
perties before submitting a bid; however, t
he Borough advises you that there may be people living or
conducting business on the property. You should not enter a structure without the occupan
ts
permission.
If you are allowed to walk through the structure, please be courteous.
If a structure appears abandoned,
you should still knock before entering. If the doors are locked and there is no easy way of entering the
structure, forced entry is not
authorized.
If you are unable to fully inspect a property before preparing your
Rogue Tax Sale Investor
-
95
-
bid, then you may either refuse to bid or you may submit your bid without the inspection.
Inspections of
these properties are done at your own risk!
What happens if my bid sh
ould be the winning sealed bid?
You or your representative
must be
present to accept the winning bid. If no one is present to accept the winning bid, that bid deposit is
forfeited, and the person with the second highest qualified bid will have an opportuni
ty to accept the
property. Your 25% bid deposit will be credited toward the purchase price. High bidders have three
w
orking days (August 20, 2008 at 5:00 P.M.) in which to pay the balance of their bids for the properties. If
the balance is not received wit
hin the three days, the down payment is forfeited and the property is
offered to the next highest bidder.
If I am not the successful bidder, how soon can I get my deposit back?
Immediately following the
sale, deposits will be returned to low bidders or th
eir representatives (with power of attorney) upon
presenting picture identifications. Deposits not claimed at the time of sale may be picked up at the
Department of Land Management, Monday through Friday, 8:00 A.M. to 5:00 P.M.
What is a Limited Liability
Report issued by a title company?
This is a report used by the Fairbanks
North Star Borough showing all parties to whom notice is required under A.S. 29.45 prior to foreclosure.
These reports reflect parties with a financial or other interest in the prope
rty and are available for review;
however
,
it should be understood that they are
not
to be used for the purpose of closing a transaction that
will affect title to said property. It is recommended that potential bidders consult a title officer regarding
mat
ters of record which are important to them.
What happens to tax lien s which appear agai nst a proper ty?
Prior recorded tax liens of the state and
federal government remain a lien against the property and are not extinguished by the FNSB’s tax
foreclosure s
ale to a third party. If you wish to negotiate with the IRS regarding possible discharge of their
liens, contact Jill Pace, Technical Support Advisor, 206
-
220
-
5532.
All property is offered for sale “as
-
is”, “where
-
is” without recourse against the Fairbank
s North Star
Borough. No representation or warranty, expressed or implied, is made as to the validity of the title, size,
dimension, or condition
of any property, or its suitability for any use or purpose whatsoever. The
Fairbanks North Star Borough accept
s no responsibility for personal property on the premises at any
time.
FNSB personnel are not allowed to give you legal advice or interpret title documents. The FNSB urges
you to consult various professionals, including but not limited to, the US Army Cor
ps of Engineers, Alaska
Department of Environmental Conservation, FNSB Community Planning Department, architects,
engineers, surveyors, title examiners, or a real estate attorney, before making a decision
to bid.
In addition to the above Tax Foreclosure i
nformation, the following is a checklist of some things you may
want to consider before bidding. This list is not all inclusive. These may or may not apply or cover all
aspects that need to be considered on the property you want to bid on.
Checklist
x
Hav
e you completely read and understood the information provided in the Tax Foreclosure books
(see the FNSB Department of Land Management
809 Pioneer Road, 2nd Floor, Borough
Administrative Building, Fairbanks
,
Alaska).
x
Have you personally inspected the prop
erty? Is the parcel suitable for your anticipated use?
x
Have you considered what to do wi
th properties that are occupied;
i.e.
,
enter into
a landlord
-
tenant
agreement o
r evict? Are you familiar with the eviction process
reference Alaska Landlord Tenant
Ac
t guidelines?
x
Does the parcel have debris or abandoned vehicles that you wish to remove? If so, have
you
researched disposal methods;
i.e.
,
FNSB Landfill: 459
-
1482 or Department of Motor Vehicles: 452
-
1151
?
x
Are there any easements or other encumbrances on
the parcel?
x
Does the zoning of the parcel allow the use you anticipate for it? Is the parcel in a flood zone? Are
there use restrictions (covenants) for the parcel in which you are interested? The Department
of
Rogue Tax Sale Investor
-
96
-
Community Planning can answer these questions
for you. Call them at 459
-
1260 for more
information.
x
Does the parcel have adequate access year around for your vehicle? What provisions will be
necessary for a driveway?
x
Is the parcel affected by wetlands? Contact the U.S. Army Corps of Engineers at 474
-
2
166 for
information regarding wetlands.
x
Is there possible contamination or has there been illegal activities on the property you wish to bid on?
If so, have you checked with the Alaska Department of Environmental Conservation or other
professionals
;
i.e.
,
local law enforcement agencies in this area?
x
Is there a draft Prospective Purchaser Agreement with the Alaska Department of Environmental
Conservation associated with the property you wish to bid on? If so, have you talked with ADEC so
that you fully under
stand all of their expectations and obligations set forth regarding this property and
entered into an agreement with ADEC?
Note: The Draft Prospective Purchaser Agreement found in
the counter book is not effective until you officially enter into the agreem
ent with ADEC. Furthermore,
any prospective purchaser agreement is between you and ADEC. The Borough is not a party to your
agreement.
KENAI PENINSULA BOROUGH
,ALASKA
http://www.borough.kenai.ak.us
LAND
MANAGEMENT DIVISION
http://www.borough.kenai.ak.us/LandManagement/default.htm
The Kenai Peninsula Borough Land Management Division is responsible for the acquisition,
management,
and transfer of real property owned by the KPB.
Borough land is acquired either through
municipal entitlement from the State of Alaska, or by purchase, donation, or tax foreclosure.
The Division conducts annual land sales making Borough land available to
individuals for purchase.
Typically, both tax foreclosure and municipal entitlement lands are included in the sales.
(1) Land Sales
http://www.borough.kenai.
ak.us/LandManagement/KenaiPeninsulaBoroughLandSales.htm
Tax Foreclosure Outcry Auction
Tax foreclosed property is sold at public outcry auction. The Tax Foreclosure Sale is held approximately
September/October of each year providing there are sufficien
t parcels. The auction itself is held in the
Kenai Peninsula Borough Assembly Chambers at 144 N. Binkley Street Soldotna, Alaska. Advertising in
three local newspapers, the Peninsula Clarion, Seward Phoenix Log, and Homer News, begins 30 days
prior to the
auction, once a week for four weeks. In addition to the local newspapers, advertising may also
be present in Anchorage newspapers. Brochures are published in August and are available for pick
-
up at
the Kenai Peninsula Borough Administration Building, other
borough agencies, and public buildings.
Brochures may also be viewed 30 days prior to the auction on this website. The KPB does not maintain a
mailing list due to costs. The bidder does need to be present at the auction or have a representative with
power
of attorney to bid on their behalf. Bid registration begins at 9:00 a.m. on the day of the auction with
the sale commencing at 11:00 a.m. The bidder may not register by mail. Minimum bid amounts are equal
to unpaid taxes, penalty, interest and costs. The
KPB Assembly fixes these terms of sale via ordinance.
Payment can be made by cash, personal check, cashier’s check, or money order. Credit cards are
currently not accepted. A Tax Foreclosure Quitclaim Deed is used to transfer title.
Results from Previous
Year Tax Foreclosure Land Sales
2007
:
http://www.borough.kenai.ak.us/LandManagement/TaxForeclosure/2007TXFLOA/2007Results.htm
2005
:
http://www.borough.kenai.ak.us/LandManagement/TaxForeclosure/TXFResults.htm
2004:
http://www.borough.kenai.ak.us/LandManagement/Documents/TaxForeclosure_Results.pdf
Rogue Tax Sale Investor
-
97
-
(2) Contact Us
http://www.borough.kenai.ak.us/LandManagement/contact_us.htm
Kenai Penin
sula Borough
Land Management Division
144 N. Binkley Street
Soldotna, AK 99669
Phone: 907
-
714
-
2200
Fax: 907
-
714
-
2378
Email:
lmweb@borough.kenai.ak.us
KETCHIKAN GATEWAY BOROUGH
,ALASKA
http://www.borough.ketchikan.ak.us
BOROUGH LAND SALES
http://www.borough.ketchikan.ak.us/manager/RFP/rfp.htm
344 Front Street
Ketchikan, Alaska 99901
Phone: 907
-
228
-
6625
Fax: 907
-
247
-
6625
Results of Land Auction
Updated January 30, 2008
:
The Ketchikan Gateway Borough conducted a pu
blic land auction on May 31,
2007. The results are shown below. If you have questions please contact the Borough Manager's office at
(907) 228
-
6625 or send an email to the KGB Manager's Office at
mg
r_office@borough.ketchikan.ak.us
.
ROGUE INVESTOR NOTE
: See web page for result
s
of tax foreclosed properties
at the sale
.
MATANUSKA
-
SUSITNA BOROUGH
,ALASKA
http://www.co.mat
-
su.ak.us
LAND AND RESOURCE MANA
GEMENT DIVISION
http://www.matsugov.us/LandManagement
Matanuska
-
Susitna Borough
350 E. Dahlia Avenue
Palmer, Alaska 99645
Phone:
(907)
745
-
4801
Land and Resource Management Division
Phone: 907
-
745
-
9
869
Fax:
907
-
745
-
9635
Email:
lmb@matsugov.us
(1) Tax F oreclosed Properties
http://www.co.mat
-
su.ak.us/LandManagement/sales.cfm
Tax and LID Fore
closure Sale: no tax foreclosure sale offered at this time.
(1
a
) Tax and Special Assessment Local Improvement District (LID) Foreclos ure Sal e FAQ’s Flyer
http://www.co.mat
-
su.ak.us/LandManagement/documents/TaxandSpecialAssessmentLIDForeclosureSaleFAQs.pdf
Rogue Tax Sale Investor
-
98
-
Arizona
Tax Lien Sales:
Yes
.
Over
-
the
-
Counter Tax Lien Sales:
Yes. U
nsold parcels or assignments are “struck off to the
state.
”TheseparcelsarecalledStateCPs
(certificates of purchase)
.StateCPsarepurchased
at the Treasurer’s Office. The
final
date
for purchasing assignments is January 31.
Any
remaining
assignments are prepared for the tax lien sale in February. If a Stat
eCPparcelhas
current delinquent taxes that are scheduled for the February sale, the investor can pay the
current taxes and keep it from going to the annual tax sale. The interest rate for assignments is
the current maximum of 16%.
Tax Deed Sales:
Yes
,
conducted by the Board of Supervisors.
Over
-
the
-
Counter Tax Deed Sales:
Yes
.
Rating:
Four
Stars (****)
Interest Rate:
16%
Sale Period
:
T
ax lien sales
are held
in February.
T
ax deed sales
can be held any
time
during
the year, but are often in the fall
(November and December) or spring (March and April)
.
Redemption Period:
3years
for tax liens. No
extended
right of redemption following
the
tax
deed sale.
Bidding Process:
All
tax lien
a
uctions are by competitive bid, with the winning bidder accepting
t
he
lowest interest rate.
Some counties are now conducting their tax lien certificate auctions
online. Otherwise, a
ll bidders must be present to participate in the auction
(no bids by telephone
or mail).
Bidders must fill out a Bidder Information Card (obta
ined from
the
Client Services
Department) and request a Taxpayer Identification Number and Form W
-
9(obtainedfrom
the
Client Services Department or
the IRS). T
ax liens must be paid in full (all taxes, interest and
fees) by the end of the next day after th
etaxlienhasbeenpurchased.
Over
-
the
-
counter liens
and deeds can be bought before or after the yearly auction, either in person or through the mail.
State
-
Specific Information:
Arizona is one of the most famous tax lien states because
of its
16%
annua
linterestrate;however,taxliensalescanbecompetitive.
Many counties have tax
liens and full parcels of land for sale throughout the year.
Tax lien sale advertisements usually
appear in county newspapers about three weeks prior to the sale. All count
ies are also required
to publish a list online.
Listings of all parcels that are still available after the tax lien sale are
often
available as a
printout or on diskette for $50 from the Client Services Department at the Treasurer’s Office.
Also called as
signment purchasing, potential buyers can send a list of the parcels they want to
purchase to the Treasurer’s Offic
e, along with a certified check, cashier’s check, or
wired money
transfer to purchase tax liens that were not sold at auction.
The foreclosu
re process (going from lien to deed after the redemption period) is a little
complicated for investors. You can start foreclosure proceedings three years from the date of
the tax sale. Recent changes to the foreclosure process may result in the investor ne
eding to
hire an attorney to obtain a judgment deed. Previously, the investor could apply to the court for
adeed.
Rogue Tax Sale Investor
-
99
-
Yavapai County, Arizona Tax Lien Sale
Februar y 2004
My partner and I went to the sale in Yavapai County and were impressed. The sale wa
s fair,
the tax liens only got bid down to 6 to 8 percent on average, and there were many properties
available. About 10 percent of the liens did not get bid down at all, and went for 16 percent.
Overall, speaking with other Rogue Investors who have attend
ed Arizona tax lien sales, this is
still an excellent tax lien certificate state.
The following
is a tax lien bidding strategy to consider
in states where the l
ien interest rate gets bid down.
For
raw land in rural areas where the amount of taxes owed per year is small (less than $100
per year), it is sometimes okay to bid the liens down to 0 percent if you are trying to obtain the
deed. This is because you will not earn much interest when the lie
n amount is small. If you
have done your homework and are sure the property does not have environmental problems or
other potential issues that could make it hard to sell, a 0 percent bid is fine. We used this
strategy successfully at one of the Arizona sa
les, and we are fairly confident that at least one of
our winning bids will go to deed
.
Arizona County Links
:
See Arizona Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific I
nformation:
COCONINO COUNTY
, ARIZONA
http://www.coconino.az.gov
TREASURER’S OFFICE
http://www.coconino.az.gov/treasurer.aspx?id=548
110 E.
Che
rry Avenue
Flagstaff AZ, 86001
Toll free phone:
877
-
500
-
1818
Phone:
928
-
779
-
6615
Fax:
(928)779
-
6618
The 2008 Internet Tax Lien Certificate Auction has concluded.
(1) Tax C ertificate Process
http://www.coconino.az.gov/uploadedFiles/Treasurer/Tax%20Certificate%20Process
-
AZ.pdf
What are tax certificates (Certificates of Purchase)?
Tax due dates and delinquency dates are best
understood by example. In Ari
zona, one half of the property taxes become due October 1, and the
second half the following March 1. The first half of the taxes become delinquent if not paid by 5:00
p
.
m
.
on November 1 (of 2004 for example), and the second half become delinquent at 5:00
p
.
m
.
on May 1 (of
the following year, 2005). By the following December (2005), the treasurer in every Arizona county
prepares a list of the properties with delinquent taxes. The list is published in January or February (2006)
and delinquent notices are sen
t to the homeowners stating that a tax certificate will be auctioned on a
specified date if the taxes are not paid.
The tax certificate’s face amount consists of the sum of the following: delinquent real estate tax (may
include previous years
delinquent
taxes, penalties and costs), interest from the date of the delinquency,
advertising penalty fee, a charge for the issuance of the tax certificate, and the “Taxpayer Information
Fund” fee.
Tax certificates are a high priority lien against property
,
which m
eans there are very few other claims
against a property which would be paid before the tax certificate lien. It even supersedes some IRS liens.
Rogue Tax Sale Investor
-
100
-
The Auction.
The tax certificate auction must take place during the month of February. (Note: tax
certificates
and the auction of them are governed by Title 42, Chapter 18 of the Arizona Revised Statutes.
All requirements mentioned in this document come from Chapter 18 without the legalese).
To make a simplified analogy, think of the purchase of a tax certificate
as a loan to the property owner. In
return, the investor receives interest on the money loaned.
The tax certificate itself conveys no property rights. It is simply a “loan” carrying an interest rate. However,
if the certificate is not redeemed at the end
of three years, the certificate holder does have the right to
foreclose on the property and take possession after taking all the proper steps.
The county treasurer publishes the delinquent tax list and the auction notice at least one time in a
newspaper of
general circulation in the county. The publication is at least two weeks but not more than
three weeks before the date of sale.
The interest on a certificate ranges from 0 to 16%. Bids are entered with the certificate going to the bidder
willing to take
the lowest interest rate. Simple interest accrues on a monthly basis. If the certificate carries
an interest rate of 12%, then interest will accrue at
1% every month until the certificate is redeemed. If the
certificate is not sold, it becomes the property
of the state, bears an interest rate of 16%, and may be
purchased by visiting the treasurer’s office. Most counties today do not issue paper certificates. The
certificate is kept as an electronic file at the treasurer’s office.
Now you own a tax certific
ate, so what can happen next?
When the owner redeems the certificate,
they pay the delinquent taxes, interest, and assorted fees and costs, and a check is sent out with a notice
to the certificate holder.
The certificate can be sold and transferred to anot
her name.
If subsequent taxes become delinquent, the certificate holder may pay those and add them to the existing
certificate at the original interest rate after June 1 (after the second half taxes have become delinquent
but before they go to auction). S
ome treasurers interpret the statutes in such a way that they will only
allow one Certificate of Purchase to exist on a property at one time. As a result, an individual buying the
current year’s certificate must redeem any outstanding certificates as part
of the process. Paying
“subtaxes” prevents the early redemption of what may be a profitable investment.
After three years, if the delinquent taxes have not been paid, the certificate holder has the right to
foreclose on the property for monies owed.
If t
he certificate holder discovers that they really don’t want to own the subject property (it might have
turned out to be an environmental hazard site or a home that has burned down), and ten years pass
without the certificate being redeemed or the certifica
te property being foreclosed, the certificate expires
worthless.
The entire investment in the certificate is lost. Certificate buyer beware. Know what you are
purchasing.
(2) Internet Tax Certificate Auction FAQ
http://www.coconinotaxsale.com/faq.cfm
(3) Investing in Tax Liens
http://www.coconino.az.gov/uploadedFiles/Treasurer/Tax%20Lien%20Packet_032008
.doc
If you are interested in purchasing a tax lien certificate, please read the following information that is
enclosed in this packet very carefully.
1.
The Internet Tax Lien Certificate Auction is the means of offering delinquent secured property t
ax
es to
participating bidders.
The tax lien on the property is sold to an investor biddin
g the lowest rate of interest.
The highest rate of interest bid is
not to exceed 16%.
There is a $10.00 processing fee per parcel that is a
non
-
refu
ndable expense to the
investor.
The investor’s payment for the tax lien purchase at the Internet
Tax Lien Certificate Auction must be made via ACH.
2.
You are not purchasing property, only a
tax lien against the property.
A tax lien conv
eys no rights to the
property.
You ma
y not trespass or build on the property, nor should y
ou contact the owner directly.
The
tax lien is simply a “loan” carrying the interest rate of the successful bidder.
Rogue Tax Sale Investor
-
101
-
3.
Delinquent real property parcels on the delinquent parcel list may include personal
property that has
been attached to the real property parcel. A tax lien sold on a parcel with attached personal property does
not include the personal property in the certificate of purchase. The tax lien is secured by the value of the
real property only,
regardless of the delinquent tax amount paid. Upon foreclosure of the real property,
the title to the personal property does not convey to the lien holder.
4.
The purchase of a tax lien
is a “Buyer Beware” situation. Y
ou should verify the exact location
of the
parcel on a map in the County Assessor’s Office, County Recorder’s Office or via the County GIS
website.
You are advised to investigate the property, prior to purchasing the tax lien, to determine
whether the property would be of sufficient use or v
alue to you, should you be in a position to obtain a
judg
ment deed at some future date.
The type of real property in the county of Coconino varies
trem
endously. Y
ou should be aware that the property to which you may ultimately obtain a judgment deed
may be
contaminated by toxic matter, subjecting you
to costly cleanup or fines. View the property!!
If you
bid on a parcel at the Internet Tax Lien Certificate Auction, the expectation is that you will have done your
research.
5.
In Coconino County, the officia
l Tax Lien Certi
ficate Auction is held via the I
nternet with bidding
beginning in January with all bids closing or finalized the
third
Thursday in Fe
bruary.
A public notice along
with a delinquent tax parcel list is published in the Arizona Daily Sun, Ariz
ona Newspaper Association and
the Tax Lien
Sale Certificate Auction site.
Contact the Arizona Daily Sun at P.O. Box 1849
,
Flagstaff, AZ
86002 or call (928) 774
-
4545 if you wish to obtain a list of the properties that are being offered at the
Tax
Lien Certi
ficate Auction.
The listing
will also be available on the I
nternet at
www.azdailysun.com
or on the
official Coconino County Tax Lien Sale Certific
ate Auction website at
www.coconinotaxsale.com
.
6.
You can purchase a copy of the tax lien parcel list on CD or hard copy for a fee of $50.00 pl
us postage
of $3.00 for the CD and
$10.00 for the hard copy. If purchasing just before the Tax Lien Certificate
Auction, this lis
ting will become available at the time it
is published in the newspaper.
After the Tax Lien
Certificate Auction, an updated listing will be available on the Coconino County Treasurer’s web site mid
-
March for tax liens that were left over and become availab
le for over the counter purchase.
7.
Every year we receive requests for the names
and addresses of our investors.
We were informed by
the Coconino County Attorney’s Office that we cannot restrict this information.
8.
Anyone wishing to bid at the annual T
ax Lien Certificate Auction must have a b
idder number assigned
to them.
You will keep the same number each year as long as you hold tax liens in Coconino County
.
You
may verify your bidder number with the Coconino County Treasurer’s back tax department at
(928)
226
-
6003 or at (928) 779
-
6615.
Bidder numbers are assigned between the 1st of January and the day before
the tax lien sale via the Internet Tax Lie
n Certificate Auction website.
The balance of the year, all new
bidder numbers will be issued by the Co
con
ino County Treasurer’s Office.
Forms are included in this
packet and on the Coconi
no County Treasurer’s website at
www.coconino.az.gov/treasurer
.
9.
You should notify the Coconino County Treasure
r’s Office of any change of address to assure your
prompt receipt of redemption checks.
10.
You will receive a receipt upon payment of purchasing a tax lien indicating the percent rate of interest
you purchased the tax lien at and the C
ertificate of Purch
ase number.
Please keep this for your records
as it also becomes your Certificate of Purchase and is the only form of documentation that shows you
have purchased the tax lien.
11.
Per ARS 42
-
18151 a real property tax lien may be redeemed by: the owner, th
e owner’s agent,
assignee or attorney; or by any person who has a legal or equitable claim in the property, including the
holder of a tax lien certificate of a different date has the right to redeem a real property tax lien, which has
been sold.
12.
Prope
rty owners must redeem a tax lien through the County Treasurer
’s office.
When the property is
redeemed, the lien is removed and the Certificate of Purchase holder will receive a redemption check for
the amount of the certificate purchase plus the rate of i
nterest it was purchased at.
Rogue Tax Sale Investor
-
102
-
13.
If a tax lien has not been redeemed by the homeowner, the certificate of purchase holder must pay
the subsequent taxes each y
ear to protect their interest. Subsequent years’
tax payments will be
accepted on or after June 1
st. For example:
The 2007 subsequent taxes c
annot be paid until June 2008.
The County Treasurer’s office will mail a notice at the end of May to all tax lien certificate holders showing
each certificate held and
the subsequent tax amount due.
The total amo
unt due has been calculated with
in
terest good through June 30th.
If paying the subsequent taxes after this date, you must contact the
County Treasurer’s office for a new amount because interest is calcula
ted on the 1st of every month.
When you are request
ing information from the County Treasurer’s office for subsequent tax payments,
please state that you are an investor and provide your bidder number.
Subsequent taxes must be paid by
December 31
st
.
14.
Three years from the original date the taxes first go
to tax lien sale, you may proceed with a judicial
foreclosure if the property taxes have not b
een redeemed by the homeowner.
To start the foreclosure
process, you may choose to hire an attorney or opt for the Judicial Foreclosure
-
Self Help Packet that is
provided on the Coconin
o County Treasurer’s web site at
www.coconino.az.gov/treasurer
.
In the event
that the decision for foreclosure is rendered in the Plaintiff’s favor, the County Treasurer shall iss
ue a
Judgment Deed upon receipt of a certified copy of the judgment together with a fee of $50.00.
ROGUE INVESTOR NOTE
: Web page includes link to Bid Card form and to W
-
9form.
(4) Bidder Information C ard
http://www.coconino.az.gov/treasurer.aspx?id=6195
(a) Important Notice: Bidder Number Instructions for all
Internet Certificate Auction Participants
As of January 2008, you must register via the Internet Tax Certificate Auction website
to obtain a bidder
number between the first of January and the day before th
e official tax lien sale date.
Current bidders will
maintain their current bidder number and will still register on the Internet Tax Certificate Auction website
to be able to part
icipate in bidd
ing.
New bidders will be assigned a bidder numbe
r at the time of
registration.
The balance of the year all new bidders will be issued a bidder number by the Coconino
County Treasurer's Office.
All
bidders must go through the Internet Tax Ce
rtificate Auction website to register to bid in the In
ternet
Tax Certif
i
cate Auction.
The SSN or EIN or TIN you provide
must
match the name associated with the
number.
(b) Important Notice: Bidder Number Instructions for
over the counter purchases between
the second
week in March and the end of December
.
As of June 1, 2007 the county treasurer’s office will require you to have a W
-
9 form on fil
e.
Please fill out
the
following
forms:
Bidder Information Card, W
-
9 Form.
Please mail to: Coconino County
Treas
urer, Attn: Tamera, 110 E. Cherry Avenue,
Flagstaff, AZ 86001
.Or
fax to:
Coconino County
Treasurer,
Attn: Tamera at (928) 779
-
6618
.
(5)
2008
Delinquent Tax Sale List
http://www.coconino.az.gov/uploadedFiles/Treasurer/web_monthly_updateclkWEBMARCH.htm
ROGUE INVESTOR NOTE
:
The tax sale list
is available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
(6) Purchasing a
Certificate
http://www.coconino.az.gov/treasurer.aspx?id=561
Bonny K. Lynn,
Treasurer
110 E. Cherry
F
l
agstaff
,
AZ, 86001
Phone:
877
-
500
-
1818 or (928) 779
-
6615
F
ax
: (928)
779
-
6618
Rogue Tax Sale Investor
-
103
-
T
he Tax L
ien Certificate Sale will be held via the Internet with bidding b
eginning in January each year.
No
liens will be sold over the counter between January 1st and March 10th.
If you are inter
ested in purchasing a tax lien
over the counter between March 10th a
nd December 31st,
from the delinquent tax sale list, follow the steps below:
x
Read Investing in Tax Liens
(
http://www.coconino.az.gov/uploadedFiles/Treasurer/
Tax%20Lien%20Packet_032008.doc
).
x
Provide bidder number or complete and sign bidder information card.
x
Total amount due per parcel is listed on the delinquent tax list.
x
Payment must be postmarked by the end of the month in which the purchase is made
x
Mai
l all information to the above address.
x
For certificates purchased via the Intern
et Tax Lien Certificate Auction
(
http://www.coconinotaxsale.com
)
payment must be made via ACH on the payment wizard on the
tax
sale website.
x
For over the counter purchases between mid
-
March and the end of December, we accept
payments in the form of cash, cashier's check, personal ch
eck, money order or credit card,
unless
there are underlying certificates of purchase, which must b
e bought out by the new
investor. We require payment by certified funds when there are underlying certificates.
Research is to
be completed by the investor.
Buyers must beware.
Parcels with a 00 (zero
-
zero) in the map portion of the parcel number are imp
rovements only; no land
conveys.
Some real property parcels have mobile homes attached, w
hich are not part of the lien.
Again, it is the
responsibility of the investor to research all parcels. You can contact the office of the Assessor for
verification o
f mobile home status.
Maps are available in the Assessor's office or on this website via the Interactive GIS Mapping Site
(
http://gis
-
map2/ccgisbeta/index.asp
)
. To purchase a tax lien you must have a bi
d number assigned via
the Internet Auction Registration Pro
cess.
The only time the Coconino County Treasurer's office will
as
sign bidder numbers is between m
id
-
March and the end of December. You may verify your bid number
on the Tax Lien Certificate Auctio
n site during the tax lien sale period and with the Treasurer's back tax
department between mid
-
March and the end of December, at 928
-
226
-
6003 or
e
mail the Back Tax
Department (
http://www.
coconino.az.gov/contact/form.aspx?id=141
).
(7) Judicial Foreclosure
http://www.coc
onino.az.gov/uploadedFiles/Treasurer/Judicial_Foreclosure_Files/The%20Judicial%20For
eclosure%20Packet%20is%20currently%20being%20revised.doc
The Judicial Foreclosure Pac
ket is currently being revised.
Please contact the Coconino County
Treasurer’s Back
Tax Department for further information.
(8) Notice of Lien and Certificate Expiration
http://www.coconino.az.gov/treasurer.aspx?id=566
Rogue Tax Sale Investor
-
104
-
COCHISE COUNTY, ARIZ ONA
http://www.cochise.az.gov
TREASURER’S OFFICE
http://www.cochise.az.gov/cochise_treasurer.aspx?id
Marsha Bonham, Treasurer
1415 Melody Lane
P.O. Box 1778
Bisb
ee, AZ 85603
Phone:
(520) 432
-
8400
Fax: (520) 432
-
8438
Email
:
trsweb@cochise.az.gov
(1) Frequently Asked Questions
http://www.cochise.a
z.gov/cochise_treasurer.aspx?id=54
What happens if real property taxes become delinquent?
According to state law
,
once
the
delinquency date has passed
simple interest starts to accrue at 16% per year prorated monthly. Whether
paid on the last day of th
e month or the first day of the month, 1.333% will be due each month on the
amount of tax delinquent. After the May 1 delinquent date, if taxes are not paid before the following
January, an additional 5% (minimum $5.00) penalty is assessed. In February, al
l delinquent taxes will be
offered for sale at the annual Tax Li
en Sale. This is a sale of the c
ounty lien on delinquent parcels
not
a
sale of property. Once a property is in the tax lien sale it is
considered a
“back tax parcel”
(
http://www.co.cochise.az.us/treasurer/Cochise_Treasurer_Back_Tax.asp
)
. After three y
ears from the
date of the tax lien sale, the purchaser of the tax lien can foreclose on the lien and acquire
the property.
When is the tax lien sale?
Arizona law requires the
tax lien sale
to be held each February. The Cochise
County tax lien sale is the last Thursday of February
.
(2) Back Tax
http://www.co.cochise.az.us/treasurer/Cochise_Treasurer_Back_Tax.asp
As of December 31, 2003, by law the Treasurer can no longer process administrative fore
closure for
Treasurer deeds.
Certificates purchased during the 1999 Tax Lien Sal
e and after must process Judicial
foreclos
ure
for the issuance of Treasurer’s deeds.
For the latest up
-
to
-
date Back Tax List, select the desired document format below:
x
Email Back Tax Department:
treasurerbacktax@co.cochise.az.us?subject=Back%20Tax
x
Back Tax List (Excel format):
http://www.co.cochise.az.us/treasurer/BKTXLST.xls
x
Back Tax List (web page format):
http://www.co.cochise.az.us/treasurer/BKTXLST.htm
x
Back Tax List (PDF format):
http://www.co.cochise.az.us/treasurer/BKTXLST
.pdf
Click h
ere for an important notice regarding court case #2CA
-
CV 2005
-
2009 Ulan et al v. Pima
County:
http://www.co.cochise.az.us/treasurer/Tax_Lien_Notice_2CA_CV.asp
(3) Notice of Court Case
http://www.co.cochise.az.us/treasurer/Tax_Lien_Notice_2CA_CV.asp
To: All Investors that Purchase Tax Liens from Cochise County
As of July 1, 200
7, the Cochise County Treasurer shall change the calculation of investment interest
earned on certificates of purchase due to a court case #2CA
-
CV 2005
-
0069 Ulan et al v. Pima County.
Investors will no longer receive interest for the tax lien sale month o
f February. Interest will begin with the
month of March. I regret that this action is necessary; however
,
according to the attorney and auditor the
calculation must be changed.
Rogue Tax Sale Investor
-
105
-
I appreciate your support of the Cochise County Tax Lien Sale and look forward
to your continued
support.
Sincerely,
Marsha Bonham
Cochise County Treasurer
ROGUE INVESTOR NOTE
: The back tax list
is available on
the dat
a CD that accompanies this book
(within the file folder “Tax Sale Lists”).
BOA RD OF SUPERVISORS
http://www.cochise.az.gov/cochise_board_supervisors.aspx?id=224
1415 Melody Lane
, Building G
Bisbee,
AZ
85603
Phone
:
(520)
432
-
9200
Fax
:
(520)
432
-
5016
ROGUE INVESTOR NOTE
: Tax deed sal
es are usually held in March (sometimes in April).
MARICOPA COUNTY, ARI
ZONA
http://www.maricopa.gov
TREASURER’S OFFICE
http://treasurer.maricopa.gov
Charles Hosk
ins
, Treasurer
301 West Jefferson
,
Suite 100
Phoenix
,AZ
85003
Phone: (602) 506
-
8511
,
Touchtone: (602) 506
-
2348
Fax: (602) 506
-
1102
Email:
Treasurer@Mail.Maricopa.Gov
ROGUE INVESTOR NOTE
: Contact infor
mation
is
also at
http://treasurer.maricopa.gov/contact.htm
.
(1) Property Tax Calendar
(2007
-
2008
)
http://treasurer.maricopa
.gov/taxguide/calendar.htm
(2) Liens and Research
http://treasurer.maricopa.gov/research.htm
Lien tutorial
:
http:/
/treasurer.maricopa.gov/research/tutorial/tutorial.htm
Research material
:
http://treasurer.maricopa.gov/research/res_mat.htm
Excess proceeds report
:
http://treasurer.maricopa.gov/excessproceeds
CP expiration notices
:
http://treasurer.maricopa.gov/research/cp_expiration.htm
The Tax Lien Sale provides f
or the payment of delinquent property taxes by an investor. The tax on the
property is auctioned in open competitive bidding based on the least percent of interest to be received by
the investor.
Property taxes that are delinquent at the end of December
are added to any previously uncollected taxes
on a parcel for the Tax Lien Sale. The sale takes place in February of each year. Please read the
disclaimer
before deciding to bid, and see our lien FAQ page
(
http://treasurer.maricopa.gov/research/faq_lien.htm
)
and lien history page
(
http://treasurer.maricopa.gov/research/stats.htm
)
.
Rogue Tax Sale Investor
-
106
-
(3
) Research Material Buying Guide
http://treasurer.maricopa.gov/research/res_mat.htm
Research Material Buying Guide Brochure:
http://treasurer.mari
copa.gov/research/ResearchMatl.pdf
ROGUE INVESTOR NOTE
:
The b
rochure
contains research materials that can be ordered by the general
public. Titles inc
lude “Tax Sale Advertising List
and “State CP (Certificates of Purchase) Listing.”
(4) CP Expiration
Notices
http://treasurer.maricopa.gov/research/cp_expiration.htm
If a tax lien that was purchased on or before August 31, 2002 is not redeemed and the purchaser or the
purchaser's h
eirs or assigns fail to commence an action to foreclose the right of redemption on or before
ten years from the date that the lien was purchased, the certificate of purchase or registered certificate
expires and the lien is void pursuant to Arizona Revised
Statute 42
-
18208
(
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/42/18208.htm
)
.
ROGUE INVESTOR NOTE
: See web page for links to Official CP Expiration Not
ifications.
(5
) Frequently Asked Questions
http://treasurer.maricopa.gov/taxguide/faq_gen.htm
What happens if I don't pay my property taxes?
Several things occur. Interest is assessed b
y state law
at 16% per annum prorated monthly. If the taxes are not paid in full within 13 months, an advertising fee
of 5% or $5.00, whichever is greater, is assessed and during the sixteenth month the Treasurer's Office
offers a tax lien on the property
for sale. If the tax lien is not redeemed within three years from the date of
sale, the purchaser may initiate foreclosure proceedings.
(6
) Tax Lien Sale Guide
Introduction
ht
tp://treasurer.maricopa.gov/research/tutorial/tutorial.htm
Tax Lien Sale Disclaimer:
http://treasurer.maricopa.gov/research/disclaimer.htm
Tax Lien Sale FAQ:
http://treasurer.maricopa.gov/research/faq_lien.htm
Tax Lien Sale Recommendations:
http://treasurer.maricopa.gov/research/recommendation
s.htm
Lien History Statistics:
http://treasurer.maricopa.gov/research/stats.htm
Tax Lien Sale Brochure (PDF):
http://t
reasurer.maricopa.gov/research/TaxLienSale.pdf
Application for Bidder Number (Bidder Information Card):
http://treasurer.maricopa.gov/research/cp_bidder_card.pdf
Arizona Tax Lien S
ale Calendar:
http://treasurer.maricopa.gov/research/az_calendar.htm
The Tax Lien Sale provides for the payment of delinquent property taxes by an investor. The tax on the
property is
auctioned in open competitive bidding based on the least percent of interest to be received by
the investor.
Property taxes that are delinquent at the end of December are added to any previously uncollected taxes
on a parcel for the Tax Lien Sale. The sa
le takes place in February of each year.
Please read the
disclaimer (
http://treasurer.maricopa.gov/research/disclaimer.htm
) before deciding to bid, and see the lien
FAQ (
http://treasurer.maricopa.gov/research/faq_lien.htm
) page and lien history
(
http://treasurer.maricopa.gov/research/stats.htm
) page.
Pa
rcels whose taxes are subject to sale will be advertised, in January, in a Maricopa County newspaper
of general circulation. They are listed by sequence number. Parcels fall into 1 of 2 groups. Each group is
sorted by parcel number.
The advertisement app
ears about three weeks before the auction
and is also posted on the Internet
.
Copies of the newspaper are usually available for purchase at the Tre
asurer's Office. In addition a
CD of
those parcels can also be purchased.
Rogue Tax Sale Investor
-
107
-
The investor is responsible for al
l research on the parcels available for auction. County maps for research
may be obtained by visiting the Maricopa County Assessor's Office. Read our Recommendations
(
http://treasurer.maricopa.gov/research/recommendations.htm
) to all bidders.
Pre
-
Sale Requirements:
To be eligible to bid, investors must provide the Treasurer's Office with a
completed Bidder Info
rmation Card (
http://treasurer.maricopa.gov/research/cp_bidder_card.pdf
)
and
Request for Taxpayer Identification Number and Certification (IRS Form W
-
9
,
http://www.irs.gov/pub/irs
-
pdf/fw9.pdf
,
or W
-
8). A number will be assigned to each bidder for use when purchasing tax liens.
Proxy B
id P rocedure:
In a live auction, a bidder will lower his bid by one percent increments until he
is
the only bidder left or until the interest goes below his acceptable minimum level, at which point he would
drop out. Proxy bidding is a form of competitive sale in which bidders enter the minimum interest rate that
they are willing to accept for each
certificate. The auction system acts as an electronic agent, submitting
bids on behalf of each bidder. The result of the proxy system is that the electronic agent keeps lowering
the bid to submit by one percent increments until you a
re either the only bidd
er left
(in which case you get
the certificate at one percent lower than the previous bid)
,
or until you reach the floor you have set. Zero
percent bids will not be treated as proxy bids. They will be awarded at zero.
If you are the only bidder on a
given certificate and your minimum rate is greater than zero percent, the
electronic agent will submit a bid of 16% on your behalf.
In the case of a tie at the winning bid rate, the system awards to one of the tie bidders through a random
selection proces
s using a random number generator.
In no case will a bidder be awarded a certificate at a rate lower than his specified minimum acceptable
rate.
Certificates that receive no bids will be "struck to the state" at 16%.
The successful bidder will pay th
e entire amount of taxes, interest, and fees via ACH debit by the end of
the next business day. If payment has not been made the parcel(s) may be re
-
offered.
The sale will continue until all liens are sold or the lack of bidding warrants discontinuing the
sale.
Each investor will receive a Final Tax and Unmatured Portfolio Report identifying each parcel for which
the investor had acquired a tax lien.
When making an inquiry on a property, use the parcel number located in the left column of the Portfolio.
Bid Interest:
Bids must be on the basis of interest income to the bidder:
x
The maximum bid is 16% simple interest per annum, prorated monthly. The lowest acceptable bid
is 0% per annum.
x
The successful (lowest) bid will determine the rate of interest to
be paid on the Tax Lien,
representing the amount of taxes, interest, fees and charges then due.
Redemption of Liens:
If the owner and/or agent redeems the property, the investor receives a payment
of what they paid for the lien, less the processing fee, p
lus the prorated monthly rate of interest that was
awarded at the sale.
Deeds:
When a property owner fails to redeem the CP prior to the expiration of three years from the date
the parcel was first offered at sale, the
investor may apply for a court
order
ed deed to the property
(judicial foreclosure). As of December 31, 2003, the Treasurer's Office does not issue Treasurer's deeds
on buyer purchased CPs. All buyer foreclosures are judicial.
Assignments:
Assignments offer the investor an alternative way to
purchase liens on parcels at a time
other than the Tax Lien sale.
The unsold parcels "struck off to state" (State CPs) at the Tax Lien sale are available to investors by
assignment. Assignments will be available upon completion of all Sale Week transact
ions.
Rogue Tax Sale Investor
-
108
-
Assignment purchases may be made in person or by mail. Payment must accompany the request.
Available parcels are listed as "STATE CP" on a printout located in the Client Services Department of the
Treasurer's Office.
This listing is available for
purchase in two forms, printout or diskette, for $50 each. It lists the tax amount
and year involved. The buyer will pay the entire amount of taxes, interest, and fees due at the date of the
assignment. Assignment purchases are not allowed during the tax s
ale auction.
Note: If a parcel also has
current delinquent taxes in addition to "State CP" taxes, the investor may purchase both after June 1, and
prevent the parcel from going to the Tax Lien
s
ale.
Assignment Purchasing:
The buyer will submit a list of d
esired parcels to the Treasurer's Office, along
with a cashier's check, money order, certified check, or wire transfer for the approximate total. The
submittals will be recorded and processed in the order in which they are received. Should the original
pay
ment be in excess of the amount due, a refund will be issued.
Assignment purchases are processed up to the amount received. Parcels not covered by funds on hand
must remain available to other buyers. The interest earned on an assignment will be the curren
t statutory
maximum (16%).
"Assignment" must be specified to prevent an inadvertent processing of a redemption of a Certificate of
Purchase.
Subtax:
Subsequent Tax (Subtax) can be added to an existing lien to protect the investor's fiduciary
interest. T
he subtaxing of the current year's taxes onto
an
existing lien begins June 1 and ends January
31. All rema
ining taxes go to the Tax Lien S
ale in February.
The investor is responsible for the research of the parcel's unpaid taxes. The subtax consists of ta
xes,
interest, and fees dependent on the date the taxes are being paid. There is an additional $5.00 fee for
each purchase submitted for subtax to be applied for each year requested.
The payment procedure for a subtax is the same as for assignments. The i
nterest earned on a subtax is
the same as that of the original CP.
Transfer of Certificates of Purchase:
If not redeemed, a CP may be transferred by affidavit to another
person who has a Bidder Identification Card on file with the Treasurer's Office. Ther
e is a $10.00 transfer
fee. The Treasurer's Office must be notified of the transfer for it to be valid. The Treasurer pays the
redeemed taxes to the last CP holder on record.
Monthl y Activity Statement:
An Activity Statement will be sent to each CP buyer
listing their
redemptions, purchases, and surrenders. Statements will not be sent for those accounts that have not
had activity.
ROGUE INVESTOR NOTE
: The Maricopa County tax lien sale is
usually
held the
first f
ull week before
President’s Day in February
.
(6
a) Tax Lien Sale Disclaimer
http://treasurer.maricopa.gov/research/disclaimer.htm
Excerpt
from web page
:
Pursuant to Arizona Revised Statues, Section 42
-
18201, you must hold the
certificate for a period of three
years from the date of original offering before initiating an action in Superior Court. You are advised to
investigate, prior to bidding, to determine whether the property would be of sufficient use or value to you
should
you be fortunate or unfortunate enough to be in a position to obtain a deed at some future date.
Legal descriptions are obtained from the assessment and tax roll generated by the County Assessor,
who, by the way, does not guarantee the descriptions are c
omplete or entirely correct. You are advised to
independently verify legal descriptions prior to bidding. Otherwise, difficulties, including obtaining title
insurance, may occur in connection with foreclosure.
Rogue Tax Sale Investor
-
109
-
In the event the Board of Supervisors, by res
olution, retroactively cancels a property or corrects the
valuation
or classification of a property,
you may not receive the anticipated interest.
The tax lien you wish to purchase may be rescinded due to a pre
-
existing stay order from Bankruptcy
Court.
In that case, only your purchase price will be refunded to you at such time as the existence of the
stay order affecting a particular property is made known to the Treasurer.
In the event of bankruptcy proceedings either before or after the sale of the li
en, there is no guarantee the
purchaser of the tax lien will receive the anticipated interest, or any interest whatsoever. The United
States Bankruptcy Cour
t will make that determination.
In the event a property has been split from another property with d
elinquent taxes, there may be tax liens
prior and superior to the one you are purchasing. You are advised to research such genealogy and tax
status prior to bidding.
Due to re
-
platting, conveyances, etc., real estate may have a different legal descriptio
n and
/
or different
parcel number for different tax years. Once again, you are advised to research the genealogy of a
property prior to bidding in order to buy all delinquent taxes under all numbers for that property.
So that Maricopa County may report int
erest received by certificate holders in accordance with Internal
Revenue Service regulations, this Office is required by the Federal Government to obtain the tax
identification number of the buyer at the time of purchase of the tax lien. Accordingly, plea
se present your
properly executed form W
-
9 to the cashier together with your payment. Pay particular attention to any
change in your current business status, s
uch as a new corporation or subchapter “s,”
etc. Processing of
your certificate will not begin un
til a properly filled out W
-
9 is received
, no exceptions.
New regulations
implemented by the Federal bureaucracy require us to withhold 31% of the proceeds for non
-
compliance
or incorrect reporting of the tax identification number to the IRS.
You are adv
ised that, pursuant to the laws of the State of Arizona, specifically ARS 42
-
18116, in the
event a person to whom a tax lien has been sold fails to pay the amount due and the sale has closed, the
Treasurer may recover the amount bid by civil action in a co
urt of competent jurisdiction.
At the completion of each day, you may submit written requests for parcels already offered and not bid
on. The total for these requests will be included in the next session
’s
total.
(6b) 2008 Tax Sale Det ails
http://treasurer.maricopa.gov/research/details.htm
1. The Tax Lien Sale of unpaid 2006 real property taxes will begin on February 1st, 2008. The Treasurer’s
tax lien auction web site should be availa
ble by January 17th, 2008. If you do not have access to a
computer, the Treasurer’s Office will provide public access computers by appointment at designated
locations.
2. To be eligible to bid, you must complete the following steps on the web site:
a) C
omplete online registration
b) Complete IRS Form W
-
9
c) Submit a deposit (online via ACH)
d) Establish a budget
e) R
eceive bidder number assignment.
A social security number or tax identification number must be provided for each buyer and must belong
to
the person listed on the W
-
9 form. The tax certificate list, redemption checks and 1099 interest earnings
will be issued exactly as indicated on your W
-
9 form. Until the tax sale is complete, no changes will be
made to the bidder number issued. A change
of name or tax identification number will constitute an
assignment and is subject to
a
service charge for each certificate changed.
3. A deposit of 10% of your expected bids must be made prior to the close of any batch in which you
intend to submit bids.
A minimum deposit of $500.00 is required for each bidder. All payments must be
made via the Payments Page on the web site. Payments will not be accepted via any other means. There
will be no exceptions to these requirements.
Rogue Tax Sale Investor
-
110
-
4. Bidding starts at 16% and i
nterest is bid down until sold. Bids may be made in 1 percent increments. A
"zero" interest bid will get the bidder the certificate with
no
interest. When your bid is recognized as the
low bid on the Results Page, you are obligated to pay for the certifica
te even if the bid was unintentional.
5. The properties will be auctioned in the order listed in the newspaper. Bidders will be able to begin
entering interest rates on the web site beginning the day that the first newspaper advertisement is
published. So
me items listed in the newspaper and on the web site will not be auctioned due to payments
being received after the list was prepared for publication.
6. After the sale, the successful bidders are given a date by which they must pay the balance due via
AC
H Debit on the Payments Page of the web site. A listing of certificates purchased will be provided to
each buyer. A bidder failing to make payment in the specified time will forfeit the deposit, and the
certificates will be re
-
sold.
7. The Treasurer reser
ves the right to cancel or correct certificates issued in error. Interest payments may
be affected by bankruptcies, U.S. Marshal seizures, property taken over by a receiver, etc.
8. Caution: This is not a sale of real property. It is a lien for the amount
of delinquent taxes plus interest
and other fees. Contact with property owners initiated by certificate owners to encourage payment at any
time is not recommended. Contact or behavior of a certificate holder deemed unfair or deceptive may
result in crimina
l prosecution. An "Action to Foreclose" filed in the Superior Court three years from the
sale date is the only method to compel payment.
(6
c
) Frequently Asked Questions
Regarding Tax Liens
http://treasurer.maricopa.gov/research/faq_lien.htm
What happens when property t axes b ec ome d elinquent?
Delinquent property taxes accrue interest at
an annual rate of 16% simple interest prorated monthly. In addition, when a property tax lien is listed
for
sale there are advertising fees ($5.00 or 5%
,
whichever is greater) plus sale fees.
Are delinquent taxes publicized?
The Treasurer’s Office must publish the list of delinquent taxes at
least once
,
not more than three weeks before the sale but not le
ss than two weeks. The list is published
in a newspaper of general circulation and is selected by the County Board of Supervisors.
What does the newspaper ad contain?
The place, date and time of the tax certificate sale. A listing of
each parcel showing
the parcel number, delinquent tax amount, the property
owner's name, and the
property’s
legal description. In addition, each listing includes the Assessor’s full cash value of the land,
improvements and any personal property associated with the property. T
he parcels are consecutively
numbered for reference during the sale.
Where can I get a list of delinquent taxes?
The parcel list will be advertised in the Arizona Business
Gazette. The publication date is January 17, 2008. You may also access the list at
www.ananews.com
approximately one week after the publication date.
You can find a copy of this publication beginning January 17, 2008
at any newsstand;
see
www.abgnews.com
f
or locations.
The Arizona Business Gazette
P.O. Box 194
Phoenix, AZ 85001
-
0194
Phone:
602
-
444
-
7312
May I obtain a list on CD?
Yes, contact the Treasurer's Office at 1
-
602
-
506
-
5850 if interested; the cost
is $25.00 and will be available January 17th,
2008.
What are "tax lien certificates"?
They are a first lien on the real estate. Buyers are provided a listing of
all certificates purchased.
How does someone acquire a tax lien certificate?
At the public auction conducted each February. The
auction
is called a Tax Lien Certificate Sale.
Rogue Tax Sale Investor
-
111
-
When is the Tax Sale?
The 2008 Tax Sale will be held Friday, February 1st.
Where will the sale be held?
The Tax Sale will be conducted completely on the Internet.
When are my bids due?
Bids can be submitted on th
e web site once the Advertised List is published on
the Internet, usually in mid January. The advertised list will be divided into several batches. Bids can be
withdrawn or altered at any point up to the closing of the batch on the day of the sale.
Who m
ay participate in the Tax Certificate Sale?
A
nyone. To participate in the sale a bidder must
register with the Treasurer’s office. A person must visit the office and complete a Bidder Information card.
The Office requires your legal name, the name of a con
tact person, a valid mailing address, current
phone number, email address, and Tax ID number. To obtain the card and form, you can come into our
office, email us at
treasurer@mail.maricopa.gov
, or downloa
d the bidder form.
Beginning January 11th the registration process may be completed on the Internet via the Tax Sale Web
site. A bidder number is assigned for identification purposes during the sale. Bidders are required to make
a deposit via ACH Debit on
the Tax Sale Web site Payments Page that is 10% of the estimated amount
they intend to purchase. The Treasurer’s Office requires a minimum deposit of $500.00. The deposit may
be increased any time prior to the close of the auction.
What do I do if I for
get my password?
Please be careful to remember your password, as it is the key to
your access to the Tax Sale Web site. If, however, you forget your password, it may be recovered easily
by clicking on the "Forgot your password?" link on the Tax Sale Web si
te home page. When you provide
your matching personal information, a new temporary password will be sent to your registered email
address. This password will need to be changed after your next login.
If one bidder wants to purchase for several buyers, ho
w is this handled?
It is the responsibility of the
bidder to maintain their own accounts.
Will the Treasurer's Office research parcel information for me?
No, the bidder must conduct any
research surrounding potential purchases. Utilize Parcel Inquiry to
research parcel information.
Where may I obtain c opies of the Arizona Revised Statutes t hat pertain to the tax liens?
Statutes
are available online (Title 42, Chapter 18, beginning with Article 3), and at the Mar
icopa County Law
Library, 101 W.
Jefferson
Street, Phoenix
,
AZ 85003
,p
hone 1
-
602
-
506
-
3461.
What is an Internet auction?
An auction in which bids are transmitted and received through the Internet
using a computer and a web browser.
How does the bidding proceed?
Each item is auctioned in the or
der listed in the publication. The
bidding begins at 16% (the maximum rate) and is bid down. The "winning" bidder's number and rate of
interest are recorded. Any item not bid upon is "sold" to the State.
What equipment or software do I need to be able to
participate?
A bidder must have a computer with
Internet access and a web browser (recommended: Internet Explorer 5.0 or higher on Windows 98, Me,
NT, 2000, or XP; Netscape 7.1 or higher; or Mozilla FireFox 0.8 or higher). If you do not have access to a
c
omputer, the Treasurer’s Office will supply computers for training and/or bidding by appointment. You
can reach the Treasurer’s office at (602) 506
-
8511. Also, many public libraries and other buildings make
computers available to the general public.
Who
will show me how to use the Internet auction system?
Users are encouraged to participate in a
Self Demo, Trial Auction or a Guided Demo prior to bidding.
Self Demo
:
Please click the Demo button on the Tax Sale Web site Home page and follow the
instructio
ns. The instructions are designed to lead users through the auction process.
Trial Auction
:
Please click the Trial Auction button on the Tax Sale Web site Home page. The Trial
Auction is a simulation of a real auction, in which bidders practice bidding a
nd, subsequently, viewing
auction results.
Rogue Tax Sale Investor
-
112
-
Guided Demo
:
Please contact Auction Support to receive a Guided Demo (which is available only after
user completes the Self Demo). Auction Support will guide the user through the auction process on the
website ov
er the phone at 800
-
410
-
3445 x1.
What is a batch?
A Batch is an auction subgroup of the Advertised List that serves as a means of
organizing tax certificates for the purpose of facilitating bid submission. Each tax certificate in each Batch
is auctioned
independently of every other tax certificate and arranged in sequential order with a unique
auction closing time for each Batch.
What is proxy bidding?
In a live auction, a bidder will lower his bid by one percent increments until he is
the only bidder l
eft or until the interest goes below his acceptable minimum level, at which point he would
drop out. Proxy bidding is a form of competitive sale in which bidders enter the minimum interest rate that
they are willing to accept for each certificate. The auct
ion system acts as an electronic agent, submitting
bids on behalf of each bidder. The result of the proxy system is that the electronic agent keeps lowering
the bid to submit by one percent increments until you
are either the only bidder left
(in which cas
e you get
the certificate at one percent lower than the previous bid)
,
or until you reach the floor you have set. Zero
percent bids will not be treated as proxy bids. They will be awarded at zero.
If you are the only bidder on a given certificate and you
r minimum rate is greater than zero percent, the
electronic agent will submit a bid of 16% on your behalf.
In the case of a tie at the winning bid rate, the system awards to one of the tie bidders through a random
selection process using a random number
generator.
In no case will a bidder be awarded a certificate at a rate lower than his specified minimum acceptable
rate.
Certificates that receive no bids will be "struck to the state" at 16%.
When do the bidders ha ve to pay the amount due for their
purchases?
Bidders will receive an email
invoice on February 1st, 2008 indicating the total amount due, if any. All payments must be made via
ACH Debit on the Payments Page of the Tax Sale Web site by no later than 5:00 p.m. on February 2nd,
2008. Failure
to pay by that date results in the forfeiture of the deposit and makes the certificates
available for re
-
sale.
What is an ACH debit?
An ACH debit is an electronic funds transfer from your bank account, initiated by
the Treasurer with your prior authoriza
tion. Debits entered on the Payments Page of the web site will be
submitted immediately for processing. Funds must be drawn from a U
.
S
.
financial institution. Some types
of money market, brokerage, and/or trust accounts cannot accept ACH debits. Please che
ck with your
financial institution prior to initiating payment on the web site. For more information on ACH, please visit
the NACHA, the Electronic Payments Association at
www.nacha.org
.
What happens to my security d
eposit if I don't win any certificates in the auction?
Refund of
unused monies to your account will take about 2 weeks to complete. Refunds are issued via ACH debit
by the Treasurer 7 to 10 business days after the auction date. You will be notified about y
our refund by
email.
How does the holder of the certificate receive the interest income?
The Treasurer remits the
principal (face amount of certificate) and the interest earnings if the property taxes are paid by the owner
or an agent.
Can interest rat
es be changed after the bid?
If a certificate should be cancelled or reduced, the interest
earned will be 10% per year, simple interest or the rate of interest bid at the tax certificate sale, whichever
is less on the cancelled or reduced amount. Bankruptc
y rulings may also affect interest rates.
Why would a certificate be cancelled or reduced?
To correct errors, omissions, or double
assessments and when ordered by a court.
Rogue Tax Sale Investor
-
113
-
Are tax sale certificates transferable?
Certificates may be transferred by compl
eting an endorsement
form and paying the applicable fees, prior to redemption.
What about tax cer tificates issued to the state?
State held tax certificates
may be acquired by
individuals after the close of the tax sale. The Treasurer’s Office will announ
ce the date(s) these
certificates become available on the main page of our website.
What is the "life" of a tax certificate?
Certificates are dated as of the date the purchase was made. Ten
years later, if the purchaser has taken no additional action to
foreclose the tax lien, the lien expires and is
voided. No payments will be made to the purchaser. A purchaser may initiate a Judicial Foreclosure
action after three years from the initial purchase date.
What is the tax deed process?
Any certificate hold
er including the County may file an “Action to
Foreclose” in the Superior Court of Maricopa County three years from the date of the sale.
How do we find out what tax liens were not purchased?
The
State CP Report
will be available for
public viewing in ou
r customer service area or you can purchase a CD containing this list for $50.00 after
the sale.
When will the liens not p urchased at the sa le be available?
To be announced at a later date. These
purchases will have additional fees included that are non
-
interest earning and non
-
refundable.
Are certificates printed?
The Office is
paperless
; this means Certificates are no longer printed. At the
end of the sale, you will receive an itemized listing of the certificates you purchased including their costs,
v
ia email from Bid Maricopa. Additionally, the Maricopa County Treasurer's Office will send to you, via
USPS, an activity report on the
third
business day of each month when activity has occurred on any of
your certificates in the prior month. Finally, an u
nmatured portfolio will be sent to you at the end of the first
week of March, via USPS.
How are we notified when liens have been redeemed?
Monthly a
ctivity statements will be sent out the
third business day of each month to
only
those buyers that have ac
tivity in that month. For those
paperless buyers, the Office will process the refund check the same day or following business day. If
multiple redemptions occur in the same day, a person may receive one check for various liens. The stub
will be itemized wi
th the parcel, CP and dollar amount per lien. The Office has the capability to include 11
redemption amounts per check.
(6
d
) Tax Li en Sale Recommendations
http://treasurer.maricopa
.gov/research/recommendations.htm
Important Notice
:
As a potential investor of tax liens, you are advised to thoroughly research all aspects
of property you are interested in to determine its value to you.
(See also, Disclaimer
:
http://treasurer.maricopa.gov/research/disclaimer.htm
.
)
What You Should Do/Know:
You should independently verify legal descriptions of properties before
bidding. Otherwise, difficulties, including obtaining ti
tle insurance, may occur during foreclosure
proceedings.
You should research genealogy and tax status of properties before bidding. Maricopa County and the
Maricopa County Treasurer make no title warranties on properties at the sale. Neither the County n
or the
Treasurer warrant
s
title concerning disclosed or undisclosed title problems including any environmental
problems.
You should know that on certain parcels, in addition to the ad valorem taxes offered for a tax lien sale,
there may be special assess
ments due that are unknown to the Maricopa County Treasurer.
You should know that in the event the Board of Supervisors retroactively cancels a property or corrects
the valuation or classification of a property by resolution, you may not receive the anti
cipated interest.
Rogue Tax Sale Investor
-
114
-
You should know that the tax lien which you wish to purchase may be rescinded due to a pre
-
existing
stay order from bankruptcy court. In
that
case, only your purchase price will be refunded to you at such
time as the existence of the st
ay order affecting a particular property is made known to Maricopa County
and the Maricopa County Treasurer.
You should know that in the event of bankruptcy proceedings either before or after the sale of a tax lien,
there is no guarantee that the investo
r of the tax lien will receive the anticipated interest or any interest
whatsoever. The United States Bankruptcy Court will make that determination.
Resources:
A wide variety of research materials on property tax liens are available to the general public
.
The Maricopa County Treasurer’s Office has computers, and microfiche and microfilm
,
to research
County and Treasurer’s Office records. A county borders boundary map is displayed in our customer
service area to assist you in determining property locations
. Client Service representatives of the
Treasurer’s Office are available Monday through Friday, between 8:00 a.m. and 5:00 p.m. to assist in
answering tax lien questions.
You may obtain general tax information by
reviewing this website, as well as the As
sessor website
at
http://www.maricopa.gov/assessor
.
In addition
to our website
, the Treasurer’s Office offers computer dial
-
up accounts. For additional information regarding these services, please contact o
ur office at (602) 506
-
8511. To obtain copies of Arizona Revised Statutes, you may visit the Maric
opa County Law Library at
101 W.
Jefferson Street, Phoenix, AZ, phone
:
(602) 506
-
3461, or check out A.L.I.S. (Arizona Legislative
Information Services) at
http://www.azleg.state.az.us
.
(6
e
) Tax Lien Statistics
http://treasurer.maricopa.gov/research/stats.htm
Tax Sale History
:
http://treasurer.maricopa.gov/research/stats.htm#1
Liens Sold
as of 2
/2
9
/200
8
:
http://treasurer.maricopa.gov/research/stats.htm#2
Outstandin
g
Sold Liens
as of
2
/2
9
/200
8
:
http://treasurer.maricopa.gov/research/stats.htm#3
Redeemed Sold Liens
as of
2
/2
9
/200
8
:
htt
p://treasurer.maricopa.gov/research/stats.htm#4
State Liens
as of
2
/2
9
/200
8
:
http://treasurer.maricopa.gov/research/stats.htm#5
ROGUE INVESTOR NOTE
: Web page also includes tax sale histo
ry for sale years 1997 to 200
7
.
(6
f
) Application for Bidder Number
http://treasurer.maricopa.gov/research/cp_bidder_card.pdf
All participants in the bidding at the
Back Tax Sale
m
ust be identified before
bidding.
(
6
g) Arizona Tax Lien Sale Calendar
http://treasurer.maricopa.gov/research/az_calendar.htm
Arizona tax lien sales by county.
BOA RD OF SUPERVISORS
http://www.maricopa.gov/BOS/contact.aspx
301 W. Jefferson, 10th Floor
Phoenix, AZ
85003
Phone:
(602) 506
-
3416
ROGUE INVESTOR NOTE
: Tax deed sales are
schedule
d
when
there are
enough properties to
warrant
a sale
(no set time of year)
.
Rogue Tax Sale Investor
-
115
-
MOHAVE COUNTY
, ARIZONA
http://www.co.mohave.az.us
TREASURER’S OFFICE
http://legacy.co.mohave.az.
us/depts/bos/bos_default.asp
(1) Tax Lien Sale
http://www.co.mohave.az.us/ContentPage.aspx?id=132&cid=223
This year
s Tax Lien Sale will be held online by Realauction.com
:
www.mohavetaxsale.com
.
The total dollar amount purchased from the 2008 annual tax sale was $1,405,655.78. Tax liens sold on
3091 parcels.
We are accepting assignment requests as of 8:00
a
.
m
.
, April 2, 2008.
Dow
nload p
arcels available for assignment:
http://resource.co.mohave.az.us/File/Treasurer/parcelsavailableforassignment.pdf
Each year, no further a
ssignments w
ill be accepted after the last Friday in November, until the Tax Lien
Sale is complete.
Download Sale Information
:
http://resource.co.mohave.az.us/File/Treasurer/taxsal
einstructions.pdf
We suggest you print the form and read it carefully. Although we are happy to answer inquires, many
questions can be answered after reading the form.
Download Assignment Requests
:
http://resource.co.mohave.az.us/File/Treasurer/assignmentrequest.pdf
We suggest you print the form and read it carefully. Although, we are happy to answer inquires, many
questions can be answered after reading the form.
Download Judicial For
e
closure Procedures
:
http://resource.co.mohave.az.us/File/Treasurer/QuietTitleInstructionspurchaser.pdf
Download 2008 Tax Sale Resul
ts
:
http://resource.co.mohave.az.us/File/Treasurer/2008taxsale_results.pdf
The report is lengthy, about 100 pages. It includes all parcels in the 2008 tax lien sale.
Bidder numbers
are not included. If a parcel had been bid to 0% or 16% it may be available for assignment request.
Download W9 Form
:
http://resource.co.mohave.az.us/File/Treasurer/fw9
.pdf
2008 Tax Sale Parcel List
:
http://legacy.co.mohave.az.us/depts/treas/tax_sale.asp
For inquires about assignment requests contact our office
at
928
-
753
-
0737.
Connie Wenerstrom
, ext 4279,
connie.wenerstrom@co.mohave.az.us
Dolores Valdez, ext 4126
,
dolores.valdez@co.mohave.az.us
Shondi Dunlap, ext 4132
,
shondi.dunlap@co.mohave.az.us
ROGUE INVESTOR NOTE
: The tax sale list is available on the data CD that accompanies this book
(within the file folder “Tax Sale Lists”).
(2) Judicial Foreclosure Procedures
http://legacy.co.mohave.az.us/depts/treas/QuietTitleInstructionspurchaser.pdf
Judicial Foreclosure Right to Redeem Tax Lien
Certificate
(“Quiet Title Action”)
Rogue Tax Sale Investor
-
116
-
See Ariz
ona Revised Statutes,
Title
42,
Article
5, Sections 42
-
18201
through
42
-
18208
(located online at
http://www.azleg.state.az.us
)
.
Disclaimer: Treasurer’s Office staff cannot give legal advice; however, the follo
wing information may be
helpful to you in processing a Quite Title Action through the Mohave County Treasurer’s office.
Please reference the parcel number on all documents.
Step A: Lien holder mails a letter of intent to start a “Quiet Title Action.” (A
RS 42
-
18202)
x
Must be mailed by Certified Mail
x
Copy mailed to the Mohave County Treasurer
.
Step B: After filing a complaint and summons with Superior Court
:
x
Copy goes to Treasurer to flag the file in case owner calls to redeem parcel.
Step C: Before going
to court for judgment
:
1. When submitting an affidavit for execution by the Treasurer’s office:
x
R
equests should be made five
working days notice before the court date. Due to recent increased
volume of requests we cannot ensure timely completion of the af
fidavit without sufficient advance
notice.
x
Can verify only that the information stated in the affidavit is accurate.
x
Will indicate on the affidavit the amount of taxes and penalties due at the time the affidavit was
completed.
x
Cannot ensure timely processe
d reassignments unless reassignment forms are submitted five
days before the Affidavit is submitted to the Treasurer’s office (due to increased volume of
reassignments).
We strongly suggest that you review the tax certificate you are going forward
with to
ensure commencing the lawsuit in the name of the correct plaintiff to avoid this issue.
x
Cannot accept reassignments without payment. All unpaid reassignments will be returned.
x
Please include a cover sheet with the Affidavit that indicates the date and time
of court, to assist
us in timely processing your request.
x
The affidavit will be signed by the Treasurer, Chief Deputy Treasurer, or other Deputy Treasurer.
x
The Treasurer’s office will ensure that the affidavit is notarized.
x
The Treasurer’s office will
not
deliver the affidavit to court.
2. When not requesting an affidavit from the Treasurer:
x
Please notify Treasurer’s office five days before court date, to allow the file to be pulled to provide
you with the necessary information on the day of the hearing.
x
Call the Treasurer’s office the same day of the hearing to inquire whether the property has or has
not been redeemed.
Step D: Upon obtaining Order foreclosing the right to redeem
:
1.
Provide a copy of the Order.
2.
Provide $50 per parcel processing fee to the T
reasurer.
3.
Upon receipt of both the Treasurer’s Deed will be processed.
It is your responsibility to ensure all steps are complete.
BOA RD OF SUPERVISORS
http://legacy.co.mohave.az.us
/depts/bos/bos_default.asp
(1) Tax D eed Auction
http://legacy.co.mohave.az.us/depts/bos/clerk_bos.asp
Barbara Bracken, Clerk of the Board
700 W.
Beale Street
Kingman, AZ 86401
Phone
:
928
-
753
-
0731
Rogue Tax Sale Investor
-
117
-
(1a) Registrati on F
orm
http://legacy.co.mohave.az.us/depts/bos/registrationsheet.pdf
(1b) BOS Lan d Sale List
http://legacy.co.mohave.az.us/depts/bos/2008boslandsalelist.pdf
List of Real Property in Mohave County, Arizona, Held by the State of Arizona by Tax Deed
March 18, 2008
,
B
oard of Supervisors Auditorium,
700 W. Beale Stree
t, Kingman, Arizona
Registration begins at 8:30 A.M.
,a
uction begins at 9:30 A.M.
(1c) Auction Information
http://legacy.co.mohave.az.us/depts/bos/Auctioninfo.pdf
Notice of Sale by
Public Auction of Real Property Held by the State of Arizona by Tax Deed
Notice is hereby given that the Mohave County Board of Supervisors (the "Board") will sell real property
located in Mohave County, Arizona, and held by the State of Arizona by Tax
Deed at Public Auction to the
highest bidder for cash starting at 9:30 A.M. on March 18, 2008, in the Mohave County Board of
Supervisors Auditorium, 700 W. Beale Street, Kingman, Arizona, 86401.
Those persons wishing to bid at the Auction are encouraged t
o arrive between 8:30 A.M. and 9:30 A.M.
on the day of the Auction to apply for a bidder number. A List of Real Property in Mohave County, Arizona
held by the State of Arizona by Tax Deed (the "List") and an Auction Registration Form can be found on
the Mo
have County website (
www.co.mohave.az.us
). In order to expedite receipt of a bidder number,
bidders may wish to fill the Registration Form out in advance and bring it with them for submittal to the
County on the
day of the Auction.
Pursuant to A.R.S. Section 42
-
18303, the Board may sell the real property on the List for cash to the
highest bidder meeting or exceeding the minimum bid amount established by the Board and set forth on
the List, and after such sale, t
he Board will execute and deliver to the purchaser, at the purchaser's cost,
a deed conveying the title of the State of Arizona in and to the parcel purchased to the purchaser. The
Board reserves the right to accept or reject any bid and/or withdraw any pa
rcel from the Auction, if the
Board deems that such action will benefit the public interest.
Bidders are responsible for fully investigating the properties and understanding what they are bidding on
prior to bidding. All properties are sold on an “As Is,
“Where Is” basis, and each bidder purchases at his or
her own risk. All zoning, building, and real estate laws and regulations still apply to the properties,
including, but not limited to, minimum lot size requirements, subdivision rules, and sewage and wa
ter
requirements. No warranties or representations are made by the state or county or any representative of
either the state or county as to any of the properties sold, including, but not limited to, any warranties or
representations regarding the use, usa
bility, marketability, condition of title, boundaries, or value of any
property sold, claims or liens affecting any property sold, the ability of a purchaser to obtain title insurance
on any property sold, the availability of water, utilities, irrigation,
sewers, access, ingress or egress, street
or road improvements or maintenance, zoning, suitability for building, flood plain status, or any physical or
environmental characteristics relating to the property. Title insurance companies may require a quiet ti
tle
action prior to issuing title insurance on any of the properties sold.
All sales are final upon acceptance of the final bid by the Auctioneer. Successful bidders are required to
pay for the property purchased in full on the day of the sale. Acceptable
forms of payment are cash,
cashier's check, personal check with valid State picture identification, or money order for the full amount
bid. If any bidder fails to pay the required amount on the day of the sale, such failure will be forwarded to
the Board
and the County Attorney's Office to pursue all legal action thereon available to the County. No
refunds will be made.
Questions regarding this sale should be directed to the Clerk of the Board's Office, P.O. Box 7000, 700
W. Beale Street, Kingman, Arizona
86402, Telephone Number (928) 753
-
0731.
Rogue Tax Sale Investor
-
118
-
PIMA COUNTY, ARIZONA
http://www.pima.gov
TREASURER’S OFFICE
http://www.to.pima.gov
Beth Ford, Treasurer
(1) Contact Information
http://www.to.pima.gov/contact.html
Pima County Treasurer's Office
115 North Church Avenue
Tucson, AZ 85701
-
1199
Phone: (520) 740
-
8341
Fax: (520) 884
-
4809
Email:
TOwebmaster@pima.gov
(2) Frequently Asked Questions
http://www.to.pima.gov/faq.html
What happens if my taxes go delinque nt?
According to state law, once the delinquency date has
passed interest sta
rts to accrue at 16% per year prorated monthly. That means you will pay 1.333% on
the amount of tax due whether you pay on the last day of the month or the first day of the month. For
taxes that are not paid before January of the following year, an additio
nal $5.00 or 5% penalty is
a
ssessed. In February, those delinquent taxes will be offered for sale at our Delinquent Tax Lien Sale.
This is a sale of the lien for delinquent taxes
,
not your property. After three
years from the date of the
sale, the purchase
r of your taxes can foreclose on the lien and acquire your property.
When is the Delinquent Tax Lien Sale?
We hold our Delinquent Tax Lien Sale the last week in
February. No auction takes place on Tuesday because the Pima County Board of Supervisors meet
s on
that day. The sale usually
ends Thursday or early Friday.
ROGUE INVESTOR NOTE
: The tax lien sale date is usually the last Monday of February.
(3) Tax Lien Sale Information
http://www.to.pima
.gov/tax_lien_sale.html
2008
Tax Lien Sale:
http://www.to.pima.gov/resource/2008_Tax_Lien_Sale_Booklet.pdf
Expiring
Liens:
http://www.to.pima.gov/resource/expiring_liens.pdf
Bankruptcies:
http://www.to.pima.gov/resource/bankruptcies.pdf
Reassignment Form:
http://www.to.pima.gov/resource/reassignment_form.pdf
County Map:
http://www.to.pima.gov/resource/bookmap.pdf
(3
a
)
2008
Tax Lien Sale Informat ion
http://www.to.pima.gov/resource/2008_Tax_Lien_Sale_Booklet.pdf
ROGUE INVESTOR NOTE
: Table of Contents: Disclaimer, Recommendations, Definition and Procedures
of a “Tax Lien Sale,” T
he Deeding Process, Redemption of a Tax Lien Certificate, New Assignment
Purchases, Subsequent Tax Purchases, Expiration of Tax Liens, Contact Information.
(3b) Expiring Liens
http://www.t
o.pima.gov/resource/expiring_liens.pdf
List
of the
names of lien
holders who presently hold liens
which will be subject to expiration per Arizona
Revised Statutes
Section 42
-
18208 B.
Rogue Tax Sale Investor
-
119
-
(3c) Bankruptcies
http://www.to.pima.gov/resource/bankruptcies.pdf
Parcels flagged
as bankruptcies as of January 19,
200
7
.
BOA RD OF SUPERVISORS
http://www.pima.gov/bos/bos1.html
130 W. Congress, 11th
F
lo
or
,
Tucson, Arizona 85701
Receptionist phone:
(520) 740
-
8126
Fax:
(520) 884
-
1152
REA L PROPERTY SERVICES
(PUBLIC WORKS, DEPARTMENT OF TRANSPORTATION)
http://www.dot.pima.gov/realprop
Christina Biggs, Manag
er
Public Works Center
,
201 North Stone Avenue, 6th Floor
Tucson, AZ 85701
-
1207
Phone: 520
-
740
-
6313
Fax: 520
-
740
-
6763
(1) Application for Sale of Treasurer Deeded Prope rty at Public Auction
http://www.dot.pima.gov/realprop/pdfs/ApTreasD.pdf
PINAL COUNTY
,ARIZONA
http://pinalcounty.az.gov
TREASURER’S OFFICE
http://pi
nalcountyaz.gov/Departments/Treasurer/Pages/Home.aspx
Pinal County
Treasurer
31 N
.
Pinal Street
,
Building E
Florence, AZ 85232
Phone:
520
-
509
-
3555
Toll free:
888
-
431
-
1311
Fax:
520
-
868
-
9007
Email:
Cus
tomerService@co.pinal.az.us
(1) Tax Lien Sale Information
http://pinalcountyaz.gov/Departments/Treasurer/Pages/TaxLienSale.aspx
Definition:
The Pinal County Tax Lie
n Sale is held in February of each year in compliance with Arizona
Revised Statutes Section 42
-
18112. The sale involves the delinquent taxes for the previous tax year.
It should be understood that the Treasurer is offering for sale and you are purchasing
a
tax lien
on the
property only. You have no right to enter upon, build on, or sell this property until you have obtained a
deed. The property subject to the tax lien sale for delinquent taxes will be published in the Florence
Reminder and Blade
-
Tribune. A
copy of the list may be purchased at the Treasurer's office or by
contacting the newspaper office at P.O. Box 910, Florence, Arizona 85232 or call (520) 868
-
5897. The
sale information and all eligible tax liens are also available on the Treasurer's websit
e
at
http://pinalcountyaz.gov/Departments/Treasurer
.
Bidding Process:
The
sale will be conducted on the I
nternet via the Treasurer
’s
website. The tax lien
auction will begin at 9:00 a
.
m
.
(MS
T
,
our server time) on February 21st, 2008 and close at 4:00 p
.
m
.
(MST
,
our server time) on February 21st, 2008.
Rogue Tax Sale Investor
-
120
-
All parcels will be offered for sale in the order in which they appear in the Florence Reminder and Blade
-
Tribune.
All sales are final
. All p
urchasers are required to deposit $500 with the Pinal County Treasurer at
least 48 hours prior to the sale. Purchasers are required to "Checkout" in order to pay for the parcels
successfully bid upon at the conclusion of the sale.
The bidding will begin
at sixteen percent (16%) and shall be awarded to the bidder who offers to accept
the lowest rate of interest.
Amount of Purchase:
The amount in the legal advertisement shows the taxes being offered for sale, as
well as the prior year(s)
delinquent taxes
, and all interest, fees and penalties now owing on the property.
This is the amount you must pay to become a successful bidder. The parcels appearing in the newspaper
with an (*) after the total amount include delinquent taxes which are due on a parcel fr
om which the
advertised parcel was split. We advise all purchasers to research these parcels prior to the tax sale.
Payment for Certifi ca t e:
The total purchase amount is expected to be paid at the end of the sale. At the
time payment is received, you will
be issued a receipt for the purchase of a registered tax lien certificate
for each parcel.
Bidder Registration:
To become an eligible bidder, you must fill out a bidder information form, a W
-
9 and
have $500 on deposit with the Treasurer. A bidder number
, login and password will be assigned to you
upon completing the registration process. It is your responsibility to provide banking information and
initiate a deposit for the tax lien sale.
Subsequent Taxes:
After the purchase of a tax lien certificate,
you may pay
,
each year, subsequent
taxes until redeemed. Subsequent taxes for the current tax year cannot be paid before June 1st, of the
succeeding year. Any person paying subsequent taxes, accrued interest and related fees then due upon
the real property
for which he/she holds a certificate of purchase, shall be given a treasurer receipt for the
subsequent taxes paid. The amount paid will be electronically added to the face value of the registered
certificate and endorsed by the treasurer as required by l
aw (ARS 42
-
18121). The county treasurer shall
collect a fee of five dollars ($5.00) from the holder of the certificate (ARS 42
-
18121).
Redemption of a Tax Lien Certificate:
Any time during the period you are holding the tax lien certificate,
it is subject
to redemption by the property owner, his agent, assignee, attorney, or by any person having a
legal or equitable claim therein, including a purchaser of a certificate of a different date (ARS 42
-
18151/18153). Should the tax lien certificate be redeemed an
y time prior to deeding, you will receive the
purchase amount, less non
-
refundable fees, plus the rate of interest bid at the time of the sale, not to
exceed 16%. If purchased at the tax lien sale, interest will accrue from February 1 and each month
therea
fter until redeemed (ARS 42
-
18153). Any portion of a month counts as a whole month (ARS 42
-
18053).
Deeding Process:
In order for you to obtain a deed to the property purchased by a tax lien, you must
hold a tax lien certificate for three years from the da
te the certificate was offered for sale, then bring a
foreclosure action in a court of competent jurisdiction within Pinal County to foreclose on your lien (ARS
42
-
18203/18204).
Know What You Purchase:
You are urged to inspect all property before making a
bid thereon. Pinal
County and the Pinal County Treasurer
do
not warrant title concerning disclosed or undisclosed title
problems including any environmental problems. Bidders should understand that on certain parcels, in
addition to the ad valorem taxes o
ffered for a tax lien sale, there may be special district assessments due
which will have to be paid current and each subsequent year until paid in full. These parcels may also
have city assessments as well as irrigation assessments, unknown to the Treasur
er.
If the pro
perty on which you are bidding
has an older certificate already upon it, you will be sold the oldest
certificate available. If there is an older certificate which has been purchased by a previous buyer, you are
required to redeem that certif
icate. Prior certificate amounts redeemed will be added to your new
certificate.
Refund Policy:
All tax lien certificates purchased are done so with the full knowledge of the purchaser
that there could be outstanding legal reasons, unknown by the Treasure
r at the time of the sale or
Rogue Tax Sale Investor
-
121
-
occurring after the sale, that would make the lien unenforceable. Should this occur, the successful bidder
may recover the amount he has paid less the non
-
refundable fees.
If the Treasurer is notified of a bankruptcy after the
tax lien has been purchased, you will be notified by
the Treasurer who will also advise the bankruptcy court that you are the real party of interest. You will
then have to respond to the Bankruptcy Court. A sale of property in bankruptcy unknown to the Tr
easurer
is not in violation of the general stay. In no event will this be considered an illegal sale and the Treasurer
is not obligated to repurchase the certificate.
Fee Schedule:
A non
-
refundable purchase fee will be added to each parcel sold. A purchas
e up to
$400.00 will require a purchase fee of $5.00; any purchase $400.00 or over will require a purchase fee of
$10.00 (ARS 11
-
495 & 42
-
18116(c).
Certificate of Purchase fee of $10.00 is added for each parcel sold and will be included in the certificate
amount (ARS 42
-
18118(d).
Subsequent tax fee is $5.00 (ARS 42
-
18121(b).
Resale or Assignment of tax
liens is $10.00 (ARS 42
-
18122(b).
Court ordered deed fee of $50.00 will be charged for each parcel (ARS
42
-
18205).
State Deed Sale:
In addition to the tax
lien sale described above, the Pinal County Board of Supervisors
conducts a sale of parcels of land that have been deeded to the State of Arizona after taxes are seven
years old and have not been purchased by an individual (Article 7 ARS 42
-
18301). For mor
e information
concerning these parcels, please contact Mr. Gary Medina, Special Services Administrator, at
gary.medina@co.pinal.az.us
, by phone at (520) 866
-
6206, or by mail at P.O. Box 827, Florence, Ariz
ona
85232.
(1a)
2008 Tax Lien Sale
Information Booklet
http://pinalcountyaz.gov/Departments/Treasurer/Documents/Downloads/TaxLienBooklet.pdf
ROGUE INV
ESTOR NOTE
: Table of Contents are Introduction, Definition of a “Tax Lien Sale,” Bidder
Registration, The Deeding Process, Redemption of a Tax Lien Certificate, Treasurer Contact Information,
Refund Policy, Important Bankruptcy Information, Subsequent Taxe
s, Know What You Purchase, State
Deed Sale, Fee Schedule, Internet Auction Procedures.
(1b) On
-
line Tax Lien Sale Instructio ns
http://pinalcountyaz.gov/D
epartments/Treasurer/Documents/Downloads/TaxLienBooklet.pdf
(
2
) Certificates Due to Expire
http://pinalcountyaz.gov/Departments/Treasurer/Documents
/Downloads/ExpiredCertificates.pdf
(3
) Purchase Available Tax Liens
http://pinalcountyaz.gov/Legacy/Treasurer/TaxSale/Login.aspx
Tax lien sale date: usually the first week o
f
February
http://apps.co.pinal.az.us/Treasurer/Search/index.asp?T=TLSale
= Tax Lien Sale
http:
//apps.co.pinal.az.us/Treasurer/Search/index.asp?T=TLSearch
= Tax Lien Search
http://apps.co.pinal.az.us/Treasurer/TaxSale/TaxSaleResults.asp
= Tax Sale Results
Board of Sup
ervisors
http://pinalcountyaz.gov/Departments/BoardofSupervisors/Pages/Home.aspx
ROGUE INVESTOR NOTE
: According to the Treasurer’s Office, the
Pinal County Board of
Supervisors
conducts a sale of parcels of land that have been deeded to the State of Arizona after taxes are seven
years old and have not been purchased by an individual (Article 7 ARS 42
-
18301). For more information
concerning these parcels, contact Mr. G
ary Medina, Special Services Administrator, at
gary.medina@co.pinal.az.us
, by phone at (520) 866
-
6206, or by mail at P.O. Box 827, Florence, Arizona
85232.
Rogue Tax Sale Investor
-
122
-
PRIVATE SECTOR TAX SALE ADMINI STRATORS
REAL A
UCTION
http://www.realauction.com
(1) List of County Auctions
http://www.realauction.com/template.cfm?r=LeftMenu/ListCountya
uctions
Arizona
online auction
s
open in
January
and
end during February.
Practice website
Arizona counties,
visit
http://www.arizonataxsale.com
(n
ew auction every day
)
Coconino County
,
visit
http://www.coconinotaxsale.com
(now closed)
Mohave County
,
visit
http://www.mohavetaxsale.com
(now closed)
Yavapai County
,
visi
t
http://www.yavapaitaxsale.com
(now closed)
(2) Realnews
http://www.realauction.com
, left
-
hand column
Announcements include upcoming tax sale auctions.
(3) Contact Information
http://www.realauction.com/template.cfm?r=Contactus/Enquiries
Realauction.com, LLC.
Corporate Headquarters
861 SW 78th Avenue
,
Suite 102
Plantation, FL 33324
Phone:
954
-
734
-
7400
F
ax: 954
-
424
-
7601
Email:
info@realauction.com
Customer support email:
customerservice@realauction.com
Rogue Tax Sale Investor
-
123
-
Arkansas
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
.TheState
Land Commission
handles all county tax sale auctions. Mail
-
in
bids are accepted if received seven
days before the sale. If a mail
-
in bid is received, bidding will
start at that amount.
Over
-
the
-
Counter Tax Deed Sales:
Yes. Tax
-
defaulted prope
rties that are not purchased at a
county’s annual tax deed sale will be available on the negotiated sales list 90 days after the
sale. These properties may be purchased by mail or in person at the Commissioner of State
Lands Office
(
http://www.cosl.org
)
.Topurchase,youmustsubmitasealedbid.Thefirst
negotiated sales bid starts a 30
-
day process
during which
anyone else can submit a closed bid.
The highest bidder wins, but the property owner still has 30 days to red
eem. If the property
owner redeems, the investor will be refunded his
/her
money, with no interest.
Rating:
Three Stars (***
)
Interest Rate:
Not applicable to
Arkansas’
tax deed sales.
Sale Period
:
Depends on the county. Tax deed sales
are conducted thr
oughout the
year. Call
(501)
324
-
9222 to find out when sales will be held. Anyone can be placed on a mailing list
for a
catalog
of available properties by contacting the Commissioner of State Lands.
The c
atalog is
free.
The c
atalog lists properties for sal
e, and minimum bid amounts (equal to assessed land
value, taxes due and any other fees).
Be sure to check the website for the latest redemptions.
Redemption Period:
Property owners have a 30
-
day
extended
right of
redemption following the
tax deed
sale. If
redeemed, the investor receives
his/
her money back with no interest
.
If not
redeemed, the investor receives a limited warranty deed to the property.
Bidding Process:
At tax deed sales, all auctions are by competitive bid.
The minimum bid is
generally se
tattheassessedvalue,whichisroughly20percentoftheappraisedvalue.The
bidder is also responsible for back taxes and fees. The w
inning bidder pays
the
highest value
for
the
property. Bids can be in person at auction or by mail.
If bidding at the
auction, you must
pay the first $100 with cash, cashier’s check or money order.
If bidding by mail,
the
Commissioner of
State
Lands must receive
the
entire bid amount seven days prior to the
auction. Properties not sold at auction are offered for
sale
90 d
ays after the
auction
.Properties
that did not sell are broken into three categories: S
-
2LandSales(
less than one year has
elapsed since first offered at auction
), S
-
3LandSales(
more than
one year
has elapsed since
first offered at auction
)
,
and S
-
4La
n
dSales(morethantwoyearshave
elapsed since first
offered at auction)
.
S
-
4LandSalesarenegotiable,sincethecountywantstogetridofthese
properties.
Legal Challenge Period:
Arkansas
has a two
-
year litigation period during which the sale can
be challenged. For S
-
4properties,thelitigationperiodmayonlybe90daysifthepropertyis
classified as a “lot.”
State
-
Specific Information:
Arkansas is probably one of the best states fo
rtaxdeedsales;
however, the two
-
year litigation period make
sclearingthetitledifficult.
Rogue Tax Sale Investor
-
124
-
Laws Governing the Redemption and Sale of Tax Delinquent Land
§26
-
37
-
101. Transfer of tax
-
delinquent lands.
(a) (1) All lands upon which the taxes have not been paid for two (1) years following the date the
taxes were d
ue, October 10, shall be forfeited to the State of Arkansas and transmitted by
certification to the Commissioner of State Lands for collection or sale.
(2) No tax
-
delinquent lands shall be sold at the county level.
(b) The county collector shall hold all
tax delinquent lands in the county for two (2) years after
the date of delinquency, and if not redeemed by the certification date, which shall be no later
than July 1 of the following year, the collector shall transmit it to the state after notice as
provi
ded in this chapter indicating all, taxes, penalties, interest, and costs due and the name
and last known address of the owner of record of the tax
-
delinquent land.
(c) Upon receipt of the certification, title to the tax delinquent lands shall vest in the
State of
Arkansas in care of the Commissioner of State Lands.
§26
-
37
-
102. Publication of notice
Fee.
(a) The county collector in each county shall,
not less than thirty (30) days n
or more than forty
(40) days prior to the certification of the land, caus
etobepublishedinanewspaperofgeneral
circulation in the county:
(1) A list of real property not previously redeemed;
(2) The names of the owners of record;
(3) The amount of the taxes, penalties, interest, and cost necessary to be paid to redeem the
property;
(4) The date upon which such period of redemption expires; and
(5) Notice that unless the property is redeemed prior to the expiration of the period of
redemption, the lands will be forfeited to the state.
(b) Fees for the publication shall be t
he same as set forth in § 26
-
37
-
108.
§26
-
37
-
103. Verification by county assessor.
(a) Prior to certification to the Commissioner of State Lands, the county assessor shall:
(1) Verify the assessment to establish value on all parcels to be certified;
(2) Ve
rify the name and last known address of the owner of record of the tax
-
delinquent land;
and
(3) Determine whether the tax
-
delinquent land exists;
(b) If the land is found to be nonexistent, the county assessor shall remove the delinquent entry
from the ass
essment rolls.
(c) No tax
-
delinquent lands shall be certified to the Commissioner of State Lands without the
assessor's verification.
§26
-
37
-
104. Cost of notices.
All costs of notice shall be added to the costs to be collected from the purchaser or redeem
er.
§26
-
37
-
105. Collection fee.
The Commissioner shall charge a twenty
-
five dollar ($25.00) collection fee against each parcel
of tax delinquent land which has been certified to his office.
§26
-
37
-
201. Publication of notice
Fee.
(a) The Commissioner o
fStateLandsshallpublishanoticeofsaleoflanduponwhichthead
valorem property taxes have not been paid in a newspaper having general circulation in the
county wherein the land is located. The publication fee for the notice shall be the same as se
t
forth in § 26
-
37
-
108.
(b) The notice shall:
(1) Contain the assessed value of the land;
(2) Contain the amount of taxes, interest, penalties, and other costs due on the land;
Rogue Tax Sale Investor
-
125
-
(3) Contain the legal description of the land;
(4) Contain a list of all record
ed liens against the land that are known to the Commissioner of
State Lands; and
(5) Indicate that the land will be sold to the highest bidder if the bid is equal to at least the
assessed value of the land as certified to the Commissioner of State Lands.
(
c) The highest bidder shall pay all taxes, interest, penalties, and other costs. Thereafter, all
interested parties known to the Commissioner and not previously notified shall receive notice by
mail of the sale from the Commissioner.
§26
-
37
-
202. Procedure
to sell.
(a) Bidders may bid at the sale or mail their bid to the office of the Commissioner of State
Lands. Bids shall be delivered at the appropriate place before the deadline established in the
notice of sale.
(b) If no one bids at least the assessed v
alue, the Commissioner may negotiate a sale. All
negotiated sales shall have approval of the Attorney General of the State of Arkansas.
(c) The Commissioner shall conduct tax
-
delinquent sales in the county wherein the land is
located, unless the Commission
er determines there are not enough parcels of land to justify a
sale in one (1) county only. In that case, the Commissioner may hold a tax
-
delinquent land sale
in one (1) location and thereat sell land located in more than one (1) county if the counties
wh
erein the lands are located are adjoining counties.
(d) The sales shall be conducted on the dates specified in the notices required by this
subchapter.
(e) Unless the owners of record tender all taxes, penalties, interest, and costs due within thirty
(30)
days after the date of sale, a limited warranty deed will be issued by the Commissioner to
the purchaser.
§26
-
37
-
203. Conveyance to purchaser
Contest.
(a) If the tax
-
delinquent land is not redeemed within the thirty
-
day period, the Commissioner of
State
Lands shall issue a limited warranty deed to the land.
(b)(1) All actions to contest the validity of the conveyance shall be brought within two (2) years
after the date of the conveyance or thereafter be barred, except as to causes of actions by
persons s
uffering a mental incapacity, minority, or serving in the United States armed forces
during time of war during the two
-
year period.
(2) Those persons shall not be allowed to contest the validity of the conveyance after the
expiration of two (2) years afte
rthedisabilityisremovedorthepersonreachesmajorityorthe
person is released from active duty with the armed forces.
(c) No deed issued after January 1, 1987, by the Commissioner of State Lands shall be void or
voidable on the ground that the count
ydidnotstrictlycomplywiththelawsgoverningtax
-
delinquent land, provided that prior to the issuance of the deed, the Commissioner of State
Lands complied with the laws governing the disposition of tax
-
delinquent land.
(d) Nothing in this section sha
ll prevent any taxpayer from attacking a deed issued by the
Commissioner of State Lands on the ground that taxes have actually been paid.
§26
-
37
-
204. Sales set aside.
(a) In the event the sale is set aside by legal action or if the land is proven to be no
nexistent or
double assessed, the purchaser shall be entitled to reimbursement of moneys paid.
(b) The Commissioner of State Lands shall have the authority to set aside any sale. In the event
the Commissioner determines that a sale shall be set aside, the
purchaser may be entitled to
reimbursement of moneys paid to the Commissioner of State Lands.
(c) In cases where the sales may be set aside by the Commissioner of State Lands or by legal
action by the record owner or the heirs or assigns of the record owne
r, the record owner or the
heirs or assigns of the record owner shall pay all back taxes, penalties, interest, and costs
charged against the land.
Rogue Tax Sale Investor
-
126
-
Additional
Arkansas
Tax Sale
Information
Tax deed s
ales occur in all counties once per year, but the sales
are staggered so that every
quarter at least 5 or 10 counties have a tax deed sale. The state is also heavily involved in the
sales, and their website
(
http://www.cosl.org
)isexcellent.Youcaneithergetalistofthe
properties available at the sale from the website, or write/call using the contact information
below to get a hard copy mailed to you free of charge:
Mark Wilcox, Commissioner of State Lands
109 State Capitol
Little Rock, AR
72201
Phone: (501) 324
-
9222
E
mail:
mailto:land@cosl.org
The following pages on the Commissioner’s website provide useful information:
x
http://www.cosl.org/buyer.aspx
=BuyersGuide
x
http://www.cosl.org/neg.aspx
=NegotiatedSalesList
x
http://www.cosl.org/parcelsearch.aspx
=SearchDelinquentProperty
x
http://www.cosl.org/catalog.aspx
=AuctionCatalog
P
roperties are divided into three categories based on how long they have been in delinquency:
x
Class 1 properties
have been in delinquency for 4 years and the owner has 2 years left
to redeem.
x
Class 2 pr
operties
have been in delinquency for 5 years and the owner has 1 year left to
redeem.
x
Class 3 properties
have been in delinquency for 6 years and the owner has no time left
to redeem. The sale prices for these properties are negotiable, because the state
wants
to start collecting taxes on these properties as soon as possible.
Cleburne and Van Buren C
ounties, Arkansas
Tax Deed Sales
October 2003
In October 2003, we attended tax deed sales in two Arkansas
c
ounties, Cleburne
and Van
Buren.
Here are some a
ctual sales prices for properties sold at the
auctions:
x
Cabin on a scenic hillside with 11 acres of land sold for $16,000.
x
Lot located on a beautiful lake with trees and lake access did not even sell at the
auction.
We
ran out of time and could not locate
the property before the sale. However,
when we went to look at it after the sale to see if it was worth bidding on later, we could
not believe it. The property could have been purchased for the minimum bid of
$10,000. After doing more research, we learned
that lake lots in the same area are
selling for $75,000 to $100,000.
Arkansas County Links
:
See
Arkansas
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Rogue Tax Sale Investor
-
127
-
California
Tax Lien Sales:
Th
estateisa
uthorized to conduct tax lien sales, but no sales
have been
conducted.
At least one county has considered having a tax lien sale.
Tax Deed Sales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
Counties
are
n
ot allowed, by law, to sell properties by an
y
means other than at a public auction.
Rating:
Three
Stars (***)
Interest Rate:
18% interest rate is
author
ized, but no tax lien sales have been conducted.
Sale Period
:
Tax deed sales occur year round.
Redemption Period:
No
extended
right of redempt
ion following the tax deed sale.
Bidding Process:
Most counties are conducting their tax deed sales online.
State law dictates
that the minimum bid for property offered at a public auction tax sale be an amount not less than
the total amount necessary to
redeem the tax default, plus cost. Except pursuant to Section
3698.5(c) of the California Revenue and Taxation Code, when property interests have been
offered at a previous sale and no acceptable bids were received, the Tax Collector may offer
that proper
ty or property interest at a minimum bid that is less than the amount of the tax
default, plus cost.
In recent years, properties are often bid beyond their market value. The
bidding process at tax deed sales can be very competitive.
Legal Challenge Period
:
1yearfollowingthetaxsaledate.
State
-
Specific Information:
California conduct
s
a
great number of tax deed sales, with m
ore
than 10,000 individual parcels sold
every year
.
California is
an average
tax deed sale state.
In
most cases you will need sub
stantial capital to bid on properties since property values are so
high.
Be careful not to overbid on properties at highly competitive auctions.
Property Tax Collection Standards and Procedures Information
is available on the website of
the
California Sta
te Controller’s Office
at
http://www.sco.ca.gov/col/taxinfo/tcs/index.shtml
.
Counties must notify the State Controller's Office not less than 45 days nor more than 120 days
before a propose
dsale.Asnotificationsarereceived,theyarepostedontheStateController's
website at:
http://www.sco.ca.gov/col/taxinfo/tcs/pubauctions/index.shtml
.
California County
Links:
See
California
Tax Sales
at
http://www.californiataxdeedsales.com
and
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Informa
tion:
Rogue Tax Sale Investor
-
128
-
ALAMEDA COUNTY, CALIFORNIA
http://www.acgov.org
TREASURER
TAX COLLECTOR’S OFFI
CE
http://www.acgov.org/treasurer
Donald White, Treasurer
(1) Property
Taxes, Frequently Asked Questions
http://www.acgov.org/treasurer/faqtaxes.htm
Property delinquent for the first year shall be declared defaulted for non
-
payment of taxes. After five
years, the
Tax Collector has the power to sell tax
-
defaulted property that is not redeemed.
(2) Tax C ollection
http://www.acgov.org/treasurer/taxcoll.htm
Prior Year Secured Tax Defaulted Property:
The Tax
Collector may offer tax
-
d
efaulted property, where
the taxes remain unpaid for five years or more, for sale through a public auction. This unit provides the
following prior year tax services:
x
publication of tax defaulted property
x
auction sales of tax de
faulted property
x
sales of tax defaulted property to public agencies
x
sealed bid sales of tax defaulted property.
(3)
Frequently Asked Questions about Public I nternet Auction of Tax Defaulted Land
http://www.acgov.org/treasurer/defaultfaqs.pdf
Property is sold “As Is”
Inspect thoroughly before you buy!
Why does the county sell tax defaulted property?
The primary purpose of a tax sale is to collect taxes
that have not been paid by the prop
erty owner for at least five years. Under Chapter 7, Part 6
,
Division 1
of the Revenue and Taxation code, offering the property at public auction achieves this by either selling
the property or by forcing payment of the property taxes. If the property is s
old, lienholders and the former
owner may claim proceeds in excess of the taxes and cost of the sale.
Can I obtain title to a property on the tax sale list by paying the delinquent taxes prior to the sale
date?
No. Legal title to a tax defaulted property
subject to the Tax Collector’s power to sell can be
obtained only by becoming the successful bidder at the county tax sale.
Does the county sell tax lien certificates ?
No counties in California sell tax certificates at this time.
Who is notified of the s
ale?
The law requires the Tax Collector to attempt to notify the current owner, all
lienholders and public agencies.
Is the tax publicly advertised?
Yes. State law dictates that the legally required notice of a tax sale must
be published in a publication
within the county three times in successive seven
-
day intervals before the
tax sale.
When does the right to redeem (pay the t axes) a tax default ed property subject to the power to sell
cease?
The right ceases at the close of business, 5:00 p.m., on the la
st business day prior to the sale.
There is no extended right of redemption on the State of California as exists in some other states.
How is the minimum bid on a tax sale property determined?
State law dictates that the minimum bid
on a tax defaulted par
cel offered by the Tax Collector at public auction shall be no less than the total
amount to redeem the delinquent property taxes plus costs.
Rogue Tax Sale Investor
-
129
-
Does the county guarantee the property or the ability to develop a property?
All property is sold “As
Is.”
Be an
informed bidder. Prospective purchasers are urged to examine the title, location and desirability
of the properties available to their own satisfaction prior to the sale. The County makes no guarantee,
express or implied, relative to the title, location or
condition of the properties for sale. In addition the
County assumes no responsibility, implied or otherwise, that the properties are in compliance with zoning
ordinances, mining and reclamation regulations, conform to building codes and permits and/or an
y other
applicable regulations or permits. No government entity is liable for damages sustained to property
purchased at public auction, including from the time of sale until the recordation of the tax deed to the
purchaser. No expressed or implied warrant
y is given with respect to parcels, and they are sold on an “as
is basis
.
” Bidders are responsible for knowing what they are purchasing. The city planning department
can provide zoning, General Plan designation, water source and other information. Examine
the County
Recorder’s records for any easements on a property.
All sales are final
.
Do liens or encumbrances on a tax defaulted property transfer to the new owner after purchase of
the property at a tax sale?
Not all liens are discharged by the sale. Any
liens not discharged may be the
responsibility of the new owner. Please refer to Revenue and Taxation code section 3712 for a complete
explanation of all liens and encumbrances assumed and discharged by the new owner.
How do I find a property I’d like to
bid on at the tax sale?
Vacant land (which accounts for most
properties offered at the tax sale) has no street (situs) address. The County Assessor’s plat maps and
map books can determine its approximate geographical location. Improved properties frequentl
y (but not
always) will bear a street address, making it easier to determine the general location. Exact boundary
lines of a property can be determined only by a survey of the property undertaken at the purchaser’s
expense. Assessor’s plat maps may be purc
hased from the County Assessor’s office.
I am inter ested in a property,
but
how do I know if it is still available on t he day of the auction?
Nothing in the preview list is guaranteed. The right of redemption will be 5:00 p.m. on the last business
day bef
ore the scheduled auction. The list will be updated as
redemptions are made, on a daily basis. It is
your responsibility to obtain a current list or check the Bid4Asset
s
website
(
www.bid4assets.com
)
for
updates.
How can I register as a bidder?
Bid4Assets.com will register bidders. Full instructions will be available
on the website
at
http://www.bid4assets.com
. Parcels require a bidder deposit of 10% of the minimum
bid. Bi
dders are advised to arrange for their deposits early to make sure they are eligible to bid. The Tax
Collector’s office will not be registering bidders nor accepting bids and all questions will be directed to
Bid4Assets.com.
How does the bidding proceed?
All parcels will be sold by Auction ID. Minimum bids will be as stated
per parcel and each raise will be in predetermined increments until the close of auction on the stated date
and time on
the
Bid4Assets.com website. For a more detailed explanation of th
e bidding process, log on
to
www.bid4assets.com
, click on “for buyers” on top of the home page, then click on “How to
bi
d
.
” You
may also bid by proxy if you do not have access to the Internet. More information and
instructions are
available by calling 1
-
877
-
427
-
7387.
How can a successful bidder pay for a property at the tax sale?
Successful bidders must pay
through
wire transfer via eDeposit as directed on Bid4Assets.com, or by payment in the office in the form of
cash
or cashier’s check within 72 hours of being advised of successful bid. In addition to the successful bid, the
payment must include city and county transfer taxes. Only a successful bidder has the opportunity to
purchase County assets. If the successf
ul bidder defaults, under California State Law, the County cannot
resort to the second highest bidder and will be required to take appropriate legal action against the bidder
who defaults. In addition any bidder which does not complete their purchase by th
e submission of the
appropriate funds will be banned from future County auctions.
If I am the successful bidder how can I hold title (vesting) and how can I take possessi on of the
propert y?
The vesting on the Tax Deed will be as shown on the Deed informat
ion form you complete on
Bid4Assets.com. The Tax Deed wi
ll be mailed to you thirty
days from the close of the auction. Once you
have the Tax Deed you can proceed to take possession of your property. If there are occupants in the
property it is up to the pu
rchaser to commence the eviction process. This is a civil matter and you may
Rogue Tax Sale Investor
-
130
-
wish to seek private legal advice as the county assumes no responsibility and provides no assistance with
this issue.
Is property purchased in a tax sal e eligible for insurance?
The former owner has one year from the
date of recording of the Tax Deed to challenge the validity of the tax sale (Revenue and Taxation code
177, 3725 and 3726). During this one
-
year challenge period, it may not be possible to obtain a clear title
from a
title company. Occasionally, a quite title action is necessary if there has been an irregularity in the
title prior to the tax sale. In the event that the former owner is successful at overturning the sale, the sale
price would be returned to the purchaser
, but any improvements made to the property would not be
reimbursed to the person that made them.
What happens to pr operty that does not sell at the tax sale? Can the property be purchased
directly from the County?
The owner’s right to redeem the property
revives if not sold. The unsold
properties will be offered at subsequent tax sales until redeemed or sold. Properties cannot be purchased
directly from the County because the property must be sold at a public auction.
Be sure you want the property before
you bid.
All sales are final and there are absolutely no refunds.
If
you default, under California State Law, the County cannot resort to the second highest bidder and will be
required to take legal action against you. Failure to consummate the sale withi
n the specified time shall
result in the forfeiture of any deposit made and all rights that the purchaser may have had with respect to
the property. Failure to consummate the sale will also bar the bidder from participating in future tax sales
for Alameda
County.
Rules are subject to modification between now and commencement of sale. Property
is
sold “As Is.”
In
spect thoroughly before you buy.
(4)
200
7
Tax Defaulted
Land
Auction Results
ht
tp://www.acgov.org/treasurer/results
-
auction.pdf
Public auction results
March 2
1
-
27, 2007
.
(5)
Contact Information
http://www.acgov.org/treasurer/contact.htm
1221 Oak Street, Room 131
Oakl
and, CA 94612
-
4685
Phone: (510) 272
-
6800
Fax: (510) 272
-
3856
Treasurer
-
Tax Collector, Donald R. White
Phone: (510) 272
-
6803
Fax: (510)
268
-
5377
Prior Year Secured Tax Defaulted Property
Phone: (510) 272
-
6800
Fax: (510) 272
-
6807
Rogue Tax Sale Investor
-
131
-
BUTTE COUNTY
,
CALIFORNIA
http://www.buttecounty.net
TREASURER
-
TAX COLLECTOR
http://ttc.buttecounty.net/Default.aspx?tabid=1
(1) Tax Auctions
http://ttc.buttecounty.net/Default.aspx?tabid=42
The Butte County Treasurer
-
Tax Collector's next Public Auction of Tax
-
Defaulted Properties is schedule
d
for June 14
-
17, 2008. It will be conducted online
through Bid4Assets, a company that hosts online
auctions for government agencies. Click here for a list of auction properties
:
http://ttc.but
tecounty.net/Portals/0/2008%20auction%20list%20for%20public.xls%204%207%2008%202.p
df
.
In mid
-
May, parcel information, registration and bidding instructions will be available at
Bid4Assets.com. We will have a link from this site to our Bid4Assets storefro
nt.
ROGUE INVESTOR NOTE
: See web page for links to additional auction resources and information,
including parcel look up on Butte County’s GIS site, maps provided by the Development Services
Department, zoning information, and MapQuest.
(1a) 2008 Auctio
n Parcel List
http://ttc.buttecounty.net/LinkClick.aspx?link=2008+auction+list+for+public.xls+4+7+08+2.pdf&mid=354
ROGUE INVESTOR NOTE
:
The parcel list
is available on
the data CD that accompanies this book
(within
the file folder “Tax Sale Lists”)
.
(1b) Frequently Asked Tax Auction Questions
http://ttc.buttecounty.net/Defau
lt.aspx?tabid=80
(1c) Previous Tax Auction Sales Summary
http://ttc.buttecounty.net/Default.aspx?tabid=56
Results for June 2002 and June 2006.
(2
) Contact Information, Property Tax Div
ision
http://ttc.buttecounty.net/Default.aspx?tabid=28
Phone: (530) 538
-
7701
Fax: (530) 538
-
6551
Email:
taxes@buttecounty.net
(3
) Office Loc
ation and Hours
http://ttc.buttecounty.net/Default.aspx?tabid=29
The Treasurer
-
Tax Collector's Department is located on the ground floor of the Butte County
Administration Building at 25 Co
unty Center Drive in Oroville. We are open to the public Monday through
Friday from 9:00 a.m. to 5:00 p.m., holidays excluded. Mailing Address: Butte County Treasurer
-
Tax
Collector's Department, 25 County Center Drive, Oroville, CA 95965. Telephone Number:
530
-
538
-
7701.
Rogue Tax Sale Investor
-
132
-
CALAVERAS COUNTY
, CALIFORNIA
http://www.co.calaveras.ca.us
TAX COLLECTOR
http://www.co.calaveras.ca.us/depa
rtments/taxcollector.asp
Treasurer
-
Tax Collector
Government Center
891 Mt. Ranch Road
San Andreas, CA 95249
Phone: (209) 754
-
6350
F
ax
: (209) 754
-
6355
E
mail:
taxcollector@co.calaveras.ca.us
Cala
veras County Property Auction
November 8, 2007
Tax Defaulted Property Auction Rules & Important Information
:
http://www.co.calaveras.ca.us
/departments/taxcollector/public_auction_information_letter_2007.html
Tax Defaulted Property Auction Frequently Asked Questions
:
http://www.co.calaveras
.ca.us/departments/taxcollector/faq_public_auction_sales1.html
Listing of Properties
:
http://www.co.calaveras.ca.us/departments/taxcollector/property1_09_2007.h
tml
Required Pre
-
registration Form
:
http://www.co.calaveras.ca.us/departments/taxcollector/auction_reg_form_2007.pdf
CONTRA COSTA COUNTY, CALIFORNIA
http://www.co.contra
-
costa.ca.us
TREASURER
-
TAX COLLECTOR’S OFFICE
from
http://www.co.contra
-
costa.ca.us
, click on “Departments” at
the
top of
the
page, and t
hen on
“Treasurer
-
Tax Collector”
(1) Public Auction
(1a) Public Auction General Informati on
http://www.cctax.us/auction_intro.htm
from Treasurer
-
Tax Collector’s home page,
mouse over “Services,” the
n over
“Public Auction” and then
click
on “General Information”
The sale of "Tax Defaulted Property Subject to Power of Sale" is conducted by the Contra Costa County
Treasurer
-
Tax Collector pursuant to the provisions of the Revenue and Taxation Code and w
ritten
authorization of the Board of Supervisors.
(1b) Public Auction Frequently Asked Questions
http://www.cctax.us/auction_faq.htm
from Treasurer
-
Tax Collector’s home page,
mouse over
“Services,” the
no
ver
“Public Auction” and then
click on
“FAQ’s”
How can I obtain a list of proper ties to be offered at the tax sale?
A list of properties to be offered for
sale is available from the Office of the Treasurer Tax Collector at the beginning of January. Rem
ember,
because property owners have the right to redeem their property prior to the sale, the final list of parcels
to be offered for sale will not be available until the day of the sale.
Auction list sales are final.
Updated
information on properties that
remain in the sale is available at the Tax Collector's office or by visiting our
web site at (TBD).
Rogue Tax Sale Investor
-
133
-
Can I mail in or submit a sealed bid for a property in the public auction sale?
No. This is an oral
public auction requiring your presence, or that of yo
ur representative, to verbally bid upon the properties.
Can I obtain a property available at the public auction tax sale by paying the delinquent taxes
thereon prior to the tentative tax sale date?
No. Legal title to tax
-
defaulted property subject to pow
er of
sale can be obtained through the Treasurer and Tax Collector only by being the successful bidder at the
tax sale.
How do I find or see a pro perty I'd like to bid on at the tax sale?
Vacant ("unimproved") land (which
accounts for most property offer
ed at our tax sales) usually has no address and therefore its approximate
geographic location can be determined through the use of County Assessor plat maps. Exact boundary
lines of a property can be determined only by a survey of the property initiated at
the purchaser's
expense. "Improved" properties frequently (but not always) will bear a "situs" (street) address, making it
quite simple to assess the location. A "situs" (street) address does not mean there are improvements on
the property or that the imp
rovements are on the sale.
Do all properties wi t h an address have a home on them?
No. An address does not mean there is or
was a structure on the property. It does not guarantee that the address shown in the tax sale list is correct
or that the structure
is part of the sale.
How soon can I take possession of a property after my purchase at the tax sale?
The successful
bidder may take possession of a property after the Tax Deed to Purchaser has been recorded.
How is the minimum bid on a tax sale proper
ty determined?
State law dictates that the minimum bid
for property offered at a public auction tax sale be an amount not less than the total amount necessary to
redeem the tax default, plus cost. Except pursuant to Section 3698.5(c) of the California Reve
nue and
Taxation Code, when property interests have been offered at a previous sale and no acceptable bids
were received, the Tax Collector may offer that property or property interest at a minimum bid that is less
than the amount of the tax default, plus
cost.
Is a tax sale publicly advertised?
Yes. State law dictates that the event of a tax sale must be published
three times in successive seven
-
day intervals before the tax sale date in a newspaper, or newspapers of
general circulation within Contra Cost
a County. All parcels in the next tax sale will be advertised in
various local newspapers, the first publication date being not less than 21 days prior to the date of the
sale.
When does the right of redemption on a tax
-
defaulted parcel subject to the po
wer to sell cease?
The right of redemption on a tax
-
defaulted parcel subject to the Tax Collector's power to sell ceases at
the close of business on the last business day prior to the date of sale. There is no extended right of
redemption in the State of C
alifornia as does exist in some others states.
How soon may I begin improvement of the property after my purchase?
There is a one
-
year period
of time, after the date the tax deed is executed, that a proceeding based on alleged invalidity or
irregularity
can be commenced, pursuant to Section 3725 of the California Revenue and Taxation Code.
What happens to the properties that do not sell at the auction? Can tax sale properties be
purchased directly from the County?
If no acceptable bids are received for
a property, it will be offered
again at intervals of no more than six years until the property is sold, pursuant to Section 3692 of the
California Revenue and Taxation Code. Legal title to tax
-
defaulted property subject to power of sale can
be obtained thr
ough the Treasurer
-
Tax Collector only by being the successful bidder at the tax sale.
Additionally, pursuant to Section 3698.5(c) of said code, the Tax Collector may re
-
offer the property at
any time for a minimum bid that is set at the discretion of the T
ax Collector and approved by the County
Board of Supervisors.
Do liens or encumbrances on tax sale properties transfer to the new owner through a tax sale
propert y purchase?
Chapter 7, Section 3712 of the California Revenue and Taxation Code states: The
deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, except:
Rogue Tax Sale Investor
-
134
-
x
Any lien for installments of taxes and special assessments, which installments will become
payable upon the secured roll after the time of sale.
x
The
lien for taxes or assessments or other rights of any taxing agency which does not consent to
the sale under this chapter.
x
Liens for special assessments levied upon the property conveyed which were, at the time of the
sale under this chapter, not included
in the amount necessary to redeem the tax
-
defaulted
property, and, where a taxing agency which collects its own taxes has consented to the sale
under this chapter, not included in the amount required to redeem from sale to the taxing agency.
x
Easements cons
tituting servitude upon or burdens to the property; water rights, the record title to
which is held separately from the title to the property; and restrictions of record.
x
Unaccepted, recorded, irrevocable offers of dedication of the property to the public
or a public
entity for a public purpose, and recorded options of any taxing agency to purchase the property or
any interest therein for a public purpose.
x
Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 [commencing with
Section 8500]
of the Streets and Highways Code) which are not satisfied as a result of the sale
proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671)
of
Part 8.
x
Any federal Internal Revenue Service liens which, pursuant to provisions of federal l
aw, are not
discharged by the sale, even though the tax collector has provided proper notice to the Internal
Revenue Service before that date.
x
Unpaid special taxes under the Mello
-
Roos Community Facilities Act of 1982 (Chapter 2.5
[commencing with Section
53311] of Part 1 of Division 2 of Title 5 of the Government Code) that
are not satisfied as a result of the sale proceeds being applied pursuant to Chapter 1.3
(commencing with Section 4671) of Part 8.
Note: A title search initiated
at the prospective pu
rchaser’s
expense should reveal any liens or
encumbrances on a property in the tax sale.
What guarantees do I have that the property is in good condition and can be used for my
purposes?
The sale of these properties should not, in any way, be equated to r
eal estate sales by
licensed salespeople, brokers or realtors. The Treasurer
-
Tax Collector cannot guarantee the condition of
the property nor assume any responsibility for conformance to codes, permits or zoning ordinances.
The burden is on the purchaser
to thoroughly research, before the sale, any matters relevant to his or her
decision to purchase, rather than on the county, whose sole interest is the recovery of back taxes. It is
also recommended that bidders consult with the zoning and planning depart
ments of any city within which
a particular parcel lies.
What are the conditions of payment for property at the Tax Sale?
Property purchased for less than
$50,000 must be paid for in full at the tax sale. The minimum bid must be tendered at time of sale
in cash,
cashier’s check or bank money orders payable to the Contra Costa County Tax Collector. Cash and
personal checks will be accepted for amounts over the minimum bid.
If the purchase price is $50,000.00 or greater, a credit transaction will be accept
ed. The purchaser must
deposit the first $50,000.00 in cash, cashier’s check, or money order, the remainder may be paid with a
personal check or put on a credit plan due within 90 days.
The transaction must be completed with 90 days. Failure to complete t
he transaction in full and on time
will result in forfeiture of all deposits.
Purchasers of property at the tax sale must also pay a Documentary Transfer Tax on the amount of the
bid. The tax is based on the rate of $.55 for each $500.00 or fractional par
t of each $500.00 when the bid
exceeds $100.00.
Purchasers of property within the city of Richmond must also pay a City Transfer Tax in addition to the
Documentary Transfer Tax. The rate for this city tax is $7.00 per $1,000.00 of the purchase price.
How
can I determine what use I can make of a Tax Sale property before I purchase it?
Consult the
zoning and planning departments of any city within which a property lies or the County’s Building
Rogue Tax Sale Investor
-
135
-
Inspection Department for property in unincorporated areas regar
ding use of the parcel. The County
Recorder’s records should be consulted for any recorded easements on a property.
How do I obtain information on Tax Lien Certificate Sales?
The Contra Costa County Treasurer
-
Tax
Collector does not offer tax lien certific
ates.
How can I get parcel maps of the properties?
Copies of the parcel maps can be purchased from the
C
ounty Assessor (
http://www.co.contra
-
costa.ca.us/depart/assr/assr.htm
). The Tax
Collector has a limited
number of sets of maps for public viewing at the office. Please remember to investigate before you
purchase. All sales are final.
Should the successful purchaser desire a survey of the property, it will be at the purchaser's own in
itiative
and expense. No warranty is made by the County, either expressed or implied, relative to the usability,
the ground location, or property lines of the properties. The exact location, desirability, and usefulness of
the properties must be determined
by the prospective purchaser.
The County assumes no liability for any other possible liens, encumbrances or easements, recorded or
not recorded. When property is sold at a tax sale on which the IRS holds a tax lien, the United States has
the right of red
emption for 120 days from the date of such sale (26 USC Sec. 3712[g] and 7425[d]). The
IRS will pay the actual amount paid for the property by the bidder, plus interest at 6% per annum from the
date of sale, plus the expenses of sale that exceed any income
received from the property.
(1c) Public Auction Bidder Registration Information and Form
http://www.cctax.us/BidderRegistration.pdf
Excerpts
from web page
:
Anyone who wishes to bid on prop
erty offered for sale
must be pre
-
registered and assigned a bidder
card.
A registration application form and deposit of $1,000 is required for each bidder card issued. The
registration deposit must be paid by cash, cashier’s check or bank
-
issued money orde
r. Other money
orders and checks will not be accepted. Your deposit will be applied to your first purchase at the tax sale.
All unused deposits will be refunded by the Treasurer
-
Tax Collector’s Office by mail within two to three
weeks after the sale.
You
must register in person at the office of the Treasurer
-
Tax Collector, 625 Court Street, Room 100,
Martinez, CA 94553. We will be registering bidders in our office from 8:00 a.m. until 5:00 p.m., Monday
through Friday, beginning January 24, 2005 and ending
February 11, 2005.
You may not register at the
sale.
We will require valid picture identification at the time of registration (i.e., driver’s license, military ID
card, passport, California ID card). Expired identification cards/documents will
not
be accep
ted.
You must vest the way you register
. If you wish to register/vest for someone not present at the tax sale,
you must show a
notarized
power of attorney for each person you are representing. If you wish to
register/vest as a public agency, a company, a
corporation or a partnership, you will need to provide
notarized copies
of the document that gives you the authority to register/vest and purchase on their
behalf. This documentation might be in the form of a minute order from the board, a board resolution
,
registration of a partnership or articles of incorporation.
Changes in vesting will not be accepted after
registration is complete.
You must pay for your purchase immediately at the conclusion of the tax sale.
All sales are final
. Even if the successf
ul bidder makes a mistake and bids on the wrong property, the sale
will remain final. All sales of property must be paid for immediately. If the property is not paid for
immediately, the sale of that parcel will be declared null and void and the property w
ill be re
-
offered at the
next tax auction. No opportunity will be given for any successful bidder to go to the bank prior to
completing payment of the sales price
. Successful bidders
who refuse to pay for
the property they have
bid on
will have the bidder
card voided and they will forfeit their right to their registration deposit and may
be excluded from future sales. Please read the Official Terms and Conditions before participating in the
tax sale. You ma
y also wish to refer to our web
site for answers to
Frequently Asked Questions (FAQ’s)
under the Service category: Public Auction.
Rogue Tax Sale Investor
-
136
-
ROGUE INVESTOR NOTE
: Web page includes additional information on time and place of tax sale,
conditions of payment,
tax sale cancellation rights of the Contra Costa County Tax C
ollecto
r, and
investigating before you bid;
and includes a bidder registration form.
(1d) Public Auction
Public Auction List
http://www.cctax.us/listofauction.pdf
from Treasurer
-
Tax Collector’s hom
e page,
mouse over
“Servi
ces,” then over
“Public Auction” and then
click
on “Public Auction List”
Contra Costa County Public Auction
Board of Supervisors Chambers, 651 Pine Street, Room 107, Martinez, CA
Owners have the right to redeem their property unti
l 5 p.m. on the day prior to sale.
(2) Contact Information
from Treasurer
-
Tax Collector’s home page,
mouse over
“About” and then
click
on “Contact Information”
County Finance Building
625 Court Street, Room 100
Martinez, CA
Mailing address:
P.O. Box 631
,
Martinez, CA 94553
-
0063
Phone: (925) 646
-
4122 for all secured, unsecured and supplemental taxes
DEL NORTE COUNTY, CALIFORNIA
http://www.co.del
-
norte.ca.us
TREASURER
-
TAX COLLECTOR’S OFFICE
from
http://www.co.del
-
norte.ca.us
, click on “County Government
,
” then on “County Departments
and
Agencies
” and then on “Tax Collector”
Dawn La
ngston, Treasurer/Tax Collector
981 H Street, Suite 150
,
Crescent City, CA 95
531
Phone: (707) 464
-
7283
Fax: (707) 464
-
7247
Email:
taxcollector@co.del
-
norte.ca.us
(1)
Auction of Tax Defaulted Properties
from
the Treasurer
-
Tax Collector’s home page, click on “Auction of Tax Defaulted
Properties”
The Del Norte County Tax Collector will hold a public Internet auction of Tax
-
Defaulted Properties on May
3
-
6
, 200
8
. The auction will be held on the Internet
to allow more people the opportunity to bid. Properties
to be sold may include resid
ential, commercial and undeveloped land in various locations throughout Del
Norte County.
Research Information:
http://www.dnco.org/cf/topic/tax/researchinfo2008.pdf
Frequently Aske
d Questions:
http://www.dnco.org/cf/topic/tax/FAQ2008.pdf
Offline Bid Form:
http://www.dnco.org/downloads/Offline%20B
id%20Form%2008.pdf
Terms of Sale
:
http://www.dnco.org/cf/topic/tax/TOS2008.pdf
Potential bidders are
encouraged to register early.
The final date for receipt of deposits is April 29, 2008
.
C
lick
here
for further information on the auction
:
http://www.bid4assets.com/storefront/?sfid=411
.
Bidders
are responsible for understanding the Terms of Sale issued by the Del Norte County Tax
Collector as well
as Bid4Assets’ Terms of Service.
If you are not able to access the Internet, information packets and “Off
-
Line” bid forms will be available in
the Tax Collector’s Office.
Rogue Tax Sale Investor
-
137
-
Photographs may or may not be the actual parcel offered for s
ale and may include items that
are not
included in this sale.
We urge all bidders to examine the title, location and desirability of the property to
their own satisfaction prior to the sale.
ROGUE INVESTOR NOTE
: See web page for
a list of parcels with map
s, photos and minimum bids
(1a
) Research Information
http://www.dnco.org/cf/topic/tax/researchinfo2008.pdf
ROGUE INVESTOR NOTE
:Webp
age provides contact information for questions r
elated to valuation;
official records; zoning, land use and building permits
incorporated and unincorporated areas; and tax
sale questions not answered in due diligence.
(1b
) Frequently Asked Questions
http://www.dnco.org/cf/topic/tax/FAQ2008.pdf
Frequently asked questions about public Internet auction of tax defaulted land.
Questions are:
x
Why does the county sell tax
-
defaulted property?
x
What laws govern tax sales in California?
x
Can I obtai
n title to a property on the tax sale list by paying the delinquent taxes prior to the tax
sale
date? Does the county sell tax lien certificates?
x
Who is notified of the sale?
x
Is the tax sale publicly advertised?
x
When does the right to redeem (pay the taxes
) a tax
-
defaulted property subject to the power to
sell
cease?
x
How is the minimum bid on a tax sale property determined?
x
Does the county guarantee the property?
x
Contaminated/Possible Contaminated Properties?
x
Do liens or encumbrances on a tax
-
defaulted prop
erty transfer to the new owner after purchase of
the property at a tax sale?
x
How do I find a property I’d like to bid on at the tax sale?
x
How can I determine what use I can make of a tax sale property before I purchase it?
x
How can I find out if a property
I am interested in has been withdrawn from the sale (for payment
of
taxes or any other reason)?
x
How can I register as a bidder?
x
How does the bidding process proceed?
x
How can a successful bidder pay for a property at the tax sale?
x
If I am the successful bid
der, how can I hold title (vesting)?
x
How soon can I take possession of a property after purchase at the tax sale?
x
What steps should I take if there are occupants living on the property or personal property left on
the premises?
x
Is property purchased in a t
ax sale eligible for title insurance?
x
What happens to property that does not sell at the tax sale? Can the property be purchased
directly
from the county?
x
How can I get more information?
x
What happens if I am the successful bidder but decide that I don’t wa
nt the property after all?
(1c) Offline Bid Form
http://www.dnco.org/downloads/Offline%20Bid%20Form%2008.pdf
Bid4Assets offline bid form for Internet auction.
Rogue Tax Sale Investor
-
138
-
(1d)
Terms
of Sale
http://www.dnco.org/cf/topic/tax/TOS2008.pdf
1. The auction will begin at 8:00 a.m. PST (11:00 a.m. EST) on May 3, 2008 and the auction
will close at
the time shown on each auction it
em on May 6, 2008.
2. The asset information is being updated daily and will not be finalized until the day of the
sale. Please
read all due diligence materials and check the spreadsheets for updates.
3. The descriptions provided are based on the Official
Records of the County Recorder’s
Office and are
presumed to be correct. The property to be sold may be approximately
located from maps provided in the
Due Diligence information on each auction item on
Bid4Assets.com.
4. The right of the former owner to r
edeem any parcel is forfeited as of 5:00 p.m. PST on May
2, 2008.
Properties removed from the sale will be so indicated on the Asset Page listing for
a specific property.
5. Prospective purchasers are urged to examine the title, location and desirability
of the
properties
available to their own satisfaction prior to the sale.
All properties are sold as is
. The County makes no
guarantee, expressed or implied, relative to the title,
location, acreage or condition of the properties for
sale. The County assume
s no liability
for any other possible liens, encumbrances or easements, recorded
or not recorded.
6. Notice of Contaminated/
Possible Contaminated Properties: When we become aware of
properties on
our sales list that are known or suspected to be contaminat
ed, we will identify
these properties and the
Lead Agency’s name and address where all available information
may be reviewed.
Do not
bid on these
properties unless you understand the issues related
to contaminated properties. Prior to bidding, you
should c
ontact your attorney regarding the
possible purchase of contaminated properties.
7. Prospective purchasers are advised that some bonds or other assessments which are
levied by
agencies or offices other than the Treasurer
-
Tax Collector may still be
outstan
ding after the tax sale.
8. Some properties in some counties may have 1911, 1913 and/or 1915 Improvement Act
Bonds, or
Mello Roos Bonds, which are noted on the Asset Page listing of the property.
9. When property is sold at public auction on which the IR
S holds a tax lien, the United States
has the
right of redemption for 120 days from the date of such sale (26 USC Sec. 3712(g)
and 7425(d)). The IRS
will pay the actual amount paid for the property by the bidder, plus
interest at 6% per annum from the
date
of sale, plus the expenses of sale that exceed any
income received from the property.
10. If the successful purchaser desires a survey of the property, it will be at the purchaser’s own
initiative
and expense. The County makes no warranty, either express
ed or implied, relative
to the usability, the
ground location, or property lines of the properties. The prospective
purchaser must determine the exact
location, desirability, and usefulness of the properties.
11. The sale of these properties should not, i
n any way, be equated to real estate sales by
licensed
salesmen, brokers and realtors. The County Tax Collector cannot guarantee the
condition of the property
nor assume any responsibility for conformance to codes, permits or
zoning ordinances. You should
inspect the property before investing. The burden is on
the purchaser to thoroughly research, before the
sale, any matters relevant to his or
her decision to purchase, rather than on the county, whose sole
interest is the recovery
of back taxes.
12. Your
bid is an irrevocable offer to purchase the asset.
13. Successful bidders will be asked to complete a deed information form showing how they
want the title to the property to be held (vesting). The Deed Information form will be
provided to the
winning bid
ders and must be completed within 48 hours following the
close of the auction. The County
Recorder will mail the original deed to the purchaser after
recording, usually within four to six weeks. This
deed conveys all right, title, and interest to
the prope
rty in accordance with the provisions of Revenue and
Taxation Code section 3712.
Rogue Tax Sale Investor
-
139
-
14. A California documentary transfer tax will be added to, and collected with, the full
purchase price. This
tax is calculated at the rate of $.55 for each $500.00 or fractio
nal
part thereof, if the purchase price
exceeds $100.00.
15. The notification of winning bid will include the total purchase price, including documentary
transfer tax,
with instructions concerning the various payment methods.
16. Unless otherwise noted,
payment in full by wire transfer, electronic funds transfer or
cashier’s check
will be required by 5:00 p.m. PST, May 9, 2008, three (3) business days
after sale closes. A $15
processing fee may be required in addition to the winning bid. No
personal check
s or credit card
payments will be accepted. Payments in excess of the total
purchase price will be refunded by mail within
30 days. To ensure that a cashier’s check
payment is received timely, please check with a reliable
delivery service. If payment
polic
y is not adhered to, the successful bidder may be banned from future
sales.
17. Properties identified on asset description page as being eligible for a credit sale will require
a deposit of $5,000 or 10% of winning bid, whichever is greater, by 5:00 p.m.
PST, May 9,
2008, three (3)
business days after a subsequent sale closes. The balance will be due,
meaning good funds in the Tax
Collector’s office, within 30 calendar days of the sale date.
18. A single bid deposit (plus a $15 processing fee) may be requ
ired to bid on any and all
properties
offered for sale by an individual county. If a bid deposit is required, the amount
of the deposit will be
identified on each county’s store front or on the individual asset
description. Bid Deposits must be in the
form
of a wire transfer or cashiers check and
must be in the custody of Bid4Assets no later than Tuesday,
April 29, 2008 at 4:00 p.m.
EST (1:00 p.m. PST). Please contact Bid4Assets directly for instructions and
questions
pertaining to Bid Deposits.
19. Only a
successful bidder has the opportunity to purchase County assets. If the successful
bidder
defaults, under California State Law, the County cannot resort to the second highest
bidder, and will be
required to take appropriate legal action against the bidder
who
defaults. Failure on the part of the
successful bidder to consummate the sale within
the specified time shall result in the forfeiture of the
deposit made and all rights that
the purchaser may have had with respect to the property.
20. The successful
bidder may take possession of the property after the tax deed to purchase has
been
recorded. Most title companies will not insure title on properties sold at public auction
for at least one (1)
year after the tax deed has been recorded. Legal action to ch
allenge a tax
sale must be commenced
within one (1) year of the tax recording date.
21.
All sales are final. There are absolutely no refunds.
Rules are subject to modification between now and commencement of sale.
Rogue Tax Sale Investor
-
140
-
FRESNO COUNTY, CALIF
OR
NIA
http://www.co.fresno.ca.us
AUDITOR
-
CONTROLLER/TREASURER
-
TAX COLLECTOR’S OFFI
CE
http://www.co.fresno.ca.us/0410/default.htm
Vicki Crow
,
Fresno County Treasurer
2281 Tulare Street
Hall of R
ecords, Room 105
Fresno, California 93721
Mailing address
P.O. Box 1247
Fresno, California 93715
Phone: (559) 488
-
3482
Fax: (559) 488
-
3493
Email:
TaxCollectorWebMail@co.fresno.ca.us
T
AX COLLECTION UNIT
(within Auditor
-
Controller/Treasurer
-
Tax Collector’s Office)
http://www.co.fresno.ca.us/0410/tax.htm
The Tax Collector is responsible for maintaining tax
-
defaulted property (secur
ed delinquent) tax records.
This includes preparing all required notices of payment due, courtesy notices and required publications,
preparing and recording Notices of Power to Sell and releases, and scheduling the actual sale of tax
defaulted property and
maintaining the appropriate records.
Rolein Hiatt, Chief Accountant/Tax Manager
(1) Tax Sale
General Information
http://www.co.fresno.ca.us/0410/taxsalesGeneralI
nfo
-
no%20sale%20pending.htm
Fresno County’s next tax sale
is tentatively scheduled for March
4
-
69, 2008
.
It will be held on the Internet.
The list of properties will be available
during
the first week of February 2008 at
http://www.bid4assets.com/fresno
.
The Fresno County Auditor
-
Controller/Treasurer
-
Tax Collector does not maintain a permanent tax sale
mailing list. Our Internet Auction site is hosted by Bid4Assets.com
.
Prospective purchasers will be
asked to register via the Internet. Each registered bidder will receive an
identification number, which the bidder must have in order to participate. All parcels will be sold by asset
number and in the order listed. Minimum bids will be as stated per parce
l and each raise will be in
increments of at least $100 until sold.
The descriptions given are based on the official records of the Fresno County Assessor
-
Recorder’s Office
and are presumed to be correct. The property to be sold may be approximately loca
ted from maps
available for viewing at the Internet Auction Advertising Service Provider’s website address.
The right of the former owner to redeem any parcel is forfeited as of 5:00 p.m. on the last business day
prior to the sale.
Prospective purchase
rs are urged to examine the title, location and desirability of the properties available
to their own satisfaction prior to the sale.
All properties are sold “As I
s
.
Fresno County makes no
guarantee, expressed or implied, relative to the title, location o
r condition of the properties for sale. All
property taxes currently due will be paid from the proceeds of the sale.
Please note: Prospective purchasers are advised that some bonds or o
ther assessments which are levied
by agencies or offices other than
the Auditor
-
Controller/Treasurer
-
Tax Collector may still be outstanding
Rogue Tax Sale Investor
-
141
-
after the tax sale; in addition, the
Internal Revenue Service
has the option of redeeming, up until 120 days
after the sale, any property on which there is an I.R.S. lien recorded.
Th
e successful bidder may take possession of the property after the tax deed to purchaser has been
recorded. Most title companies will not insure title on properties sold at pub
lic auction for at least one
year
after the tax deed has been recorded. Legal act
ion to challenge a tax sale m
ust be commenced within
one
year of the tax recording date.
All sales are final.
Prior to payment, successful bidders will be asked to complete a "deed slip" showing how they want the
property purchased to be conveyed. The d
eed will be mailed to the purchaser after recording, usually
within six to eight weeks. This deed conveys all right, title, and interest to the property in accordance with
the provisions of Revenue and Taxation Code section 3712.
A California documentary
transfer tax will be added to, and collected with, the full purchase price. This tax
is calculated at the rate of $.55 for each $500.00 or fractional part thereof, if the purchase price exceeds
$100.00.
Payment in full by cash or cashier’s check (made p
ayable
to Fresno County Tax Collector) must be made
within 5 business days after the conclusion of the online auction. No personal or business checks will be
accepted. Payments in excess of the purchase price will be refunded by mail within 30 days.
KER
NCOUNTY,CALIFORNIA
http://www.co.kern.ca.us
TREASURER AND TAX CO
LLECTOR
http://www.kcttc.co.kern.ca.us
Phil Franey, Kern County Treasurer and Tax Collector
1115
Truxtun Avenue
Bakersfield, CA 93301
Phone: (661) 868
-
3490
Toll
-
free phone: (800) 552
-
KERN
Fax: (661) 868
-
3409
(1) Tax Sales
http://www.kcttc.co.kern.ca.us/taxsales.cfm
Our next tax sale is s
et for August 14
-
16, 2006 and will feature properties located in Bakersfield, Delano,
Taft, Rosamond and California City.
The list of properties will be available about a month prior to our sale.
The Treasurer
-
Tax Collector is not allowed, by law, t
o sell properties by any means other than at a public
auction. Kern County does not sell tax liens for tax
-
defaulted properties nor do we maintain a list of
contacts for tax sales.
Research before you invest.
The sale of these properties should not, in an
y way, be equated to real
estate sales by licensed salesmen, brokers and realtors. The County Treasurer
-
Tax Collector cannot
guarantee the condition of the property nor assume any responsibility for conformance to codes, permits
or zoning ordinances. You s
hould inspect the property before investing. The burden is on the purchaser
to thoroughly research, before the sale, any matters relevant to his or her decision to purchase, rather
than on the county, whose sole interest is the recovery of back taxes.
It
is recommended that bidders consult with the Zoning Department of any city within which a particular
parcel lies. Tax
-
defaulted property will be sold on an "as is" basis.
Rogue Tax Sale Investor
-
142
-
Should the successful purchaser desire a survey of the property, it will be at the p
urchaser’s own initiative
and expense. No warranty is made by the County, either expressed or implied, relative to the usability,
the ground location, or property lines of the properties. The exact location, desirability, and usefulness of
the properties m
ust be determined by the prospective purchaser.
The County assumes no liability for any other possible liens, encumbrances or easements, recorded or
not recorded. When property is sold at public auction on which the IRS holds a tax lien, the United States
has the right of redemption for 120 days from the date of such sale (26 USC Sec. 3712[g] and 7425[d]).
The IRS will pay the actual amount paid for the property by the bidder, plus interest at 6% per annum
from the date of sale, plus the expenses of sale t
hat exceed any income received from the property.
(2) Online Auction: Tax Sale Questions and Answers
http://www.kcttc.co.kern.ca.us/salefaq.cfm
Internet Auctions
http://www.bid4assets.com
Offline Bidding Instructions: call toll free at (877) 427
-
7387
Who can place a bid?
Only registered Bid4A
ssets.com members. You must register to bid.
What is an autobid?
An auto bid (or proxy) saves you time and mone
y. An auto bid authorizes
Bid4Assets to bid $100 above any competing bid, up to, but not exceeding the maximum dollar amount
that you are willing to pay. In other words, your bid will automatically increase
only
as other bidders
participate, up to your spe
cified maximum amount. This enables you to continually bid without having to
constantly monitor the auction.
Can I change or cancel a bid?
Your bid is an irrevocable offer to purchase the asset.
What is the minimum bid price?
That is the minimum dollar a
mount we are willing to accept for an item
to be sold at the auction.
What happens when the auction end s?
The winning bidder will receive an Asset Alert stating that the
auction has closed
,
including the asset description and closing bid price. If you are
the winning bidder,
you will need to either wire funds to us or FedEx a cashier’s check made payable to Phil Franey
KCTTC. Our address is: 1115 Truxtun Avenue, Bakersfield, CA 93301. It is your responsibility to
complete the sale in accordance with the
Terms of Sale in the online Asset Listing.
How do I bid offline?
You must contact
B
id4
A
ssets.com’s Client Services Department at (877) 427
-
7387. You will be registered to bid and will then receive the Offline Bid Form, either faxed or mailed to
you. You w
ill also receive Terms of Service and Additional Terms of Service information.
(3) Online Auction: Tax Sale Brochure
from
http://www.kcttc.co.kern.ca.us/taxsales.cfm
, click on “Tax Sale Brochure
(4) Tax
-
Defaulted Property: General Tax Sale I nformation
http://www.kcttc.co.kern.ca.us/taxdeflt.cfm
Note:
The Treasurer
-
Tax Collector does not maintain a permanent tax sale mailing list. If
you wish to view
our list of tax
-
defaulted properties, please call Bid4Assets.com at (877) 427
-
7387 or visit their website
at
http://www.bid4assets.com
.
General Information:
x
Prospective purchasers will be asked
to register via the Internet. Each registered bidder will
receive an identification number, which the bidder must have in order to participate. All parcels
will be sold by item number and in the order listed. Minimum bids will be as stated per parcel and
each raise will be in increments of at least $100 until sold.
x
The descriptions given are based on the official records of the Kern County Assessor
-
Recorder’s
Office and are presumed to be correct. The property to be sold may be approximately located
Rogue Tax Sale Investor
-
143
-
from
maps available for viewing at the Internet Auction Advertising Service Provider’s website
address.
x
The right of the former owner to redeem any parcel is forfeited as of 5:00 p.m. on the last
business day prior to the sale.
x
Prospective purchasers are urge
d to examine the title, location and desirability of the properties
available to their own satisfaction prior to the sale. All properties are sold “as is.” The County of
Kern makes no guarantee, expressed or implied, relative to the title, location or cond
ition of the
properties for sale. All property taxes currently due will be paid from the proceeds of the sale.
Please note: Prospective purchasers are advised that some bonds or other assessments which
are levied by agencies or offices other than the Treas
urer
-
Tax Collector may still be outstanding
after the tax sale; in addition, the I.R.S. has the option of redeeming, up until 120 days after the
sale, any property on which there is an I.R.S. lien recorded.
x
The successful bidder may take possession of the
property after the tax deed to purchaser has
been recorded. Most title companies will not insure title on properties sold at public auction for at
least one year after the tax deed has
been recorded. Legal action to challenge a tax sale must be
commenced w
ithin one year of the tax recording date.
x
All sales are final.
x
Prior to payment, successful bidders will be asked to complete a "deed slip" showing how they
want the property purchased to be conveyed. The deed will be mailed to the purchaser after
recordi
ng, usually within four to six weeks. This deed conveys all right, title, and interest to the
property in accordance with the provisions of Revenue and Taxation Code section 3712.
x
A California documentary transfer tax will be added to, and collected with,
the full purchase price.
This tax is calculated at the rate of $.55 for each $500.00 or fractional part thereof, if the purchase
price exceeds $100.00.
x
Payment in full by cash or cashier’s check (made payable to Phil Franey, KCTTC)
must be made
within fi
ve business days after the conclusion of the online auction.
No personal checks will be
accepted
.
Payments in excess of the purchase price will be refunded by mail within 30 days.
(5) Tax
-
Defaulted Property: Tax Sale Compari son
http://www.kcttc.co.kern.ca.us/taxsalestats.cfm
Tax sale history statistics.
(6) GIS Maps
http://206.169.45.184/imf/imf.jsp?site=krn_pro
(7) Tax
-
Defau
lted Property: Entire List of Tax
-
Defaulted Properties Subject to Power to Sell
http://www.kcttc.co.kern.ca.us/ptslist.cfm
After five years of tax
-
defaulted status, defaulted properties become
subject to the "Power to Sell." These
properties may be sold at future Internet auctions, unless redeemed for the full taxes, penalties, and other
associated costs. Occasionally, other factors such as a bankruptcy may delay the offering of a property
for
sale. The listing of tax
-
defaulted properties displays the owner name of record, the ATN (Assessor Tax
Number), and the Amount Owed (approximation).
Power to Sell listing dated
April 8, 2008
.
(
8
) Contact Information
http://www.kcttc.co.kern.ca.us/contact.cfm
Rogue Tax Sale Investor
-
144
-
LOS ANGELES COUNTY,
CALIFORNIA
http://lacounty.info
TREASURER AND TAX CO
LLECTOR
http://ttax.co.la.ca.u
s
Mark Saladino, Treasurer and Tax Collector
225 N. Hill Street
Los Angeles, CA 90012
Email:
info@ttc.lacounty.gov
Phone, Tax Defaulted Property Auctions:
(213) 974
-
2045
(1) Public Auction
from
http://ttax.co.la.ca.us
, mouse over “Services” and then over “Public Auction”
(1a) 2008A
Tax Sale
General Information
http://ttax.co.la.ca.us/Proptax/auct
ion_intro.htm
The County of Los Angeles Treasurer and Tax Collector sells properties located in Los Angeles County
for which property taxes have not been paid for 3 years or more. The Public Auctions are open to the
public. The next Public Auction of tax
defaulted property will beheld on February 11 and 12, 2008 starting
at 9:00 a.m. (PST) at the Los Angeles County Fairplex in Pomona, California.
The auction list for the 2008A tax sale of the tax defaulted properties in the County of Los Angeles will be
available over the internet only starting on November 20, 2007 and available for sale by telephone or in
person starting on December 11, 2007. Bidder registration will be open from 8:00 a.m. to 5:00 p.m.
beginning January 7, 2008, and ending January 25, 20
08. Prospective bidders are required to
pre
-
register
in person
. The required registration deposit is $5,000. Therefore, a $5,000 deposit in the form
of cash, cashier's check, or bank
-
issued money order payable to the Los Angeles County Tax Collector is
re
quired at registration time. No other forms of payment will be accepted. You must register in person and
receive your bidder card at the office of the Treasurer and Tax Collector, 225 North Hill Street, Room 130,
Los Angeles, California 90012.
You may not
register at the auction site
. We will require valid photo
identification at the time of registration (i.e., driver's license, military ID card, Mexican Matricula Consular,
passport, California ID card). Please read carefully the Bidder Registration require
ments provided in the
auction book and on the Treasurer and Tax Collector’s website at
http://ttc.lacounty.gov
, as other
requirements may apply to persons registering for another person or as a corporation, partners
hip, trust,
etc.
At the time you register, you can increase your initial registration deposit by opening an Auction Trust
Account. This will eliminate the need to stand in the cashier’s line for the purpose of paying the deposit on
property purchased. To
open an Auction Trust Account, you must deposit a minimum of $5,000, in
addition to the $5,000 registration deposit. During the auction, if you are the successful bidder, proceed to
the Auction Desk and indicate whether or not you want to pay the minimum
amount due or pay the full
purchase price of the property. The Auction Operators will give you a Purchase Agreement indicating the
amount that will be automatically deducted from your Auction Trust Account. Please note that we cannot
apply any funds to you
r purchase until the Purchase Agreement is signed.
As long as there are sufficient funds in your Auction Trust Account, there will be
no
need to see the
cashier to complete your purchase at the auction site. To set
up the Auction Trust Account, contact th
e
Bidder Registration Unit at (213) 974
-
2040. Only cash, cashier’s checks, and bank
-
issued money orders
payable to the Los Angeles County Tax Collector will be accepted for the Auction Trust Accounts.
Please be advised that unused monies in the Auction Tr
ust Account and unused registration deposit will
be refunded by mail within 30 days from the date of the sale.
No refunds will be issued at the auction.
Date of Auction: February 11 and 12, 2008
Auction Site:
Los Angeles County
Fairplex,
1101 West McKin
ley Avenue
, Building 8,
Pomona,
CA
91768
Time: 9:00 a.m.
Rogue Tax Sale Investor
-
145
-
For information regarding Registration: (213) 974
-
2040
For information regarding Properties in Auction: (213) 974
-
2045
(1b) Bid Registration Form
http://ttax.co.la.ca.us/Proptax/BidderRegistration.pdf
(1c) Critical Dates
http://ttc.lacounty.gov/Proptax/auction_dates.htm
(1d) How to Purchase List of Prop
erties
http://ttc.lacounty.gov/Proptax/auction_purchaseList.htm
ROGUE INVESTOR NOTE
: Includes information on the cost to purchase and how to purchase an auction
book, where to purc
hase assessor’s maps, and a link to purchasing the auction list online.
(1e) Remaining Items
http://ttc.lacounty.gov/Proptax/RemainingItems.asp
Auction closed.
(1f) List of Parcels Sol
d
http://ttc.lacounty.gov/Proptax/auction_SoldParcels.htm
List of parcels sold from tax sales dating back to March 2004.
(1g) Term s and Conditions
http://ttc.lacounty.gov/Proptax/TermsAndCondition.pdf
ROGUE INVESTOR NOTE
: Web page provides information about registration; place, date and time of
sale; caution
investigate before you bid; minimum bid; properties
in tax sale; bidding information;
payment for property purchased at tax sale; forfeited sales; auction trust account; additional
taxes/charges on properties purchased at the auction; liens that are not removed by tax sale; title; sale
after redemption (err
oneous sales); withdrawal of a portion of a parcel that is for sale; contaminated
properties; disaster relief; bankruptcy; tax sale cancellation rights of the Los Angeles County Tax
Collector; and acknowledgement of terms and conditions.
(1h
)AnnualPubli
c Aucti
o
n
Tax Sales
Frequently Asked Questions
http://ttc.lacounty.gov/Proptax/auction_faq.htm
How can I obtain a list of proper ties to be offered at the tax sale?
A list of properties to be
offered for
sale is available from the Office of the Treasurer and Tax Collector.
Auction list sales are final.
The
auction list is also available for public inspection during regular business hours at Regional Offices of the
County Assessor, District Of
fices of members of the Board of Supervisors, and certain Los An
geles
County Public Libraries.
Updated information on prop
erties which remain in the sale
is available at the
Tax Collector's office or by visiting our webs
ite at
http://ttc.lacounty.gov
.
Can I mail in or submit a sealed bid for a property in the public auction sale?
No.
This is an oral
public auction requiring your presence, or that of your representative, to verbally bid upon the properties.
Can I o
btain a property avail able at the public auction tax sale by paying the delinq uent taxes
thereon prior to the tentative tax sale date?
No.
Legal title to tax
-
defaulted property subject to power of
sale can be obtained through the Treasurer and Tax Collecto
r only by being the successful bidder at the
tax sale.
How do I find or see a pro perty I'd like to bid on at the tax sale?
Vacant ("unimproved") land (which
accounts for most property offered at our tax sales) usually has no address and therefore its app
roximate
geographic location can be determined through the use of County Assessor
platt maps.
Exact boundary
lines of a property can be determined only by a survey of the property initiated at the purchaser's
expense. "Improved" properties frequently (but
not always) will bear a "situs" (street) address, making it
Rogue Tax Sale Investor
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146
-
quite
simple to assess the location.
A "situs" (street) address does not mean there are improvements on
the pro
perty or that the improvements
are on the sale.
Do all properties wi t h an address h
ave a home on them?
No
.
An address does not mean there is or
was a structure on the property. It does not guarantee that the address shown in the tax sale list is correct
or that the structure is part of the sale.
How soon can I take possession of a prop
erty after my purchase at the tax sale?
T
he successful
bidder may take possession of a property after the Tax Deed to Purchaser has been recorded.
How is the minimum bid on a tax sale property determined?
State law dictates that the minimum bid
for prope
rty offered at a public auction tax sale be an amount not less than the total amount necessary to
rede
em the tax default, plus cost.
Except pursuant to Section 3698.5(c) of the California Revenue and
Taxation Code, when property interests have been offered
at a previous sale and no acceptable bids
were received, the Tax Collector may offer that property or property interest at a minimum bid that is less
than the amount of the tax default, plus cost.
Is a tax sale publicly advertised?
Y
es.
State law dictat
es that the event of a tax sale must be p
ublished
three times in successive seven
-
day intervals before the tax sale date in a newspaper, or newspapers of
general circulation within Los Angeles County
.
All parcels in the next tax sale will be advertised in
various
local newspapers, the first publication date bei
ng not less than 21
days prior to the date of the sale.
When does the right of redemption on a tax
-
defaulted parcel subject to the power to sell cease?
The right of redemption on a tax
-
defaulted par
cel subject to the Tax Collector's power to sell ceases at
the close of business on the last business
day prior to the date of sale.
There is no extended right of
redemption in the State of California as does exist in some others states.
How soon may I b
egin improvement of the property after my purchase?
T
here is a one
-
year period
of time, after the date the tax deed is executed
,
that a proceeding based on alleged invalidity or
irregularity can be commenced, pursuant to Section 3725 of the California Reve
nue and Taxation Code.
What happens to the properties that do not sell at the auction?
Can tax sale properties be
purchased directly from the County?
If no acceptable bids are received for a property, it will be offered
again at intervals of no more than
six years until the property is sold, pursuant to Section 3692 of the
Califor
nia Revenue and Taxation Code.
Legal title to tax
-
defaulted property subject to power of sale can
be obtained through the Treasurer and Tax Collector only by being the successful
bidder at the tax sale.
Additionally, pursuant to Section 3698.5(c) of said code, the Tax Collector may re
-
offer the property at
any time for a minimum bid that is set at the discretion of the Tax Collector and approved by the County
Board of Supervisors.
Please remember to in
vestigate before you purchase.
All sales are final.
(2) Additional Auction Information
http://ttc.lacounty.gov/Proptax/auction_info.htm
The Public Auction of Tax
Defaulted Parcels will be held on February 11 and 12, 2008 at the Los Angeles
County Fair Grounds at the FairPlex in Pomona, California.
Please continue to check this website for updates to the auction including the items indicated below:
List of Proper
ties with Known
:
x
Special Conditions:
i.e., contaminated, possible parking stalls, etc.
x
IRS Liens:
http://ttc.lacounty.gov/Proptax/2008A%20IRS%20Lien.pdf
x
Weed Abatement Liens:
http://ttc.lacounty.gov/Proptax/2008A%20Weed%20Abatement%20Liens.pdf
x
Brush Clearance Liens:
http://ttc.lacounty.gov/Proptax/2008A%20Brush%20Clearance%20Liens.pdf
Rogue Tax Sale Investor
-
147
-
x
CI Bond Disc
losure for Parcel #4451
-
015
-
065:
http://ttc.lacounty.gov/Proptax/2008A%2
0CI%20Bond%20Disclosure%204451015065.pdf
x
Coastal Commission Group
Parcels (removed from tax sale):
http://ttc.lacounty.gov/Proptax/2008A%20Coastal%20Commis
sion%20Group%20Parcels.pdf
x
Parcels with Special Circumstances
:
http://ttc.lacounty.gov/Proptax/2008A%20Special%20Circumstances.pdf
ORANGE COUNTY, CALIF
ORNIA
http://egov.ocgov.com/portal/site/ocgov
TAX COLLECTOR’S OFFICE
from the county home page, click on “Departments & Agencies” under the header “Channels,” then on
“Treasurer
-
Tax Collector,” and then on “Tax Co
llector”
This office is responsible for the sale of property subject to the "power to sell," formerly known as
delinquent tax deeded property.
(1
) Property Auctions
from the Treasurer
-
Tax Collector web page, click on “Property Auctions” under the header
“Popular Links”
General Information and Bidder's Instructions for the Live Auction Sale of Tax Delinquent Real Property in
the County of Orange
Live Auction Sale
:
March 19, 2008
The Orange County Treasurer
-
Tax
Collector is offering for sale
real pr
operty located in the County of
Orange. This property has become subject to the Tax Collector’s Power to Sell due to non
-
payment of
property tax for five or more tax years. The sale of “Tax
-
Defaulted Property Subject to Power to Sell” is
conducted by the C
ounty Treasurer
-
Tax Collector pursuant to the provisions of the Revenue and Taxation
Code and the written authorization of the Controller of the State of California. The Orange County
Treasurer
-
Tax Collector
does not
offer tax lien certificates, sealed bid
s or over
-
the
-
counter sales.
ROGUE INVESTOR NOTE
: See web page for information on the following: caution to bidders, time and
place of sale, registration, deposit, minimum bids, a list of the properties offered for sale, maps, payment
information, title,
sale after redemption, possible cause for reversal of tax deed, caution
investigate
before you bid, toxic waste properties, liens, and bidder’s instructions.
(2
) Contact Information
from the Treasurer
-
Tax Collector web page, click on “Contact Us
The T
reasurer
-
Tax Collector
12 Civic Center Plaza
Santa Ana, CA 92701
Mailing address: P.O. Box 4515, Santa Ana, CA 92702
Phone: (714) 834
-
3411
Fax: (714) 834
-
6229
Email:
ttcinfo@ttc.ocgov.com
Rogue Tax Sale Investor
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148
-
PLACER COUNT
Y, C ALIFORNIA
http://www.placer.ca.gov
TREASURER
-
TAX COLLECTOR’S OFFICE
http://www.placer.ca.gov/departments/tax.aspx
Jenine Windeshausen,
Treasure
r
-
Tax Collector
Finance Administration Building
2976 Richardson Drive, 2nd Floor
Auburn, CA 95603
Phone: (530) 889
-
4120
Fax: (530) 889
-
4123
Email:
taxcollector@placer.ca.gov
(1
)
Tax Land Sale
Informa
tion
http://www.placer.ca.gov/Departments/Tax/LandSale/GeneralInfo.aspx
(2
) Tax Land Sale
http://
www.placer.ca.gov/Departments/Tax/LandSale.aspx
The next tax
-
defaulted land sale will be held on May 23, 2008 in the
Planning Commission Hearing Room
Community Development Resource Center
,
3091 County Center Dr
ive,
Auburn, CA
.
Everything You Ever Wan
ted To Know About Tax Defaulted Land Sales
Prospective purchasers will be asked to register on the morning of the sale. Registration will include
name and mailing address and may require identification as deemed necessary for the processing of
auction doc
uments. A $500.00 refundable deposit is required when you register (cash or cashier's check).
Personal checks will not be accepted. Unsuccessful bidders will be refunded their deposit at the
conclusion of the sale.
Proper ID will be required at that time.
Each registered bidder will receive an identification number, which the bidder must have in order to
participate. All parcels will be sold by item number and in the order listed. Minimum bids will be as stated
per parcel and each raise will be in incremen
ts of at least $100 until sold.
All sales require full payment, which includes the transfer tax and recording fee. At the tax collector's
discretion, purchases over $5,000 may be paid for on a credit payment plan, but they still require 10
percent of the
bid or $5,000, whichever is greater, deposited at the time of the sale. The balance is
payable in lawful money of the United States or negotiable paper, as specified by the tax collector, within
a period specified by the tax collector, not to exceed 90 da
ys from the date of the auction, as a condition
precedent to the transfer of title to the purchaser. If the balance due is not paid within the period specified,
the deposit is forfeited, along with all rights
with respect to the property (Section
3693.1).
The descriptions given are based on the official records of the Placer County Assessor's Office and are
presumed to be correct. The property to be sold may be approximately located from maps available for
viewing in the Treasurer
-
Tax Collector's Office at
2976 Richardson Drive, 2nd Floor, Auburn, CA 95603.
Please contact the Assessor's Office at 2980 Richardson Drive, 2nd Floor, Auburn, CA 95603 (phone:
530
-
889
-
4300), if assistance is needed in locating the properties on these maps.
The right of the form
er owner to redeem any parcel is forfeited on the last business day prior to the sale.
Properties removed from the sale may be obtained by calling (530) 889
-
4120 or by visiting this website. In
addition, properties removed from the sale will be announced a
t the beginning of the sale.
Prospective purchasers are urged to examine the title, location and desirability of the properties available
to their own satisfaction prior to the sale. All properties are sold as is. The County of Placer makes no
guarantee,
expressed or implied, relative to the title, location or condition of the properties for sale. All
property taxes currently due will be paid from the proceeds of the sale.
Rogue Tax Sale Investor
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149
-
Please note: Prospective purchasers are advised that some bonds or other assessme
nts which are levied
by agencies or offices other than the Treasurer
-
Tax Collector may still be outstanding after the tax sale; in
addition, the I.R.S. has the option of redeeming, up until 120 days after the sale, any property on which
there is an I.R.S.
lien recorded.
The successful bidder may take possession of the property after the tax deed to purchaser has been
recorded. Most title companies will not insure title on properties sold at public auction for at least one year
after the tax deed has been r
ecorded. Legal action to challenge a tax sale must be commenced within
one year of the tax recording date.
All sales are final.
Prior to payment, successful bidders will be asked to complete a "deed slip" showing how they want the
property purchased to
be conveyed. Title
is
vested
in the name of the actual
purchaser.
If title
is to
be
vested
differently, we
require
a notarized letter from the individual for whom you are acting as an agent,
stating the manner in which title is to be vested. The deed will
be mailed to the purchaser after recording,
usually within four to six weeks. This deed conveys all rights, title, and interest to the property in
accordance with the provisions of Revenue
and Taxation Code section 3712
(
http://www.placer.ca.gov/Departments/Tax/~/media/tax/documents/R_T%203712%20pdf.ashx
).
A California documentary transfer tax will be added to, and collected with, the full purchase price.
This tax
is calculated at the rate of $.55 for each $500.00 or fractional part thereof, if the purchase price exceeds
$100.00.
Payment in full by cash, money order or cashier's check will be required at the time of sale. No personal
checks will be accep
ted. Payments in excess of the purchase price will be refunded by mail within 30
days.
The following banks are within close proximity to the sale location:
x
Bank of America
-
900 High Street, (916) 632
-
3910
x
Golden 1
-
2248 Grass Valley Highway, (877) 4
65
-
3361
x
Placer Sierra Bank
-
949 Lincoln Way, (530) 888
-
2814
x
Umpqua Bank
-
11795 Atwood Road, (530) 889
-
3726
x
Union Bank of California
-
874 Lincoln Way, (530) 885
-
3701
x
US Bank
-
730 High Street, (530) 889
-
6350
x
Washington Mutual
-
2520 Grass Valley Hi
ghway, (530) 823
-
6157
x
Wells Fargo Bank
-
338 Elm Avenue, (530) 885
-
7502
x
West America Bank
-
424 Grass Valley Highway, (530) 888
-
3747
x
World Savings
-
390 Elm Avenue, (530) 885
-
1936
Failure on the part of the successful bidder to consummate the sale wit
hin the specified time shall result
in the forfeiture of the deposit made and all rights that the purchaser may have had with respect to the
property.
The Treasurer
-
Tax Collector’s office no longer offers a “Public Auction Information
Packet” for a fee.
W
e
are pleased to announce that all of the information formerly available in that format is now available online
at no cost to potential bidders.
Anyone wishing to monitor the tax
-
defaulted land sale process will find all the informa
tion necessary on
our
website.
When a sale is approved by the Board of Supervisors, the list will be available at:
http://www.placer.ca.gov/Tax/LandSale/Properties.aspx
.
Parcel maps and assessment infor
mation can be viewed and downloaded at:
http://www.placer.ca.gov/Assessor/Assessment%20Inquiry.aspx
.
Statewide information on upcoming sales is available at th
e State Controll
er’s website at:
http://www.sco.ca.gov/col/taxinfo/tcs/index.shtml
.
Rogue Tax Sale Investor
-
150
-
Please feel free to contact our office
in any of the following ways: t
elephone: 530
-
889
-
4120 or 4129
, email
at
taxcollector@placer.ca.gov
.
Come to our front desk at 2976 Richardson Drive, 2nd Floor, in Auburn,
California. Send inquiries in the mail to PO Box 7790, Auburn, CA, 95604.
(
3
)
Frequently Asked Questions
http://www.placer.ca.gov/Departments/Tax/LandSale/FAQ.aspx
The following are typical questions and answers and may assist you in understanding our procedures. If
you have additional
questions, please feel free to call our office at (530) 889
-
4120 or (530) 889
-
4129.
What is the date and location of the sale?
Please note that the s
ale location has been changed.
It will
be held in the new CDRA facility at the DeWitt Center, Auburn
.
T
he next tax
-
defaulted land sale will be held on May 23, 2008 in the
Planning Commission Hearing Room
Community Development Resource Center
3091 County Center Drive,
Auburn, CA
.
When and where is the sale advertised?
The sale is advertised in a newspaper p
ublished in the county
seat (Auburn) approximate
ly three weeks before the sale,
as well
as on our website at Land Sale
(
http://www.placer.ca.gov/Home/Tax/LandSale/Properties.aspx
).
How and when do I register for the tax sale?
Registration normally begins at 8:00
a
.
m
. the day of the
sale.
Registration forms are available in advance at the Treasurer
-
Tax Collector’s office in Auburn, or can
be downloaded from our website at Registrat
ion Forms
(
http://www.placer.ca.gov/Departments/Tax/LandSale/~/media/tax/documents/TLS%20Registration%20p
df.ashx
)
. The completed forms (i
n triplicate) will not be accepted until the morning of the sale.
What are the payment req uirements at the sale?
A $500.00 refundable deposit is required when you
register (cash or cashier's check). If a bidder is successful in the purchase of a property,
the $500.00
cash deposit will be applied to the purchase price. Unsuccessful bidders will be refunded their deposit at
the conclusion of the sale. All sales require full payment, which includes the transfer tax and recording
fee. At the tax collector's di
scretion, purchases over $5,000 may be paid for on a credit payment plan, but
they still require ten percent of the bid or $5,000, whichever is greater, deposited at the time of the sale.
The balance is payable in lawful money of the United States or negot
iable paper, as specified by the tax
collector, within a period specified by the tax collector, not to exceed 90 days from the date of the auction,
as a condition precedent to the transfer of title to the purchaser. If the balance due is not paid within th
e
period specified,
the deposit is forfeited
, along with all rights with respect to the property (§
3693.1).
Personal checks will not be accepted.
What is the bidding process?
Public auction. You must be present to bid.
What type of document is issued at
the sale?
Receipt at time of sale.
A tax deed is forwarded to the
successful bidder after payment is made in full.
Are ther e any other expenses in addition to the c ost of the lien?
Normally, recording fees and
transfer tax.
What are the f oreclosure and
eviction processes and will the county handle these processes f or a
fee?
No, the county does not handle the foreclosure or the eviction process. The property is sold "as is"
and buyers assume all ownership responsibilities.
What happens to the propertie
s t hat are not sold at the Tax Land Sale?
The property will be offered
at a subsequent sale if not redeemed sooner.
Do you allow individuals to purchase Tax Li en Certificates?
The county does not currently sell tax
lien certificates.
Do you allow indiv
id uals to purchase property at the Tax
-
Defaulte d Land Sale without attending
the auction via mail, phone or fax? Can I send a representative to the sale to bid for me?
No. The
Rogue Tax Sale Investor
-
151
-
public auction requires your presence, or that of your notarized representative,
to orally bid on the
properties.
What if I have questi ons and cannot find the answers online?
Questions can be directed to our office
in a variety of ways:
x
Telephone:
530
-
889
-
4120 or 4129
x
Email at
tax
collector@placer.ca.gov
x
Come to our front desk at 2976 Richardson Drive, 2nd Floor, in Auburn, California.
x
Send inquiries in the mail to P
.
O
.
Box 7790, Auburn, CA, 95604
.
How may I obtain a copy of the statu
t
es regarding tax sales in your jurisdict
ion?
The California
State statu
t
es are available at your public library or on the Internet at
http://www.leginfo.ca.gov/calaw.html
.
Do liens or encumbrances on a tax
-
defaulte d property transfer to the
new owner after purchase of
the property at a tax sale?
A tax deed to the purchaser conveys title free of most encumbrances existing
before the sale (e.g.
,
Deed of Trust, mechanic
s liens, judgments, as wel
l as all prior delinquent taxes
).
Those encumbran
ces which continue, primarily liens of special assessments and easements, are
described in Section No. 3712 of the Revenue & Taxation Code.
Is there any reason the tax sa le may be postponed?
Yes, the tax
-
defaulted land sale may be
postponed due to public
calamity, illness of staff personnel, inclement weather or other events that may
occur on the date of the sale.
The right of redemption is automatically extended to the close of business
on the last business day prior to the new sale date.
Parcels are so
ld on an “As Is” basis and Placer County assumes no responsibility, implied or otherwise,
that the properties are in compliance with zoning ordinances, conform to building codes and permits or
the situs address. No government entity is liable for damages s
ustained to property purchased at public
auction, including from the time of sale until the recordation of the tax deed to the purchaser.
Rules subject to change between now and commencement of sale.
ROGUE INVESTOR NOTE
: See web page for directions to th
e Tax Collector’s Office and the Board of
Supervisor’s Chambers; and addresses and phone numbers of frequently requested County
Departments.
(4) Historic Land Sale Results
http://www.placer.ca.gov/Departments/Tax/LandSale/HistoricLandSaleResults.aspx
Tax land sale results for sales dating back to 2003.
(5
)
2008 Tax
Land Sale Properties
http://www.placer.ca.gov/Departments/Tax/LandSale/Properties.aspx
Please refresh this screen to ensure you are viewing the latest information.
If you plan to attend the Tax Land Sale, and wish to bid on any of the parcels listed below, please t
ake a
moment to print out the registration form
(
http://www.placer.ca.gov/Departments/Tax/LandSale/~/media/tax/documents/TLS%20Registratio
n%20p
df.ashx
)
. Please bring
three
copies of the completed form with you to the sale. This will speed the
registration process immensely. Thank you!
ROGUE INVESTOR NOTE
: The p
roperty list
for the May 23, 2008 tax land sale (as of April 7, 2008)
is
availa
ble on
the
dat
a CD that accompanies this book (within the file folder “Tax Sale Lists”).
Rogue Tax Sale Investor
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152
-
RIVERSIDE COUNTY, CA
LIFORNIA
http://www.countyofriverside.us
TREASURER
-
TAX COLLECTOR’S OFFI
CE
http://www.treasurer
-
tax.co.riverside.ca.us
Treasurer Paul McDonnell
(1) News and I nformation
http://www.treasurer
-
tax.co.riverside.ca.us/ne
ws.html
Tax Defaulted Auction
:
Although this office does not sell tax liens, we do sell tax defaulted property at
auction. Check out the Tax Sale Information page for more information
(
http://www.treasurer
-
tax.co.riverside.ca.us/tax_sale_information.html
).
We will be posting additional
information on the sale and properties being offered as it becomes available.
Special assessments for hazardous weed abatement:
http://www.treasurer
-
tax.co.riverside.ca.us/weedabate.html
(2) Upcoming Tax Sales and Informat ion
http://www.treasurer
-
tax.co.riverside.ca.us/tax_sale_information.html
Live Auction
(Must be present to bid)
March 17, 2008
, 9:00 a.m.
Riverside Convention Center
3443 Orange Street, Riverside, CA
Bidder Registration by mail until
March 3, 2008
Bidder
Registration in person until
March 11, 2008
Note: We will not be registering bidders at the sale.
Note: The Treasurer
-
Tax Collector will be accepting credit bids at the March 17, 2008 tax sale. The
purchase price of each parcel of each transaction must
be $50,000.00 or higher, whether it is single
parcel or a group bid. The deposit amount for each parcel must be 10 percent of the amount of the bid.
The deposit must be in cash or cashier’s checks.
(2a) Bidder Instru
ctions
http://www.treasurer
-
tax.co.riverside.ca.us/tsinfo
-
179.pdf
Excerpts from web page
:
2007
-
2008
Procedural Changes on Bidder Information
Anyone who wishes to bid on property offered for sale
must first be regist
ered and assigned a bid card.
You may register and receive your bid card at the office of the Treasur
er
-
Tax Collector, 4080 Lemon
Street
, 4th Floor, Riverside
,CA
92501. We will be registering bidders in our office through 4:00 p.m.
March 11, 2008. Should
you
elect to register through the mail, your registration must be postmarked no
later than March 3, 2008.
You may not register at the sale.
We will require valid picture identification at
the time of registration and at the tax sale
when paying for propert
y purchased (example: Valid Driver
License, Valid Military ID card, Valid California ID card).
We no longer have escrow accounts. You must
pay for your purchase or credit bid immediately upon being awarded the successful bid.
You must vest the way you reg
ister. Once registered, we will not accept any changes to vesting.
If you
wish to register/vest for someone not present at the tax sale, at the time of registering you must
show power of attorney for each person you are representing. If you wish to registe
r/vest as a public
agency, a
company, a corporation or a partnership, you will need to provide
notarized copies
of the
document that gives
you the authority to register/vest on their behalf. This documentation might be in the
Rogue Tax Sale Investor
-
153
-
form of a minute order of the
board, a board resolution, and registration of a partnership or articles of
incorporation.
We will not accept changes in vesting.
Payment in full
of the amount bid, plus documentary stamp tax prescribed by County Ordinance #516 or
payment
of the credit
bid deposit, is required to be paid at the time of the sale. All sales will be for cash in
lawful money of the
United States, certified or cashier's checks made payable to Riverside County
Treasurer
-
Tax Collector in increments of
no less than $100.00 each.
No traveler’s checks or money
orders will be accepted. No cash refunds will be made at
the time of sale. All refunds for payments made
will be issued by county warrant within sixty (60) days following the
date of sale.
If you have a credit
balance on your
receipt that you intend to use on a later purchase, you must go back to the specific
cashier who issued that receipt.
All sales are final.
Even if the successful bidder makes a mistake and bids on the wrong property, the sale
will
remain final. All sal
es of property must be paid for immediately. If the property is not paid for
immediately the sale of
that parcel will be declared null and void and the property will be re
-
offered
immediately prior to the continuance of the
sale on other parcels. No opport
unity will be given for any
successful bidder to go to the bank prior to completing
payment of the sales price. All bidders interested
in a particular parcel or parcels are encouraged to stay until they are
certain that the property has been
paid for in fu
ll and will not be re
-
offered. Should a successful bidder refuse to pay
for the property they
have bid on, their bid card will be voided and they will forfeit their right to further participate in the
sale.
Please see the attached guidelines governing the
sale.
Any additional information which may be needed concerning this sale can be obtained by telephoning the
Tax
Collector's office at (951) 955
-
3948 or by e
-
mail at
taxsale@co.riverside.ca.us
.
Please
do not telephone the Riverside Convention Center for information regarding the tax sale. Their
building
is only a location we are renting in order to conduct the sale. They have no specific information
regarding the
sale.
If you need further assistance co
ntact the Tax Collector’s office at (951) 955
-
3948.
ROGUE INVESTOR NOTE
: See web page for additional information, including
examples of vesting on
registration card, caution
investigate before you bid, bidding procedure,
frequently asked questions,
tax
rate area numbers and locations for Riverside County, parcel
numbering system explanation, assessment
number explanation,
definitions related to list of properties to be sold, contact information, contiguous
parcels offered as group bids, and credit bid in
formation
(2b) Bidder Registration Form
http://www.treasurer
-
tax.co.riverside.ca.us/BIDDER%20REGISTRATION%20FORM%20tc179.pdf
(2c) List of Pr operties to
be Offered For Sale
http://www.treasurer
-
tax.co.riverside.ca.us/tsl179_int.pdf
(pdf format)
http://www.treasu
rer
-
tax.co.riverside.ca.us/tsl179.xls
(Excel format)
ROGUE INVESTOR NOTE
:
The property list
is available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
(2d)
Properti es No Longer On Sale
http://www.treasurer
-
tax.co.riverside.ca.us/179Parcels.htm
(2e)
Properti es Offered in a Group Bid
http://www.treasurer
-
tax.co.rivers
ide.ca.us/groups179.html
ROGUE INVESTOR NOTE
:
The property list
is available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
Rogue Tax Sale Investor
-
154
-
(2f) Parcel Maps for Properties to be Offered
http://pic.asrclkrec.com/Default.aspx
Please note that the maps are also available for purc
hase in our office for $26.50.
Please contact our
office for additional information
(3) Results from Previous Tax Sales
http://www.treasurer
-
tax.co.riverside.ca.us/tax_sale_results.html
ROGUE INVESTOR NOTE
: See web page for tax sale results covering the period of January 2000
through March 200
7
.
(4)
Inventor y of All
Tax Defaulted Property
http://www.treasurer
-
tax.co.riverside.ca.us/Tax_Sale_Inventory.html
This is the entire inventory of parcels subject to the Tax Collectors Power o
f Sale as of July 1, 2
007
.
Inventory of Parcels Subject to the Power of Sale
(pdf)
:
http://www.treasurer
-
tax.co.riverside.ca.us/PTSINT07.pdf
(file updated
October 19, 2007
)
Inve
ntory of Parcels Subject to the Power of Sale
(Excel)
:
http://www.treasurer
-
tax.co.riverside.ca.us/allpts_excel_07.xls
(file updated
October 19, 2007
)
Please note:
We will no
t be taking requests to add properties for the March 2007 auction.
The annual mailing list will notify you of future tax sales and includes the tax sale book for our live auction
in March. If you wish to be added to the annual mailing list
,
send a check o
r money order in the amount of
$35.00 after July 1, 2007 to:
Paul McDonnell, Treasurer
-
Tax Collector
P.O. Box 12005
Riverside, CA 92502
-
2205
Attn: Tax Enforcement Division
(5) Contact
http://www.treasurer
-
tax.co.riverside.ca.us/contact_us.html
Mailing address: P.O. Box 12005,
Riverside, CA
92502
-
2205
Phone: (951) 955
-
3900
Fax: (951) 955
-
3906
Email:
ttc@co.riverside.ca.us
SACRAM
ENTO COUNTY
, CALIFORNIA
http://www.saccounty.net/index.htm
TAX COLLECTION & BUSINESS LICENSING DIVISION
http://www.finance.saccounty.net/T
ax/Default.asp
(1) Tax Sale Informat ion
http://www.finance.saccounty.net/Tax/TaxSale.asp
Auction list =
http://w
ww.finance.saccounty.net/Tax/PDF/AuctionList.pdf
Lots =
http://www.finance.saccounty.net/Tax/PDF/Lots.pdf
Removed items =
http://www.finance.saccounty.net/Tax/PDF/REMOVEDList.pdf
Postponed items =
http://www.finance.saccounty.net/Tax/PDF/POSTPONED.pdf
Public auction information =
http://www.finance.saccounty.net/Tax/PDF/AuctionInformation.pdf
Registration form =
http://www.finance.saccounty.n
et/Tax/PDF/RegistrationForm.pdf
Offered list =
http://www.finance.saccounty.net/Tax/PDF/OfferedList.pdf
Rogue Tax Sale Investor
-
155
-
ROGUE INVESTOR
: See web page for tax sale frequently asked questions. No prop
erties were offered
at the February 25, 2008 public auction. The next public auction will be April 28, 2008 at 9:30 a.m., at the
Scottish Rite Masonic Center, 6151 H Street, Sacramento, CA 95819.
(2) Contact Information
http://www.finance.saccounty.net/Tax/Contacts.asp
700 H Street, Room 1710 (First Floor)
Sacramento, CA 95814
Mailing address:
P.O. Box 508
,
Sacramento, CA 95812
-
0508
Tax defaulted land
Phone:
(916) 874
-
6621
Email:
http://www.finance.saccounty.net/Tax/SendEmail.asp
E
-
subscribe for property tax sale notifications:
http://
service.govdelivery.com/service/subscribe.html?code=CASACRAM_53
SAN BERNARDINO COUNT
Y, C ALIFORNIA
http://www.co.san
-
bernardino.ca.us
TAX COLLECTOR
http://www.mytaxcollector.com/trDefault.aspx
Tax
-
defaulted properties may be purchased semi
-
annually through our office via an Online Auction. The
next sale is scheduled for May 19
-
23, 2008.
Tax Sales
(
1
)
Terms and Conditions
http://www.mytaxcollector.com/trTaxSale_TC.aspx
The next tax sale is scheduled for May 19th
-
23rd, 2008.
Bids will be accepted beginning May 17th, 2008. Closing times will vary on each parcel between
the 19th
and 23rd of May, 2008.
This tax sale will be held online at
http://www.bid4assets.com
.
Notice to Parties Concerning Redemption
-
The right of redemption shall terminate at 5:00 p.m. May 16th,
2008, the
last business day prior to the sale. Any remittance sent by mail for redemption of tax
-
defaulted
property must be received in the Tax Collector's office by 5:00 p.m.
May 16
th
,
2008, in the form of cash,
cashier
s check or bank money order.
Prospective Bi
dders
-
A deposit is required prior to bidding on any auction. The deposit must be made a
minimum of 3 business days before any bids may be placed. The deposit will be accepted by Bid4assets
starting April 21, 2008. Bid4assets must receive all deposits no
later than May 13, 2008 in order to
participate in this sale. Please plan ahead and allow enough time to make your deposit. The required
deposit is $5,000. A $15 fee is charged per deposit. The deposit will be accepted via wire transfer or by
mailing a cer
tified check or money order to Bid4assets only. All unsuccessful bidders will receive a refund
of their deposit plus fee within
7 to 10
business days after the close of all auctions. The deposit for
successful bidders will be transferred to the County and
credited towards their purchase(s).
Winning bidders who do not perform on all auctions won will forfeit their deposit to the County.
Properties that are subject to sale at public auction for non
-
payment of property taxes must be offered for
sale within f
our years of the time the property becomes subject to the Tax Collector’s power to sell. The
Tax Collector is responsible for the administration of these sales.
Rogue Tax Sale Investor
-
156
-
The purpose of the tax sale is to collect the unpaid taxes and to convey the tax
-
defaulted pro
perty to a
responsible owner. These properties are subject to the Tax Collector’s power to sell because of defaulted
taxes.
The sale of these properties should not, in any way, be equated to real estate sales by licensed
salesmen, brokers or realtors. The
County Tax Collector cannot guarantee the condition of the property
nor assume any responsibility for conformance to codes, permits or zoning ordinances. You should
inspect the property before investing. The burden is on the purchaser to thoroughly resear
ch, before the
tax sale, any matters relevant to his or her decision to purchase, rather than on the county, whose sole
interest is the recovery of back taxes. It is recommended that bidders consult with the Zoning Department
of any city within which a par
ticular parcel lies, or the Zoning Section of the County Planning Department
for an unincorporated area parcel. Tax defaulted property will be sold on an
as is
basis.
Should the successful purchaser desire a survey of the property, this must be done at
the purchaser’s
expense. No warranty is made by the county, either expressed or implied, relative to usability, the ground
location, or property lines of the properties. The prospective purchaser must determine the exact location,
desirability, and usefuln
ess of the properties. Refund of any purchase or any payment on a purchase
agreement will not be made.
The county assumes no liability for any other possible liens, encumbrances or easements, recorded or
not recorded.
The minimum price at which property
may be offered for sale shall be an amount not less than the total
amount necessary to redeem and the costs of the sale.
The parcels will be sold to the highest bidder.
Settlement Requirements:
High Bidder must pay in full within five (5) busine
ss day
s from each auction
close.
Acceptable forms of payment will be:
x
Certified/Cashier's Check
/B
ank Money Orders (made payable to Count
y of San Bernardino
Treasurer
-
Tax Collector)
x
Cash (paid at the San Bernardino County Tax Collector's office)
x
Wire Transfer.
Please Note: A documentary transfer tax of $0.55 will be added for each $500, or fraction thereof, of the
final sales price.
Personal checks, traveler's c
hecks and credit cards will not be accepted.
Title Convey ed
:
The Tax Deed conveys title to the
purchaser free of encumbrances of any kind existing
before the sale, except:
(a) Any lien for installments of taxes and special assessments
(such as Weed, Water Stand
-
By,
Demolition and Bond),
which installments will become payable upon the secured roll
after the time of
the sale.
(b) The lien for taxes or assessments or other rights of any taxing agency which does not consent to
the sale of the property.
(c) Liens for special assessments levied upon the property conveyed which were, at the time of the
sale, not included in the amount necessary to redeem the tax
-
defaulted property, and, where a taxing
agency which collects its own taxes has consented to the sale, not included in the amount required to
redeem from sale to the taxing agency.
(d) Easement
s constituting servitudes upon or burdens to the property; water rights, the record title to
which is held separately from the title to the property; and restrictions of record.
Rogue Tax Sale Investor
-
157
-
(e) Unaccepted, recorded, irrevocable offers of dedication of the property to
the public or a public
entity for a public purpose, and recorded options of any taxing agency to purchase the property or
any interest therein for a public purpose.
(f) Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 [commencing wi
th
Section 8500] of the Streets and Highways Code) which are not satisfied as a result of the sale
proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671) of part 8.
(g) Any Federal Internal Revenue Service liens which, pursuant to p
rovisions of federal law, are not
discharged by the sale, even though the tax collector has provided proper notice to the Internal
Revenue Service before that date.
(h) Unpaid special taxes under the Mello
-
Roos Community Facil
ities Act of 1982 (Chapter 2.
5
[commencing with Section 53311[
of Part 1 of Division 2 of Title 5 of the Government Code) that are
not satisfied as a result of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with
Section 4671) of Part 8.
If the property is sold a
t auction after redemption has been made, or sold in error, a refund of only the
purchase price and documentary tax will be made and with the full understanding and agreement of the
purchaser that the Tax Collector has no further liability in the matter.
T
he following information is furnished to the prospective bidder
without warranty
and is for the
convenience and guidance in locating all parcels. All items and descriptions listed are believed to be
correct. However, the Tax Collector shall not be held res
ponsible for typographical errors.
As the State law does not provide the Treasurer
-
Tax Collector with means of refund in the case of such
sale at public auction,
use caution and investigate before you bid
.
Do not
attempt to purchase property at
the auctio
n unless an investigation has been made as to the exact location, desirability and usefulness of
the property. Parcels are sold on an "as is" basis and the County in no way assumes any responsibility
,
implied or otherwise, that the properties are in compli
ance with zoning ordinances and conformance to
building codes and permits. An investigation may reveal that the property is in a street or alley, in a flood
control channel or landlocked, and that improvements that may be shown on the tax sale list no long
er
exist at the time of auction and a lien may have been or will be placed on the property for their removal.
It is the purchaser's responsibility to determine if there are any liens or special assessments. It is
suggested the Current Tax Roll, County Tr
easurer, Cities, Land Use Services and Special Districts be
researched before time to purchase. Contact city or county Planning Department for zoning and building
restrictions.
The Tax Collector shall resolve any dispute arising on any aspect or transacti
on of the sale, and his
decision shall be final.
Contact
information for other c
ounty
o
ffices:
Assessor
172 West Third Street
San Bernardino, CA 92415
-
0310
phone:
(909) 387
-
8307
County Clerk and Recorder
222 West Hospitality Lane
San Bernardino, CA 9
2415
-
0018
phone:
(909) 387
-
8306
Land Use Services
385 North Arrowhead Avenue
San Bernardino, CA 92415
-
0182
phone:
(909) 387
-
4044
Rogue Tax Sale Investor
-
158
-
Transportation/Flood Control
825 East Third Street
San Bernardino, CA 92415
-
0835
phone:
(909) 387
-
8104
Special Districts
157 West 5th Street
San Bernardino, CA 92415
-
0450
phone: (909) 387
-
5940
(2
) Current Sale Items
http://www.mytaxcollector.com/trTaxSale_CSI.aspx
Click on the links
provided
to view parce
ls in the denoted range.
Click here for a list of parcels no longer eligible for tax sale:
http://www.mytaxcollector.com/_content/TR/TaxSale/
CurrentSale/StaticContent/droppedParcelList.htm
.
(3)
Previous Sales Results
http://www.mytaxcollector.com/trTaxSale_Results.aspx
Tax sale results for sales dating back to October 2
001
.
(4
)
Brochure/Map Order Information
http://www.mytaxcollector.com/trTaxSale_Brochure.aspx
Brochures for the auction will be available through the Tax Collector's office beginnin
g February 27, 2008
at a cost of $35.00 each. A set of maps for all parcels in the brochure is available for $75.00. A CD
containing both brochure and maps will also be available at a cost of $110.00. To purchase by mail
please send the order form with you
r check, name and address to the Tax Collector's office and the
brochure/maps/CD will be mailed. Because brochures/maps/CDs are mailed UPS, post office boxes are
unacceptable addresses.
The property descriptions appearing in the brochure are the County As
sessor's brief legal descriptions. In
some cases, they have been further abbreviated due to space requirements.
Brochure i
ncludes:
x
Item Number
x
Tax Rate Area
x
Parcel Number
x
Situs Address (if available)
x
Legal Description
x
Minimum Bid
x
Current Assessee a
nd Mailing Address
x
Redemption Amounts
x
Assessed Values and Tax Amounts.
Please include the order form with your payment. The brochure/maps/CD will be mailed upon receipt of
your payment.
Once payment has been received no refund will be given.
Click he
re for the order form:
http://www.mytaxcollector.com/_content/TR/TaxSale/CurrentSale/orderForm.pdf
Rogue Tax Sale Investor
-
159
-
(5
)
Contact Information
http://www.mytaxcollector.com/cuContactUs.aspx
172 West Third Street, First Floor
San Bernardino, CA 92415
-
0360
Phone, Tax Collection: (909) 387
-
8308
Online contact:
http://www.mytaxcollector.com/trFeedback.aspx
S AN DIEGO COUNTY, CA
LIFORNIA
http://www.sdcounty.ca.gov
TREASURER
-
TAX COLLECTOR DEPART
MENT
http://www.sdtreastax.com
Dan McAllister, Treasurer
-
Tax Collector
(1) Contact Information
http://www.sdtreastax.com/au_contactus.html
Main Office,
County Administration Center
1600 Pacific Highway, Room 162
San Die
go, CA 92101
Phone: (619) 236
-
2424
Fax: (619) 531
-
6056
Email:
taxmantr@co.san
-
diego.ca.us
Feedback form:
http://www.sdtreastax.com/au_feedback.ht
ml
(2) Frequently Asked Questions
http://www.sdtreastax.com/ni_faqs.html
Frequently asked questions related to p
roperty tax sales (
http:/
/www.sdtreastax.com/ni_faqs.html#7
):
Where and when will the next
public auction tax s
ale for San Diego Co unty be held?
At a location
and tentative date and time indicated in our next Public Auction Tax Sale Brochure, this website, and
Information line
at
(619) 531
-
4862. Typically our sales are held at the end of February at a downtown
location.
How can I obtain a list of proper
ties to be offered at the next tax s
ale?
By completing a Tax Sale
Mailing List card available through this office for our Publ
ic Auction Tax Sale brochure, which is published
approximately six to eight weeks prior to a tentative sale date. The cost for the 2005 brochure and
diskettes has not yet been established. Brochures will be available for purchase at one of our office
locat
ions, or by mail. Also, the informati
on will be available at our web
site address, which is
http://www.sdtreastax.com
. Copies of the County Assessor’s plat maps of the tax sale properties are
available for perusal
in the Assessor’s office, Room 103, approximately six to eight weeks prior to the
tentative tax sale date. Individual maps are also available on a self
-
serve basis.
Can I mail in, or submit, a sealed bid f or a property in the public auction tax sale?
No.
The public
auction requires your presence, or that of your representative, to verbally bid upon the properties.
Can I obtain a property available at the public auction tax sale by paying the delinquent taxes
thereon prior to the tax sale date?
No. Legal t
itle to a tax
-
defaulted property subject to the Treasurer
-
Tax Collector’s power to sell can be obtained through the Treasurer
-
Tax Collector only by being the
successful bidder at the tax sale.
How do I find or “see” a property I’d like to bid upon at the
tax sale?
Vacant (unimproved) land
(which accounts for most property offered at our tax sales) has no address and therefore its approximate
geographic location can only be determined through the use of County Assessor plat maps and perhaps
Rogue Tax Sale Investor
-
160
-
a map book. Exac
t boundary lines of a property can be determined only by a survey of the property
initiated at the purchaser’s expense. “Improved” properties frequently (but not always) will bear a street
address, making it easier to locate the property.
ROGUE INVESTOR
NOTE
: See web page for additional frequently asked questions related to tax sales.
(3) Legal Advertisements
http://www.sdtreastax.com/pts_legal.html
Public notices related to the sale of tax def
aulted properties.
(4) Tax Sale Forms
http://sdtreastax.com/pts_forms.html
Form Fill
-
in Feature. These forms can be filled in on
-
line and printed out for mailing to the Treasurer
-
Tax
Collector. Click
here for instructions on how to complete fill
-
in forms
:
http://www.sdtreastax.com/pts_fillins2.html
Deed Information
:
http:/
/www.sdtreastax.com/docs/pts_deedinfo_7022.pdf
Tax Sale Mailing List Card
:
http://www.sdtreastax.com/docs/mailinglistcard.pdf
(5
) Tax Sale Gener al Information
http://www.sdtreastax.com/pts_info.html
(
5a
) Right of Redemption
http://sdtreastax.com/pts_info_ror.html
The right of redemption on a parcel ceases at 5:00 p.m.
the last business day prior to the sale.
If there is an item number not offered, it means that the item has been redeemed or withdrawn prior to the
sale. The term
“Redeemed”
indicates that all defaulted taxes, penalties, fee(s), and/or costs have been
p
aid in full. The term
“Withdrawn”
indicates that the parcel will not be offered at sale. Reasons for
withdrawing a parcel from sale can include, but are not limited to, an assessee who is the debtor in
bankruptcy, unprobated estate, the Treasurer
-
Tax Colle
ctor's determination to sell at another sale, and/or
an error in advertising
or
noticing.
(5b
) Terms and Conditions
http://sdtreastax.com/pts_info_tac.html
Properties in San Diego County that are
subject to sale at public auction for non payment of property
taxes must be offered for sale within four years of the time the property becomes subject to the Treasurer
-
Tax Collector's power to sell (Revenue and Taxation Code Section 3692). The Treasurer
-
T
ax Collector is
responsible for the administration of these sales.
The purpose of the tax sale is to collect the unpaid taxes and to convey the tax
-
defaulted property to a
responsible owner. These properties are subject to the Treasurer
-
Tax Collector's p
ower to sell because of
liens for defaulted taxes. Tax
-
defaulted properties subject to the Tax collector's power to sell may be
purchased from the San Diego County Treasurer
-
Tax Collector at Public Auction. The San Diego County
Treasurer
-
Tax Collector does
not offer tax lien certificates or make over the counter sales.
The minimum price at which property may first be offered for sale per Section 3698.5 of the California
Revenue and Taxation Code shall be an amount not less than the total amount necessary to
redeem, and
the costs of sale.
Where property has been offered for sale at least once and no acceptable bids have been received, the
Treasurer
-
Tax Collector may re
-
offer that property within 90 days, or at the next scheduled sale at a
minimum price that
he deems appropriate.
Rogue Tax Sale Investor
-
161
-
The Tax Deed to Purchaser conveys title free of all encumbrances of any kind existing before the sale
with the following exceptions as stated in Section 3712 of the Revenue and Taxation Code:
(a) Any lien for installments of taxe
s and special assessments, which installments will become
payable upon the secured roll after the time of the sale.
(b) The lien for taxes or assessments or other rights of any taxing agency which does not consent to
the sale under this chapter.
(c) Li
ens for special assessments levied upon the property conveyed which were, at the time of the
sale under this chapter, not included in the amount necessary to redeem the tax
-
defaulted property,
and, where a taxing agency which collects its own taxes has con
sented to the sale under this chapter,
not included in the amount required to redeem from sale to the taxing agency.
(d) Easements constituting servitude upon or burdens to the property; water rights, the record title to
which is held separately from the
title to the property; and restrictions of record.
(e) Unaccepted, recorded, irrevocable offers of dedication of the property to the public or a public
entity for a public purpose, and recorded options of any taxing agency to purchase the property or
any
interest therein for a public purpose.
(f) Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code) which are not satisfied as a result of the sale
proceeds being applied pur
suant to Chapter 1.3 (commencing with Section 4671) of Part 8.
(g) Any federal Internal Revenue Service liens which, pursuant to provisions of federal law, are not
discharged by the sale, even though the Tax Collector has provided proper notice to the In
ternal
Revenue Service before that date.
(h) Unpaid special taxes under Mello
-
Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) that are
not satisfied as a result
of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with
Section 4671) of Part 8.
Any such encumbrances have not been researched, nor are they included in the sale notice of this
brochure.
Each parcel, or group of parcels, has an it
em
number. Non
-
timeshare parcels
will be sold in item number
order. If there is an item number not listed on the Current Year Parcel List, that means that the item has
been redeemed or withdrawn prior to the sale. If there is a numerical gap between item n
umbers, the
same holds true. If an item is not sold at the initial time offered, it will be offered again after all of the non
-
timeshare items have been offered once.
Timeshares are listed separately beginning with Item #2000. They will be offered in item
number order
after all non
-
timeshare properties have been offered and re
-
offered. If a timeshare item is not sold at the
initial time offered, it will be offered again after all of the timeshare items have been offered once.
Whatever right, title and/or
interest the last assessee holds, as described in the legal description, is the
same and only right, title and/or interest that is conveyed at the time the Tax Deed is recorded.
Some properties being offered at this sale are a divided or undivided fract
ional interest in the property; for
example, condominiums. The legal description should be reviewed to determine the property and interest
that is to be conveyed by the Tax Deed.
Timeshare Tax Sale Items being offered at public auction tax sale by
the Sa
n Diego County Treasurer
Tax Collector are a deeded interest or
right to use
a particular unit or unit type within the timeshare
association for a specified interval of time on an annual, bi
-
annual or seasonal basis, as described in the
legal description
of the timeshare interval. It is the tax
-
defaulted timeshare interval that is being offered for
sale at public auction, not the entire building or Timeshare Association.
Rogue Tax Sale Investor
-
162
-
The property descriptions are the County Assessor's brief legal descriptions. In so
me cases, they have
been further abbreviated due to space requirements.
Full and/or complete legal descriptions are available
only
by researching recorded deeds, and other documents, affecting the property.
A list of properties redeemed or withdrawn prior
to the sale will be maintained in room 162, County
Administration Center, 1600 Pacific Highway, San Diego, CA 92101. You may also call (619) 531
-
4862
for sale status updates or
visit
our "Current Year Parcel List"
link at this site:
http://www.sdtreastax.com/pts_currentyear.html
.
(5c
) Bidder Registrati on
http://sdtreastax.com/docs/pts_bid_reg.pdf
Registration, Public Auction, Tax S
ale No. 7022
(Please Read Carefully)
Anyone wishing to bid on Tax Sale Items being offered on the day of the sale must be registered prior to
being allowed to bid. Participants who have pre
-
registered will be allowed first entry and choice of seating
on
the day of the sale on a first
-
come, first
-
serve basis. Same day registrants must pay a non
-
refundable
registration fee of $60.00 to register, complete the same requirements as pre
-
registrants and should
arrive early to allow adequate time to register befo
re the sale begins. Same day registrants will not be
admitted or seated until after 8:30 a.m., after the pre
-
registered bidders have had an opportunity to be
seated.
Seating is limited. If the number of registrants exceeds room capacity, entry into the sa
le may be delayed
until there is vacant seating available. All seating is on a first
-
come, first
-
serve basis based on availability
of seating. Entry to the sale will be granted to those with Bidder ID badges, on a priority basis.
How to Pre
-
Register
1. C
omplete and have all parties taking title sign the Deed Information Sheet
The Deed Information Sheet is necessary for the completion of a Tax Deed to Purchaser
-
at
-
Sale.
Additional documentation may be required to show that the party/parties bidding at the
sale have the
authority to purchase on behalf of the entity to be vested on title to property purchased at the sale.
2. Pay a non
-
refundable $30.00 fee for the Bidder Registration Packet
The Bidder Registration Packet includes:
x
One
Tax Sale Brochure fo
r Public Auction Tax Sale No. 7022
x
One
Bid Card
x
Two
Bidder ID Badges
x
Frequently Asked Questions Tax Sales Pamphlet
.
3. Pay a refundable deposit of $100.00.
The deposit will be applied to the Bidder’s first purchase of Tax Sale Item at the sale. If bidder
does not
purchase any property at the sale, the unused deposit will be returned within
10
business days after the
day of sale.
Only t
he following forms of payment will be accepted:
x
Cash
x
Money Order
x
Traveler’s Check
x
Cashier’s/Certified Check
.
Rogue Tax Sale Investor
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163
-
Money Ord
er, Traveler’s Check, and/or Cashier’s/Certified Check(s) should be made payable to:
San
Diego County Treasurer
-
Tax Collector.
Where to Pre
-
Register
You can pre
-
register up to 5:00 PM, Friday, February 15, 2008, at any one of our office locations. Pre
-
r
egistration after February 15, 2008 will only be accepted at our main office located at the County
Administration Center, located in Downtown San Diego at 1600 Pacific Highway, Room 162, San Diego,
California 92101.
(5d
)BidCards
http://sdtreastax.com/pts_info_bc.html
An official numbered Bid Card is required to participate in the public auction tax sale. Bidders will
only
be
identified, during the sale, by the number on their Bid Card. Bid Cards ar
e only av
ailable with the
purchase of a r
egistration packet. Each
r
egistration packet contains one Bid Card, two Bidder ID Badges,
and one Brochure. Anyone wishing to bid on Tax Sale Items being offered at sale must be registered to
bid. Click here for B
id
der Registration instruction:
http://www.sdtreastax.com/docs/pts_bid_reg.pdf
.
(5e) Title Vesting Schedule
http://www.sdtreasta
x.com/docs/titlevesting.pdf
(5f
) Payment Information
http://sdtreastax.com/pts_info_pi.html
Do not
bid on an item if you do not have cash, or one of the acceptable negotiable forms of payment
list
ed below, with you at the time of bidding. You will not be allowed additional time to obtain funds.
Successful bidders will be immediately escorted to the cashier's table to complete the sale.
Acceptable forms of payment: cash, money order, traveler’s che
ck, cashier’s/certified check.
Unacceptable forms of payment: personal checks, business checks, credit cards.
Mailed or sealed bids cannot be accepted for our public auction sale. You or your agent must be present
at the auction to bid on the properties.
The right of redemption on a parcel ceases at 5:00
p.m.
of the last
business day prior to the sale. After each parcel is offered, the successful bidder must pay the full
purchase price to the Treasurer
-
Tax Collector on any high bid
item of $5,000.00 or les
s. (F
or high bid
items over $5,000.00, see "
Credit Sales
"
i
nformation below
.)
The Documentary Stamp Act requires the payment of a "Transfer Tax" at the rate of 55 cents for each
$500.00 of value or fractional part thereof when the bid exceeds $100.00. Th
e transfer tax will be
collected at the time the purchase price is paid in full.
(5
g
) Credit Sales
http://sdtreastax.com/pts_info_cs.html
If the high bid on an item is more than $5,000.00, the succ
essful bidder has the option to pay for the
property as follows:
A deposit of
10%
of the purchase price or $5,000.00, whichever is greater, must be made at the time of
the sale.
For sales between $5,000.00 and $50,000.00, a minimum of $5,000.00 must be
deposited.
For sales over $50,000.00 a minimum of ten percent (10%) of the sale price must be deposited.
The remaining balance of the purchase price is due within
30
days of the auction date, Monday, March
24, 2008. Payment must be in one of the accep
table forms and be received in our office prior to the
deadline. A
cceptable forms of payment are cash (or wire), money order, traveler's check, or
cashier's/certified c
heck. Title to the property will not be transferred until the total bid price plus the
Rogue Tax Sale Investor
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164
-
D
ocumentary Transfer Tax is received. All purchases must be paid in full on, or before
,
Monday, March
24, 2008. If the buyer fails to pay the full amount by 5:00 p.m. on Monday, March 24, 2008, the deposit
and all rights to the property are forfeited (Reven
ue and Taxation Code Section 3693.1).
(5h
) Warning
Research Before You Invest
http://sdtreastax.com/pts_info_wrbyi.html
(5i
) Deed Information
http://sdtreastax.com/pts_info_di.html
A "Deed Information Sheet"
(
http://www.sdtreastax.com/docs/pts_deedinfo_7022.pdf
)
must be completed
prior to the purchase of property at the
auction. Extra forms will be available at our information table at the
tax sale. The information required is necessary for the proper completion of a Tax Deed to Purchaser.
Completion of forms beforehand will help speed up the sale.
The San Diego County
Treasurer
-
Tax Collector is encouraging bidders to pre
-
register for the Public
Auction Tax Sale No. 7022 to be held Friday, February 22, 2008 at 9:00 a.m. Bidders wishing to p
re
-
register should have their “
Deed Information
Sheet”
filed in our office no late
r than 5:00 p.m., Thursday,
February 21, 2008.
The successful bidder may take possession of a property after the Tax Deed to Purchaser has been
recorded. However, most title companies will not insure the title until one year after the tax sale deed is
re
corded. Legal action to challenge a tax sale must be brought within one year of the tax sale deed
recording date. Therefore, it is not advisable to make any improvements to the property during the first
year of ownership.
Note
: In the event that a sale i
s canceled, all payments made will be returned without interest. Any costs
incurred by the purchaser during the process will be borne by the purchaser.
(
5j
)
Property Maps
http://sdtreastax.com/pts_inf
o_pm.html
Plat maps on the properties are available in the Assessor's
O
ffice, room 103. The maps show the
approximate dimensions and general geographical location of the properties. Copies of maps are also
offered for sale by the Assessor in Room 103 and
on this website by selecting "detail map" for desired
parcel(s) and clicking "show Detail Map
."
A representative from the Assessor's Office will be available at the Tax Sale to answer questions
pertaining to assessment and ownership. Thank you for your i
nterest in participating in the San Diego
County's Public Auction Tax Sale.
(5k
) Zoning Links
Local Planning and Building Departments
http://sdtreastax.com/pts_info_zl.html
Links to
city and coun
ty zoning and land use departments.
(5l
) Timeshare Associations
http://sdtreastax.com/pts_timeshare.html
Timeshare Tax Sale Items being offered at public auction tax sale by the San Diego County T
reasurer
-
Tax Collector are a deeded interest
or “right to use”
a particular unit or unit type within the timeshare
association for a specified interval of time on an annual, bi
-
annual or seasonal basis, as described in the
legal description of the timeshar
e interval.
It is the tax
-
defaulted timeshare interval that is being offered for sale at public auction; not the entire
building nor Timeshare Association.
Only those Timeshare Associations located within the county of San Diego with ownership intervals
that
have been tax
-
defaulted for five or more years are listed. There are timeshare intervals subject to the
Ta
x
Rogue Tax Sale Investor
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165
-
C
ollector’s power to sell in the communities of Carlsbad, Coronado, Del Mar, Escondido, Oceanside,
Pacific Beach, Ramona, San Diego and Solana
Beach.
ROGUE INVESTOR NOTE
: See web page for property listing.
(
6
) Current Year Parcel List
http://sdtreastax.com/pts_currentyear.html
Public Auction Tax Sale
No. 7022
Tax
-
Defaulted Properties
Within San Diego County, State of California
Held on Friday, February 22, 2008
at 9:00 a
.
m
.
at the San Diego
Convention Center
located at
111 W.
Harbor Drive, Room 20A, San Diego, CA 92101.
Public Auction Tax Sale 7022
List of parcels scheduled for sa
le:
http://www2.sdcounty.ca.gov/treastax/taxsale/taxsale.asp
(7
) Prior Year Tax Sale Results
http://www.sdtreastax.com/
pts_prioryear.html
Prior year sales results, dating fro
m February 1999 to February 2006
.
SAN FRANCISCO COUNTY
, CALIFORNIA
http://www.sfgov.org
OFFICE OF THE TREASU
RER
-
TAX COLLECTOR
http://www.sfgov.org/site/treasurer_index.asp
Jose Cisneros, Treasurer
(1) Public Auction of Tax Defaulted Properties
http://www.sfgov.org/site/treasu
rer_index.asp?id=16318
General Tax Sale Information
The public auction sale of tax
-
defaulted properties in San Francisco will be conducted at
www.Bid4Assets.com
on Saturday, April 26, 2008 at 8:00 a.m. (PT) unt
il Tuesday, April 29, 2008 at 12:00
p.m. (PT) as a public auction to the highest bidder for cash in lawful money of the United States or
negotiable paper, for not less than the minimu
m bid as shown on this notice.
Parcels receiving no bids, at
the tax coll
ector’s discretion, will be re
-
offered at
www.Bid4Assets.com
at a minimum price appropriate to
stimulate competitive bidding.
(List of Tax Sale Parcels:
http://www.sfgov.org/site/uploadedfiles/tax/property_zone/AuctionList.pdf
)
Notice to Parties of Interest Concerning Redemption
The right of redemption shall terminate at 5:00
p.m. (PT) on April 25th, 2008, the last b
usines
s day prior to the sale.
Any remittance sent by mail for
redemption of tax
-
defaulted property must be received in the Tax Collector’s Office by 5:00 p.m. April
25th, 2008, in the form of cash, cashier
’s
check or bank money order.
Prospective Buyers
Only
bids submitted via the Internet will be acc
epted.
Bidders interested in offline
bidding options should call Bid4Assets at 1
-
877
-
427
-
7387. A deposit of $5,015 is required prior to bidding
on any auction. The deposit must be made no later than April 22, 200
8 at 1:00 p.m. (PT) in order to
participate in this tax sale. Bidders must register on
-
line at
https://secure.bid4assets.com/register
.All
unsuccessful bidders will receive a refund of their deposit
within
10
business days a
fter the close of the
auction.
The deposit of the successful bidders will be
applied to the purchase price.
Full payment and
deed information indicating how title should be vested is required within 72 hours after the end of the sa
le.
A recording fee of $10.00 and a California transfer tax will be added to and collected with the purchase
price and is calculated at $2.50 for each $500 or portion there of if the entire value or consideration is
Rogue Tax Sale Investor
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166
-
more than $100 but less than or equal to
$250,000. If the entire value or consideration is more than
$250,000 but less than $1,000,000, the transfer tax will be $3.40 for each $500 or portion there of.
Successful bidders not completing payment may be pursued for collection and will forfeit thei
r deposit to
the county.
Inspection of Property
Caution
Investigate before you bid. Physical inspection of the property is strongly recommended. Do not
attempt to purchase any property at the auction unless, prior to the auction, an investigation has b
een
made as to the title, exact location, desirability, and usefulnes
s of the properties available.
Parcels are
sold on an “
As Is
” basis and the City and County of San Francisco in no way assumes any responsibility,
implied or otherwise, that the propertie
s are in compliance with zoning ordinances or conform to building
codes and permits.
Bidders are required to conduct any research of due diligence they wish to con
duct prior to submitting a
bid.
A bid is an irrevocable
offer to purchase a property.
A bid
a
ccepted is a binding contract.
A bidder is
legally and financially responsible for all properties bid upon whether representing one
’s self or acting as
an agent.
The City and County of San Francisco Treasurer and Tax Collector reserve
s
the right to pursue
all available legal remedies against a non
-
paying bidder.
Vacant (unimproved) land may not have an address; therefore, the approximate geographic location can
be determined through the use of the County Assessor
’s Plat Maps.
The City and County of San
Fr
ancisco does not furnish metes and bounds descriptions, nor does it assume any responsibility for any
such descriptions recorded in County records
.
Exact boundary lines of vacant, “unimproved
,
” and
“improved” properties can only be determined by a survey o
f the property, initiat
ed at the purchaser’s
expense.
To determine what use can be made of the property, consult the Planning Department of the
City and County of San Francisco for zoning information.
Note:
Neither the State of California, nor the City an
d County of San Francisco, nor any person
designated by these two agencies is liable for:
1.
Damages sustained to any property purchased at public auction from
the time of the sale until the
time of
recordation of the tax deed to purchaser.
2.
The failure of an
y electronic equipment that may prevent a person from participating in the sale.
3.
Known or unknown conditions of any property purchased at public auction, including, but not
limited to, errors in the assessor’s records pertaining to improvement of the prope
rty.
Contaminated/Possible Contaminated Properties
Parcels offered for sale may contain hazardous wastes, toxic substances, or other substances regulated
by feder
al, state, and local agencies.
The C
ity and County of San Francisco,
in no way, assumes an
y
responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily
assumed by a purchaser or any other owner to clean up, or otherwise bring into compliance according to
federal, state, or local environmental
laws fo
r any parcel purchased.
The Tax Collector shall not have any
duty to investigate the status of any parcel with regard to contamination by environmentally hazardous
materials.
Title to Property Purchased
Title to “Tax Defaulted Property Subject to Power t
o Sale” does not pass to the purchas
er until a tax deed
is issued.
It is advised that you
do not
engage in any activity or make any expenditure on any property
you may purchase until yo
u have received your tax deed.
This includes any attempt to collect ren
ts on
improved property and/or dispossess or in any way contact tenants. The San Francisco Treasurer and
Tax Collector
does
not provide the purchaser with a title insurance policy and makes no representations
or warranties with respect to the condition of
the title.
A tax deed will be prepared by the San Francisco Office of the Treasurer and Tax Collector and will be
recorded approxima
tely one month after the sale.
After recordation, the deeds will be returned to the
Rogue Tax Sale Investor
-
167
-
respective purchasers by the San Franci
sco Cou
nty Assessor
-
Recorder’s Office.
Should title to the
property you purchased be recorded incorrectly due to your failure to provide the correct information,
it
will be your responsibility to correct the title.
Sale After Redemption
Occasionally, a
property is sold at auction after redemption has been made by the current owners, or is
sold in error. In these cases, a refund of the purchase price will be made with full understanding and
agreement of the purchaser that the San Francisco Treasurer and T
ax Collector has no further liability in
the matter.
All sales are final unless
the County Board of S
upervisors rules them invalid.
If the sale is ruled invalid,
the purchase price will be refunded.
General Auction Questions
1. How is the minimum sale p
rice for a tax sale determined?
State law dictates that the minimum sale
price for a tax
-
defaulted parcel offered at a public auction shall be no less than the total amount
necessary to redeem the parcel plus costs.
2. Can I obtain a property available at
the tax sal e by paying the delinquent taxes prior to the tax
sale date?
No. Legal title to tax
-
defaulted property subject to the tax collector’s power to sell can be
obtained only by becoming the successful bidder at the county tax sale.
3. How do I find
or see a property I would like to bid on at the tax sale?
While we try to give all
possible assistance in helping prospective purchasers pinpoint a property location, vacant land has no
address and must be determined through the use of county assessor pla
t
maps and perhaps, a map
book.
Exact boundary lines of a property can be determined only by a survey of the property initiated at
the purchaser’s expense.
4. How can I determine what use I can make of a tax sale property before I purchase it?
Consult the
San Francisco Planning Department
, Zoning Section for land use.
Examine the county recorder’s records
for any rec
orded easements on a property.
You can also order a title search report from a local title
insurance company.
5. How soon can I take possessi
on of a property after m y purchase at the tax sale?
You should
consult an attorney. Generally, the successful bidder may take possession of a property after making
payment in full and complying with any conditions set forth between the tax collector and th
e successful
bidder.
6. Is the tax sale publicly advertised?
The public auction notice is published three times in successive
seven
-
day intervals before the tax sale date, in the San Francisco Chronicle Newspaper, on March 7,
March 14 and March 21, 2008.
7. How will title in the deed of the purchaser be vested?
Title is vested in the
name of the actual
purchaser.
If title is to be vested differently, we require a notarized letter from the individual for whom you
are acting as an agent, stating the manner
in which title is to be vested.
8. Do liens or encumbrances on a tax
-
defaulted property transfer to the new owner aft er purchase
of the property at a tax sale?
Pursuant to Section 3712 of the Revenue and Taxation Code, the tax
deed conveys title to the pu
rchaser free of all encumbrances of any kind existing before the sale, except:
x
Any lien for installments of taxes and special assessments, which installments will become
payable upon the secured roll after the time of the sale.
x
The lien for taxes or asses
sments or other rights of any taxing agency that does not consent to
the sale under this chapter.
x
Liens for special assessments levied upon the property conveyed which were, at the time of the
sale, not included in the amount necessary to redeem the tax
-
de
faulted property.
Rogue Tax Sale Investor
-
168
-
x
Unaccepted, recorded, irrevocable offers of dedication of the property to the public or a public
entity for a public purpose, and recorded options of any taxing agency to purchase the property or
any interest therein for a public purpose.
x
Any federal Internal Revenue Service liens that, pursuant to provisions of federal law, are not
discharged by the sale, even though the tax collector has provided proper notice to the Internal
Revenue Service before that date.
(2
) Contact Information
http://www.sfgov.org/site/treasurer_page.asp?id=13433
http://www.sfgov.org/site/treasurer_page.asp?id=13434
For
questions regarding property tax, business tax, collection notices, and/or for general assistance,
please contact Taxpayer Assistance.
Taxpayer Assistance
,
phone: (415) 554
-
4400
Treasurer
,
phone: (415) 554
-
4478
Office Location
City Hall, Room 140
1Driv
e Carlton B. Goodlett Place
San Francisco, CA 94102
Business inquiries and payment, please mail to:
San Francisco Tax Collector
P.O. Box 7425
San Francisco, CA 94120
Email:
Treasurer.TaxCollector@sf
gov.org
SAN JOAQUIN COUNTY,
CALIFORNIA
http://www.co.san
-
joaquin.ca.us
TREASURER
-
TAX COLLECTOR’S OFFI
CE
http://www.sjgov.org/Treasurer
Shabbir Khan,
Treasurer/Tax Collector
500 E. Main Street
, First Floor
Stockton, CA 95202
Mailing address: P.O. Box 2169, Stockton, CA
95201
-
2169
Phone: (209) 468
-
2133
Fax: (209) 468
-
2158
Email:
Treasury@co.san
-
joaquin.ca
(1) Services
http://www.sjgov.org/Treasurer/Services.htm
The Tax Collection Division conducts the auction of Power to Sell property.
(2) Public Auction Information
http://www.sjgov.org/Treasurer/AuctionPacket0
7
.htm
San Joaquin County Tax Collector’s Public Auction
November 14, 2007
Thank you for your inquiry regarding the San Joaquin County Tax Collector’s Public Auct
ion. Attached is
a list of properties that will be offered at auction on
November 14, 2007
at 10:00 a.m., at the Micke Grove
Park Auditorium, 11793 N. Micke Grove Road, Lodi, CA. A $2.00 parking fee will be due at the gate,
Rogue Tax Sale Investor
-
169
-
regardless if you are an active
bidder or an observer. Registered bidders will be seated first; observers
will be seated only if space is available.
The owners of the listed properties have until 5:00 p.m.
,
May 26, 2004 to redeem their defaulted taxes
and remove their property from our
auction. There is no extended right of redemption in the State of
California.
Properties offered at a tax sale are offered on an “As Is” basis. Tax sales are a buyer beware sale.
Purchasers are advised to read the information provided and investigate eac
h property you are interested
in purchasing before you buy.
Registration:
There is no pre
-
registration. Registration will be conducted at the auction site on the day of
the sale. A Driver’s License or other type of identification along with evidence of a
bility to pay is required
to register to bid at the auction. A bidder number will be issued at the time of registration and is required
to participate at the public auction. If you will be acting as an agent, a notarized letter from the individual
for whom
you will be bidding, stating the manner in which title is to be vested, is required.
Successful bidders must settle their purchase at the time of the sale or immediately after the auction.
Payments must be made in the form of cashier’s check or money or
der. Personal checks will be accepted
if accompanied with a letter of credit from your bank. The letter of credit needs to state that the funds are
available the day of the sale and at least 10 days after the auction. Cash will not be accepted.
If you re
quire special accommodations at the public auction site, please contact the Redemption Tax
Section at (209) 468
-
2133
two weeks
prior to the auction date.
Combination of Parcels:
Items grouped in a lot are offered as a grouping. Should one property within
a
lot be redeemed and the taxes on the remaining property or properties within the lot remain outstanding,
the remaining property or properties will be offered at the auction. The minimum bid for the lot is the
combined minimum bids for each parcel in the
lot. The lots are listed in the comment section of the
auction list.
Bidding:
Properties will be offered in the order listed. If no bid is received, the parcel will be re
-
offered at
the next auction. If all properties cannot be offered today, the sale w
ill be continued to a date to be
announced.
This is an oral public auction requiring verbal bids on the properties. Bidding will be in increments of
$100.00 or higher until the parcel is sold to the highest bidder. Higher increments are acceptable should
the bidders wish to expedite the sale. The auctioneer may announce the bids on certain properties be bid
in higher increments than $100.00.
No bid will be accepted for less than the minimum bid amount.
The Assessor’s parcel number and the minimum bid
will be read before starting the bidding for each item.
Properties not sold will be auctioned at the next tax sale.
Successful Bid:
Upon the final bid for each item, the successful bidder will be asked to sign their name
and bidder number on a sheet, an
d will be handed a form with the parcel number printed on it. Prior to
paying for the parcel the form must be filled out exactly as you want the purchase deed to be prepared.
Also include the address to which the purchase deed should be mailed. Please prin
t clearly.
Payment in Full:
No cash will be accepted at the public auction. Successful bidders must settle their
purchase at the time of the sale or immediately after the auction. Payments must be made in the form of
cashier’s check or money order. Perso
nal checks will be accepted if accompanied with a letter of credit
from your bank. The letter of credit needs to state that the funds are available the day of the sale and at
least 10 days after the auction.
Rogue Tax Sale Investor
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170
-
A Documentary transfer tax will be collected i
n addition to the amount of the bid at the rate of sales price
times .0011.
On the day of the sale the
Fiscal Year
2007
-
08 Secured Property tax bill will
be presented to
the new owner.
This current year tax bill is not included in the bid price.
Refunds:
No refunds will be made at the time of sale. All refunds for overpayments made by cashier’s
check or money order will be issued by a County warrant within 15 working days following the date of
sale.
Receipts:
A receipt of payment showing all deeding info
rmation will be completed at the time of payment.
The receipt should be checked carefully for any errors in the deeding information so that the purchaser
may notify the Tax Collector of corrections before the recording of the tax deeds.
Tax Deed:
A tax d
eed will be issued to the purchaser within 60 days of the auction. Should title to the
property you purchased be recorded incorrectly due to your failure to provide the correct information, it
will be your responsibility to correct the title.
Property Ins
pection:
Research and investigate the property before you buy.
Properties offered at a tax sale are offered on an “As Is” basis. The County in no way assumes any
responsibility, implied or otherwise, that the properties are in compliance with zoning ordi
nances or
conform to building codes and permits.
Tax sales are a buyer beware sale. It is the responsibility of the interested bidder to research the parcels
they are interested in purchasing before you buy (i.e., Recorder’s Office, Planning Department,
E
nvironmental Health Department). Refer to Section 3712 of the California Revenue and Taxation Code
regarding liens and encumbrances on a property sold at a tax sale.
Code Violations:
Code violations may be currently outstanding on the property being offe
red for sale.
The sale of the property through the auction does not postpone or affect any enforcement procedures to
bring the property into code compliance.
Please see the frequently asked questions about the auction
(
http://www.sjgov.org/Treasurer/AUCTIONFAQ07.htm
).
Contaminated Parcels:
Parcels offered for sale may contain hazardous wastes, toxic substances, or
other substances regulated by federal, state, and local agencies. The Count
y in no way assumes any
responsibility, implied or otherwise, that the parcels are in compliance with federal, state, or local laws
governing such substances. The County in no way assumes any responsibility, implied or otherwise, for
any costs or liability
of any kind imposed upon or voluntarily assumed by a purchaser or any other owner
to remediate, clean up, or otherwise bring into compliance according to federal, state, or local
environmental laws on any parcel purchased. The Tax Collector shall not have
any duty to investigate the
status of any parcel with regard to contamination by environmentally hazardous materials. Known
contaminated properties are referenced on the auction list and announced at the tax sale prior to being
offered.
Encumbrances (Li
ens on Property):
The following is a copy of the Revenue and Taxation Code 3712,
Title Conveyed. This section informs you of any encumbrances that are not satisfied at the time of your
purchase.
Chapter 7, Section 3712 of the California Revenue and Taxat
ion Code states: The deed conveys title to
the purchaser free of all encumbrances of any kind existing before the sale, except:
(a)
Any lien for installments of taxes and special assessments, which installments will become
payable upon the secured roll after
the time of the sale.
(b)
The lien for taxes or assessments or other rights of any taxing agency which does not consent to
the sale under this chapter.
(c)
Liens for special assessments levied upon the property conveyed which were, at the time of the
sale under t
his chapter, not included in the amount necessary to redeem the tax
-
defaulted
Rogue Tax Sale Investor
-
171
-
property, and, where a taxing agency which collects its own taxes has consented to the sale
under this chapter, not included in the amount required to redeem from sale to the tax
ing agency.
(d)
Easements constituting servitudes upon or burdens to the property; water rights, the record title to
which is held separately from the title to the property; and restrictions of record.
(e)
Unaccepted, recorded, irrevocable offers of dedication o
f the property to the public or a public
entity for a public purpose, and recorded options of any taxing agency to purchase the property or
any interest therein for a public purpose.
(f)
Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 [c
ommencing with
Section 8500] of the Streets and Highways Code) which are not satisfied as a result of the sale
proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.
(g)
Any federal Internal Revenue Service liens which, pursu
ant to provisions of federal law, are not
discharged by the sale, even though the tax collector has provided
proper notice to the Internal
R
evenue Service before that date. Note: A title search initiated at the prospective purchaser's
expense should reveal
any liens or encumbrances on a property in the tax sale.
(h)
Unpaid special taxes under the Mello
-
Roos Community Facilities Act of 1982 that are not satisfied
as a result of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with Section
467
1) of Part 8.
Mobile Homes:
If a parcel offered for sale has a mobile home on it, the sale is for the real property only
and does not include the mobile home. Mobile homes are considered personal property, unless they are
on a permanent foundation.
Par
cel Maps:
Parcel maps are available for inspection and/or purchase prior to the tax sale in the
Assessor’s Office, 24 S. Hunter Street, Stockton, CA.
Title Insurance:
The former assessee or any lienholder has one year from the date of recording of the
ta
x deed to challenge the validity of the tax sale (Revenue and Taxation Code 177 and 3725). During this
one
-
year challenge period, it may not be possible to obtain a guaranty of clear title from a title company.
Title companies may not issue their policy of
title insurance on property that was purchased through tax
-
defaulted public auction, unless a quiet title action has been successfully pursued in the courts, or in lieu
thereof, quit claim deeds are acquired from the former assessee or every lienholder. T
o learn more about
quiet title actions, you may consult with an attorney experienced in real estate transactions.
Sales are final. Legal action will be taken if any successful bid is revoked.
Information regarding State of California County
p
ublic aucti
ons is available on the State Controller
s
website:
http://www.sco.ca.gov/col/taxinfo/tcs/pubauctions
.
If you have any additional questions, please
contact the Redemption Tax Section at (20
9) 468
-
2133.
(3) Public Auction Frequently Asked Questions
http://www.sjgov.org/Treasurer/AUCTIONFAQ07.htm
There will be a $3.00 parking fee. Individuals not registered to bid may observe
only if space is available.
The list is available on our website
see the link at the top of this page
(
http://www.sjgov.org/Treasurer/2007%20Auction.htm
). The list is also available thr
ough the mail for
$5.00 (P.O. Box 2169, Stockton, CA 95201
-
2169) or can be picked up in our office for $5.00 when
available.
There is no pre
-
registration. Registration will begin at 9:00 a.m. on November 14, 2007.
Accepted method of payment is either ca
shier’s check, money orders, and checks with a letter of credit
from the bank. No cash will be accepted.
Public Auction How It Works
The following explains the sale of tax
-
defaulted land by public auction. When secured real property
remains tax
-
defaulte
d for five years, it becomes subject to the Tax Collector's Power to Sell, and
may be
sold at public auction.
The purpose of offering tax
-
defaulted property at auction is to collect the unpaid
taxes.
Rogue Tax Sale Investor
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172
-
S
an Joaquin hold
s"In
-
Person" Public Auctions.
For 2007,
the auction is planned for November 14, 2007
at the Micke Grove Park Auditorium.
How often are public auctions held?
The law requires that a sale be held at least once every four
years. San Joaquin County strives to hold auctions once a year.
Are tax sal
es publicly adver t ised?
Yes. State law dictates that notice of a tax sale must be published
once a week for three successive weeks in a newspaper of general circulation published in the county.
How can I obtain a list of proper ties that wi ll be offered fo
r sale at public aucti on?
The list of
available properties can be requested by sending $5.00 to San Joaquin County Treasurer
-
Tax Collector,
P.O. Box 2169, Stockton, CA 95201
-
2169. For further information, please call the County Tax Collector’s
Office, Rede
mption Division, at (209) 468
-
2133.
How do I find or see property on which I want to bid at the tax sale?
Improved properties frequently
will have a "situs" (street) address, making it easier to determine its general location. However, vacant
land, which
accounts for most properties offered at auction, usually has no address. Parcel maps
obtainable through the County Assessor’s Office (phone: 209
-
468
-
2658) can determine the approximate
location of any parcel. Exact boundary lines of a property
can be deter
mined only by a survey of the
property, initiated at the prospective purchaser's expense.
Who qualifies as a potential bidder at public auction?
All bidders must be at least 18 years of age.
Bidders must register and receive their Bidder’s Packet and Regi
stration Num
ber prior to placing any
bids.
A picture identification must be presented when registering to bid. If you will be acting as an agent, a
notarized letter from the individual for whom you will be bidding, stating the manner in which title is to b
e
vested, is required.
Can I mail in or submit a sealed bid for a property in the auction?
No.
The public auction requires
your presence, or that of your representative, to verbally bid upon the properties.
How is the minimum bid amount determined?
When
a property first becomes eligible for public
auction, the minimum bid cannot be less than the total amount to redeem the property, plus costs
associated with
offering the parcel for sale.
If any property is not sold due to lack of interested bidders,
the m
inimum bid for those particular properties may be reduced at subsequent sales.
How will title to the property be vested
? Title will be vested in the name of the actual purchaser
present at the sale. If you are acting as an agent, and title is to be vested
differently, a letter is required
from the individual for whom you are acting as agent, stating the manner in which title is to be vested. A
Notary according to California law must acknowledge the signature of the individual.
How soon can I take possessi
on of a property after my purchase at the public auction?
The
successful bidder may take possession of a property immediately after making payment in full. A tax deed
will be issued to the purchaser within 60 days of the auction. However, the validity of t
he Tax Collector’s
deed to the purchaser may be challenged within one year after the execution of the deed. In addition, if
the property purchased has an IRS lien on it, the Internal Revenue Service has the right to redeem the
property from the purchaser,
up to 120 days from the date of the sale.
If you have any questions or comments regarding any of the brochures, please write to the San Joaquin
County Treasurer
-
Tax Collector, P.O. Box 2169, Stockton, CA 95201
-
2169.
ROGUE INVESTOR NOTE
: See web page for
additional questions and answers.
(4) 2007 Auction List
http://www.sjgov.org/Treasurer/2007%20Auction.htm
Updated November 15, 2007.
ROGUE INVESTOR NOTE
: A copy of the auction list has
been saved to the data CD that accompanies
this
book (within the file folder “Tax Sale Lists”).
Rogue Tax Sale Investor
-
173
-
S
ANTA CLARA COUNTY, C
ALIFORNIA
http://www.sccgov.org/portal/site/scc
TAX COLLECTOR’S OFFI
CE
http://www.sccgov.org/portal/site/tax
Martha Williams, Tax Collector
70 West Hedding Street
East Wing, 6th Floor
San Jose, CA 95110
Phone: (408) 808
-
7900
Email:
scctax@
tax.sccgov.org
(1) Public Auction of Tax Defaulted Properties
from
http://www.sccgov.org/portal/site/tax
, click on “Auction” under the header “QuickLinks
Date: Spring
2009 (Tentative)
Time: To be
determined
Place: To be determined
To obtain a list of tax defaulted properties, please mail a check or money order in the amount of $25.00 to
our office. Please do not send cash. Your request should include your name, address, phone number and
email addr
ess for weekly updates. As our next auction is tentatively scheduled for June 2009, the next
auction list will be compiled after January 2009.
Thank you for your interest in the Santa Clara County Tax Collector’s Public Auction. The following
information
has been prepared to assist you in the bidding process:
General Information
:
A physical inspection of the property before bi
dding is strongly recommended. The
Tax Collector can
not guarantee the condition of the property nor assume any responsibility for
c
onformance to codes, permits, easements or zoning ordinances.
It is possible that property sold at the tax auction may not be de
velopable under existing laws.
Parcel
maps are available in the Assessment Service
Unit of the Assessor’s Office,
5th floor,
70 West Hedding
St
reet,
San Jose, CA 95110
or via their website at
www.scc
-
assessor.org
.
While all possible assistance is
given in locating properties on maps, the exact location, desirability and usefulness of
the property must
be researched and determined by the prospective purchaser.
Tax d
efaulted property will be sold on an “
As Is” basis.
The County assumes no liability for any other
possible encumbra
nces recorded or not recorded.
A complete investigation o
f all encumbrances should
be made before attending the tax sale.
All sales are final, unless ruled invalid by the County Board of Supervisors.
The former owner’s right to redeem the property ceases at 5:00 p.m. the
day prior to the auction date.
The
former owner has a one
-
year challenge period to p
rove that the sale is invalid.
This must be done in
a court of law. During this one
-
year challenge period, it may not be possible to obtain a clear title to the
property from a title company. In the event th
at the former owner is successful at overturning the sale,
then any improvements done to the property would not be reimbursed.
Please be aware if it is subsequently determined that the Tax Collector should not have sold a specific
property, the Board of
Supervisors has the authority, under Revenue and Taxation Code Section 3731, to
rescind the sale.
Purchased property must be paid for at the time of sale with cash, cashier’s check, traveler’s checks or
mon
ey orders made payable to you.
If you are the
successful bidder you will be required to endorse the
check(s) to the Tax Collector.
Personal checks will not be accepted. The payment amount will include the
full purchase price plus any transfer taxes.
Rogue Tax Sale Investor
-
174
-
Once the list of delinquent properties is prepare
d it wil
l have a minimum bid.
What we recommend is that
you get a cashier’s check, traveler’s check, or money order made payable to you for the minimum bid of
your planned purchase. Then depending on what you are willing to spend, bring your certified fund
sin
hi
gh/small increments.
This will allow you flexibility in asserting the parcel price. If the certified funds are
over the purchase price, the excess funds will be refunded to you by mail in approximately two to three
weeks after the purchase date.
As a
bidder, y
ou are responsible to know the laws pertaining to tax auctions and the laws pertaining to
ownership and the associated liability you will assume as the owner.
Bidder’s Instructions
:
An Auction Clerk will be on hand to answer your questions
before th
e start of the
public auction.
Please refrain from asking questions during the auction.
Registration will be held between 8:00 a
.
m
.
and 10:00 a
.
m
.
on June 29, 2005
.
You will be required to
complete a registration form at that time and submit a
bidder’s security deposit of $1,000.00. This deposit
should be in the form of cash, cashier’s check, money order or traveler’s checks. No personal checks will
be accepted.
The bidder’s security deposit will be applied to the purchase price or will be ref
unded if no purchase
occurs.
Please be pre
pared to present a photo I.D. (
driver
s license or passport
)
at the time of registration.
The deed will be prepared in the name of the actual purchaser at the sale. If you wish title to be vested
differently, we
require a notarized letter from the individual for whom you are acting as agent, stating the
manner in
which title should be vested.
This letter must be presented at the time of registration.
Upon completion of the registration form, you will receive a n
umbered “bidder card
.
” Please hold this card
high so the auctioneer will be able to acknowledge your bid.
The properties will b
e auctioned in numerical order.
Items missing or not offered have either been
redeemed or withdrawn prior to the sale.
Payment
must be made before the close of the auction. You will be asked to sign a purchase agreement
and
receipt.
Please keep this receipt until you have r
eceived your purchaser’s deed.
You should receive
the deed approximately two weeks from the auction date.
R
OGUE INVESTOR NOTE
: See web page for
a
sampling of some typical questions asked by prospective
bidders
.
(2) Bidder Registration Form
In Adobe Acrobat PDF format:
h
ttp://www.sccgov.org/SCC/docs%2FTax%20Collector%20%28DEP%29%2FBRF2007.pdf
In Microsoft Word format:
http://www.sccgov.org/SCC/docs%2FTax%20Collector%20%28DEP%29%2
FBRF2007.doc
In Rich Text format:
http://www.sccgov.org/SCC/docs%2FTax%20Collector%20%28DEP%29%2FBRF2007.rtf
Rogue Tax Sale Investor
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175
-
SANTA CRUZ COUNTY, C ALIFORNIA
http://www.co.santa
-
cruz.ca.us
TREASURER
-
TAX COLLECTOR’S OFFI
CE
http://www.co.santa
-
cruz.ca.us/ttc
Fred Keeley, Treasurer
-
Tax Collector
Room 150, County Government C
enter
Santa Cruz, CA 95060
Phone: (831) 454
-
2510
Fax: (831) 454
-
2257
Email:
TTC.WEBMAIL@co.santa
-
cruz.ca.us
(1) General Information
http://w
ww.co.santa
-
cruz.ca.us/ttc/giguide.htm
Office prepares and mails notices of Power to Sell; determines parcels to sell at public auction
(
http://www.co.santa
-
cruz.ca.us/ttc/auction.htm
) and s
elects dates of the sale; coordinates sale and
accounts for proceeds of sale.
(2) Public Auction of Tax Defaulted Properties
Frequently Asked Questions
http://www.co.s
anta
-
cruz.ca.us/ttc/Frequently%20asked%20questions.htm
Property is sold “As Is”
inspect before you buy.
Why does the County sell tax
-
defaulted property?
When secured real property remains tax
-
defaulted
for five years, it becomes subject to the Tax C
ollector's Power to Sell, and may be sold at public auction.
The purpose of offering tax
-
defaulted property at auction is to collect the unpaid taxes and to convey title
of the property to a responsible owner.
Buyer Beware!
It is your responsibility as a
bidder to have investigated any parcels that you wish to bid
on. No statement is made nor implied as to what use you may put the parcel if you are the successful
bidder. See the next item below as to how to determine what use can be made of the property. I
t is also
recommended you physically look at the property to determine its use.
How can I determine what use I can make of a tax sale pr operty before I purchase it?
Consult the
zoning department of the city in which the property lies or the zoning section
of the County Planning
Department for a property in an unincorporated area of the county (i.e., not lying within an incorporated
city's limits) regarding use of the parcel. In addition, examine the County Recorder's records for any
recorded easements on t
he property. You may wish to consult an attorney at law for a full determination
of the property's use potential.
How often are public auctions held?
The law requires that a sale be held at least once every four
years. In Santa Cruz County auctions are he
ld approximately every other year.
Are tax sales publicly advertised?
Yes. State law dictates that notice of a tax sale must be published
three times in successive seven
-
day intervals before the tax sale date, in a newspaper published in and
of general c
irculation within the county.
Can I mail in or submit a sealed bid for a property in a public auction?
You can fax a proxy bid via
an Offline Bid Form to Bid4Assets, the online auction venue that will be facilitating the sale, p
rior to the
auction open da
te.
Bid4Assets must receive Offline Bid Forms by the date and time the online auction
opens in order to ensure bids are posted.
Offline bid forms will be available approximately 30 days prior to the auction open date and may be
downloaded from the Bid4A
ssets w
eb site once
the auction is posted online.
Please go to
www.Bid4Assets.com/TaxSale
for sale details.
Rogue Tax Sale Investor
-
176
-
Can I obtain a property available at the tax sale by paying the delinquent taxes prior to the t
ax sale
date?
No. Legal title to a tax
-
defaulted property subject to the Tax Collector's Power to Sell can be
obtained only by becoming the successful bidder during the on
-
line auction. Paying taxes on such
property will only cause its redemption for the a
ssessed owner.
When is the last da y t he property owner may redeem the tax
-
defaulted property, to prevent its sale
at Auction?
The right to redeem a tax
-
defaulted property subject to the Power to Sell ceases at the close
of business (5 p
.
m
.
) on the last bu
siness day prior to the sale.
How do I find or see property on which I want to bid at the tax sale?
While we try to assist
prospective purchasers to pin
-
point a property location, vacant land (which accounts for most properties
offered at auction) usually
has no address. The approximate location can be determined by the County
Assessor's parcel maps. Improved properties frequently (but not always) will bear a situs (street) address,
making it easier to determine the general location. Exact boundary lines o
f a property can be determined
only by a survey of the property, initiated at the prospective purchaser's expense.
Who qualifies as a potential bidder at public auction?
Anyone who wishes to bid at the online public
auction must register with Bid4Assets a
nd submit a pre
-
bid deposit within the posted dea
dlines to qualify
as a bidder.
Detailed instructions on how to submit a pre
-
bid deposit will be posted on Santa Cruz
County
’s auction w
eb site. Please visit
www.Bid4Assets.com/TaxSale
for sale details.
How is the minimum bid amount determined?
When a property first becomes eligible for public
auction, the minimum bid shall not be less than the total amount to redeem the property, plus costs
associated with o
ffering the parcel for sale. If any property is not sold due to lack of interested bidders,
the minimum bid for those particular properties may be reduced at subsequent sales.
How and when does the succes sful bidder pay for a property at the tax sal e?
Set
tlement Terms will
be posted on each auction once the parcels have been posted for sale. Please go to
www.Bid4Assets.com/TaxSale
for sale details.
Do liens or encumbrances on tax defaulted property transf
er to the new owner after the purchase
of the property at public auction?
Section 3712 of the California Revenue and Taxation Code states:
Title conveyed. The deed conveys title to the purchaser free of all encumbrances of any kind existing
before the sal
e, except:
x
Any lien for installments of taxes and special assessments, which installments will become
payable upon the secured roll after the time of the sale.
x
The lien for taxes or assessments or other rights of any taxing agency which does not consent t
o
the sale under this chapter.
x
Liens for special assessments levied upon the property conveyed which were, at the time of the
sale under this chapter, not included in the amount necessary to redeem the tax
-
defaulted
property, and, where a taxing agency wh
ich collects its own taxes has consented to the sale
under this chapter, not included in the amount required to redeem from sale to the taxing agency.
x
Easements constituting servitudes upon or burdens to the property: water rights, the record title to
whic
h is held separately from the title to the property: and restrictions of record. Unaccepted,
recorded, irrevocable offers of dedication of the property to the public or a public entity for a
public purpose, and recorded options of any taxing agency to purc
hase the property or any
interest therein for a public purpose.
x
Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code) that are not satisfied as a result of the sale
proceeds
being applied pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.
x
Any federal Internal Revenue Service liens which, pursuant to provisions of federal law, are not
discharged by the sale, even though the tax collector has provided proper noti
ce to the Internal
Revenue Service before that date.
x
Unpaid special taxes under the Mello
-
Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) that
are not satisfied a
s a result of the sale proceeds being applied pursuant to Chapter 1.3
(commencing with Section 4671) of Part 8.
Rogue Tax Sale Investor
-
177
-
Are ther e any guarantees which accompany prope rty acquired at public auction?
No. All parcels
offered at public auction are sold "as is". No war
ranty is expressed or implied in any manner regarding
property sold at the public auction, including, but not limited to, the following example: no claims are
made to guarantee access to, or building permits for, any of the parcels involved in the sale. Pr
ior to
bidding, it is your responsibility to adequately research properties, so you know what you are buying. Lack
of adequate research may result in the purchase of unusable property, with no entitlement to a refund.
All
sales are final.
How will title t
o the property be vested?
Title will be vested in the name of the actual purchaser. Upon
completion of the auction, Bid4Assets will notify all purchaser
s via email of their winnings.
Purchasers will
be directed to an online form, or “Deed Wizard
,
” via a li
nk within the congratulatory email that will capture
vesting information for each parcel purchased.
If you are acting as an agent, and title is to be vested differently, we require a notarized letter from the
individual for whom you are acting as agent,
stating the manner i
n which title is to be vested.
This letter
must be received by the settlement deadline as detailed in the Deed Wizard form.
How soon can I take possession of a property after my purchase at the online auction?
You should
consult an at
torney. Generally, the successful bidder may take possession of a property after making
payment in full and complying with any conditions set forth between the tax collector and the successful
bidder. However, the validity of the tax collector's deed to th
e purchaser may be challenged within one
year after the execution of the deed. In addition, if the property purchased has an IRS lien on it, the
Internal Revenue Service has the right to redeem the property from the purchaser, up to 120 days from
the date
of the sale.
(3)
2007 Tax Defaulted Properties Auction
http://www.co.santa
-
cruz.ca.us/ttc/Parcel%20List%202007%20Tax%20Sale.pdf
Results of parcels sold at auctio
n March 12
-
14, 2007.
VENTURA COUNTY, CALI
FORNIA
http://www.ventura.org
TREASURER
-
TAX COLLECTOR’S OFFI
CE
http://www.ventura.org/taxcollector
Lawrence Matheney,
Treasurer, Tax Collector, Public Administrator
Email:
lawrence.matheney@ventura.org
(1) Contact Information
http://www.ventura.org/ta
xcollector/PhoneNum.html
Ventura County Tax Collector
800 South Victoria Avenue
Ventura, CA 93009
-
1290
Phone
, Public Auction Tax Sales:
(805) 654
-
3741
(2) Public Auction
http://portal.countyofventura.org/portal/page?_pageid=822,1098644&_dad=portal&_schema=PORTAL
Our auctions are held at the Ventura County Government Center, Administration Building, Lower Plaza
Assembly Room, 800 South Victoria
Ave
nue
, Ventura, CA 93009
-
1290
.
To ask a question via email, click here
:
taxsaledesk@ventura.org
Rogue Tax Sale Investor
-
178
-
(2a) Auction Book
http://portal.countyofventura.org/portal/page?_pageid=822,1098667&_dad=portal&_schema=PORTAL
An auction book will be
available
on January 5, 2008.
The cost is $15.00 at our office or $17.50 by mail.
Make your check payable to Lawre
nce L. Matheney and mail to the Vent
ura County Tax Collector, 800 S.
Victoria Ave
nue
, Ventura, CA 93009
-
1290
.
If you have any questions please call 805
-
654
-
3741.
(
2b)
List of Properties for Sale
http://portal.countyofventura.org/pls/portal/docs/PAGE/TAX_COLLECTOR/PUBLIC_AUCTION/PUBLIC%
20AUCTION%20LIST%203
-
12
-
08.PDF
ROGUE INVESTOR NOTE
: The property list
is available
on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
(
2c
) Terms of Sale
http://portal.countyofventura.org/portal/p
age?_pageid=822,1098662&_dad=portal&_schema=PORTAL
All lots or parcels of property are to be sold at public auction "as is" and in the order listed. The minimum
bid shall be as stated per item number, and each raise in bid shall be not less than $100.00
per item.
The descriptions as given are based on the official records in the Ventura County Recorder's office and
are assumed to be correct; however, prospective purchasers are advised to examine the title and location
of the lots or parcels to their ow
n satisfaction
prior to the sale. The County of Ventura makes no
guarantee, expressed or implied, relative to title, location or condition of the lots or parcels for sale, nor for
a clearance by the County of Ventura Planning Department, pursuant to Sectio
n 8113
-
8, Ventura County
Ordinance Code regulating the use of non
-
conforming lots. The purchaser may obtain a policy of title
insurance on said properties at their own election and expense. However, it is emphasized that the sales
of the respective propert
ies are subject to conditions, restrictions, reservations and easements of record.
Please note: Prospective purchasers are advised that some bonds or other assessments which are levied
by agencies or offices other than the Treasurer
-
Tax Collector may still
be outstanding after the sale.
Payment by cash, cashier's check, or certified check in the amount of the bid awarded will be required at
the time of the awarding of bid or immediately after the sale.
Cash or credit sale.
Pursuant to Section 3693.1 of
the Revenue and Taxation Code, the Tax Collector
may make the sale a cash or credit transaction. "In the event the Tax Collector approves the successful
purchaser's request to treat the sale as a credit transaction,
$5,000
or 10 percent of the purchase pri
ce,
whichever is greater, shall be deposited with the Tax Collector and the balance of the purchase price
shall be paid in cash in lawful money of the United States or negotiable paper as specified by the Tax
Collector within a period specified by the Tax
Collector, not to exceed 90 days from the date of the
auction, as a condition precedent to the transfer of title to that successful purchaser. Failure on the part of
the successful bidder to consummate the sale within the period specified by the Tax Collec
tor shall result
in the forfeiture of the deposit and all rights he or she may have with respect to that property."
The Public Auction is an oral a
uction and it requires your presence, or that of your representative, to
verbally bid upon properties. On t
he morning of the sale, prospective purchasers will register their name
and mailing address and show identification. Each bidder will receive an identification number to be used
in the bidding process. If a representative bidder is used, we require a notar
ized letter from the individual
for whom you are acting as an agent, stating the manner in which title is to be vested.
Each successful bidder will receive a receipt which will state the Tax Rate Area and Parcel Number of the
property purchased and the a
mount of his bid. During the auction or immediately thereafter, the
successful bidder shall specify in writing how title to the property purchased is to be vested: Husband and
Wife as Joint Tenants
;
As Tenants in Common
;
A Single Man
;
A Single Woman
;
A Mar
ried Man/Woman
as His/Her Sole and Separate Property
;
Other (Specify)
.
The purchaser must then present this with full
payment to the cashier, who will issue a receipt.
A
pproximately four weeks after the sale, the deed will be mailed to the successful bidd
er. This tax deed
conveys the right, title and interest in the property to the purchaser. The deed is recorded at the expense
Rogue Tax Sale Investor
-
179
-
of the County of Ventura. In the case of a credit sale, the deed will not be recorded until the sale is
completed.
All sales are f
inal
.
A California documentary transfer tax will be added to, and collected with
,
the credit sale deposit or the
full purchase price. This tax is calculated at the rate of $.55 for each $500.00 or fractional part thereof, if
the purchase price exceeds $1
00.00.
(2d) Auction Results
http://portal.countyofventura.org/pls/portal/docs/PAGE/TAX_COLLECTOR/PUBLIC_AUCTION/AUCTION
%20R
ESULTS%203
-
12
-
08.PDF
Public auction results for March 12, 2008.
PRIVATE SECTOR TAX SALE ADMINI STRATORS
BID4ASSETS
http://www.bid4assets.com
(1)
County Tax Sales
http://www.bid4assets.com/help/index.cfm?fuseAction=TaxSale
Upcoming
C
ounty auctions are continuously added to the site's calendar. To stay appraised of all
upcoming County auctions on Bid4Assets we encourage you to sign
-
up for our County Tax Sales email
alert so we can notify you when new sales are introduced to the site.
(2) Real E state Storef ronts
http://www.bid4assets.com/marketing/storefrontListi
ng
Rogue Tax Sale Investor
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180
-
Colorado
Tax Lien Sales:
Yes
.
Over
-
the
-
Counter Tax Lien Sales:
Yes. P
arcels not bid on during the sale are struck off to the
county.
Tax Deed Sales:
No
.
Rating:
Three Stars (***)
Interest Rate:
The interest is base
dontheFederalReservediscountrateasofSeptember1st
plus
9%
.
Sale Period
:
O
norbeforethesecondMondayofDecember
,accordingtostatelaw.Most
counties conduct the
ir
sales in
October
or November
.
For a list of tax lien sale dates by county,
vi
sit the Colorado Treasurers and Public Trustees’ website at
http://www.e
-
ccta.org/Forms/Tax%20Sales/2007%20Tax%20Sales.htm
.
Redemption Period:
3years
Bidding Process:
The
b
idding process varies by county
.Auctionsmaybeconductedusinga
round robin process, in which buyers are offered the opportunity to
purchase
tax liens in
rotation. Or the county may set minimum bids, with the winning investor willing to pay the most
for
ataxliencertificate.
Some counties use both bidding processes, depending on the property
classification.
Apremiumbidistheamountpaidabovethetotaladvertisedtaxlienfee.
Be
careful:
p
remiums on bids are no t refundable, nor do they earn interes
t.
Some counties
are now conducting their tax sales online.
According to state law (section 39
-
11
-
111), the purchase price must be paid in cash.
There may
also be a small tax lien certificate fee (e.g., $4).
Most counties require funds to be placed on
dep
osit before you bid. During bidding, you cannot exceed your deposit amount. Each buyer
must complete a W
-
9
form
,which
can be obtained from the IRS.
State
-
Specific Information:
Colorado is a decent state for tax sales.
Property ownership
because of non
-
r
edemption, although rare, can be lucrative because land is often valuable.
Colorado County Links:
See
Colorado
Tax Sales
at
http://www.coloradotaxliencertificates.com
and
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
Rogue Tax Sale Investor
-
181
-
ADAMS COUNTY
,COLORADO
http://www.co.adams.co.us
TREASURER’S OFFICE
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=19&p=231
Adams County Building
450 South 4th Avenue
Brighton, Colorado 80601
-
3193
Phone:
303
-
654
-
6160
Fax: 303.654.6171
(1) Tax Lien Sal
e G eneral Information
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=107&p=259
No Right Of Possession
: It must be understood that the sale and purchase of the
tax or special
assessment lien at a tax sale does not, as it might under simple sales and purchase agreements, convey
the right of possession, use, improvement or access to said property. The buyer is issued a Tax Lien Sale
Certificate of Purchase, which
is a properly recorded lien.
Treasurer's Deed
:
In the event the lien remains unredeemed, the certificate holder has the right of paying
subsequent years' delinquent taxes (sub
-
taxing). Sub
-
taxing normally occurs after the first day of August
each year, a
s redemption interest accrues only as of that date. Three years from the date of the
certificate, if the lien remains unredeemed, the certificate holder may apply for a Treasurer's Deed to the
property. To be eligible for a Treasurer's Deed, the certificat
e holder must make application to the
Treasurer. The procedural process normally takes 3 to 6 months to accomplish. Extenuation of the time
period may occur when there are complex problems related to the property. Deed applications may be
made by the certi
ficate holder 3 calendar months prior to the third anniversary date of the certificate, but
the endorsement of the current year's taxes and/or special assessments will not accrue interest until the
first day of August. When application is made, monies must
be deposited to pay all related deed
expenses. Prior to deed application all subsequent taxes, special assessment liens and current taxes
must be paid and endorsed on the certificate.
If the lien is redeemed, the certificate holder is entitled to intere
st on the taxes, penalty interest,
advertising, and legal charges, which was paid and subsequently endorsed. Liens may be redeemed at
anytime prior to the issuance of a Treasurer's Deed.
Premium (or Bonus) Bids
:
Bonus bids (premiums) are not returned.
Wrongfully Sold Lien
:
If a lien is wrongfully sold the County must pay the certificate holder the accrued
interest. The rate will be 8% per annum for the delinquent tax liens sold this year.
Additional Information
:
If there are further questions, please
call: Tax Lien Sales at 303
-
654
-
6376.
(2) Tax Lien Sale Event Information
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=107&p=913
The 2007 Adams County Tax
Lien Sale
will be an internet tax sale.
Information regarding the internet tax
sale will be available on this web site and at
www.adamstaxsale.com
in mid
-
August.
To register, participate, and view a listing of
available properties for the 2007 Adams County Tax Lien
Sale visit
www.adamstaxsale.com
. Registration for the 2007 Adams County Tax Lien Sale and a list of
the properties available will be on
-
line October 5, 20
07. The 2007 Adams County Tax Lien Sale will be
November 7th through November 12th.
The 2007 Adams County Mobile Home Tax Sale will be a physical sale on November 27th in the
Treasurer's Office at 450 South Fourth Avenue, Third Floor, Brighton, CO.
Rogue Tax Sale Investor
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182
-
(3)
Tax Lien Sale Internet Auction FAQ
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=107&p=914
What is an internet lien auction and how is it different from a tr
aditional auction?
An internet lien
auction is held electronically, over the internet with bids placed on a computer rather than meeting in a
large room with everyone calling out their bids.
How do I get started?
To register visit
www.adamstaxsale.com
and click "Register". The step by step
wizard will guide you through the registration process.
Will I need special equipment and software?
No special equipment or software is needed for the sale.
To participate in
the auction bidders must have access to the internet. For those without internet access
the Treasurer's office will have computers available for use at the Adams County Administration Building,
450 South 4th Avenue, Brighton, Treasurer's Office, third flo
or.
Is training available for the auction software and how do I get it?
On
-
site training classes will be held
at predetermined dates and times. Attendance will be by registration only. Please visit
www.
adamstaxsale.com/training
for a list of available dates and locations.
Telephone support will also be available in October by contacting Realauction's toll free custom
er support
center at 877
-
361
-
7325.
How much does it cost to enter the auction?
There i
s no cost to participate in the auction. However,
each bidder must place a deposit equal to 10% of the total dollar amount of liens they anticipate winning.
For example: If a bidder anticipates winning $100,000 in tax liens, he/she must deposit $10,000 w
ith the
Adams County Treasurer. Deposits must be submitted on the website (
www.adamstaxsale.com
) by 5:00
PM MST, November 1, 2007.
When the advertising list for the current year's auction becomes available Octo
ber 5, 2007 deposits may
be submitted on the website.
What happens if I ex haust my deposit while I still have active bids?
If your deposit is exhausted
while you have active bids any bids remaining
will not
be placed. Deposits must be authorized on the
we
bsite (
www.adamstaxsale.com
) no later than 5:00 PM MST, November 1, 2007.
How do I pay for my security deposit and liens purchased?
Security deposits and payments for liens
won can be made using the ACH payment
wizard on the auction website (
www.adamstaxsale.com
).
What is a batch?
The liens being advertised are sold individually. However, in order to make the bidding
process more manageable, liens are divided into gr
oups called "batches" consisting of
approximately 500
liens each.
Within each batch, contiguous parcels with the same owner may be grouped
together and
sold as a block.
You will still receive individual tax liens for each parcel.
When can I st art bidding?
You may enter your preliminary bids for all batches on October 5, 2007
.
This
preliminary time prior to the sale is available so you may research properties; select the properties of your
choosing and the amount of p
remium you are willing to pay.
You may m
odify your bids up to the closing
day of the sale, November 9, 2007.
When does the auction start and end?
The auction officially starts on November 3, 2007, 8:00
a.m.
MST. All items in Batch One (1) will end on November 9th, 2006 at 9:00
a.m.
MST. Each su
bsequent
batch will end on the hour until 4:00
p.m.
MST when the auction officially closes. If you are logged on to
your computer on the 9th of November you will immediately know what you have purchased at the end of
each hour and may adjust your bids on a
ny future batches.
Can other participants see my bids?
No.
How does the bidding work?
On the bid screen, each auction participant enters the maximum dollar
amount over the lien face amount that they are willing to pay. This dollar amount is referred to a
sa
"premium".
Bids must be entered in whole dollars (no cents). To enter a bid at face value, you would enter
Rogue Tax Sale Investor
-
183
-
a $0 premium amount. At the closing of each batch, the auction software evaluates all bids and the lien is
awarded to the highest bidder provided
he or she has a sufficient amount of deposit with the county at
that time the bid is closed.
What is proxy bidding?
On the bid screen, auction participants enter the maximum premium a
mount
they are willing to pay.
At the close of a batch, when the winner
is determined, the system will
automatically enter bids on your behalf until you are either the highest bidder
or
the maximum premium
dollar amount that you entered has been reached. If you are the winning bidder, the premium amount that
you owe will be $
1 greater than the next highest bidder (provided there are no ties).
For example: If a lien face amount is $500.00 and Bidder A enters a premium amount of $20 and Bidder
B enters a premium amount of $40, then at the closing of that batch the lien will be
awarded to Bidder B
and the total amount due will be
$521.00 (f
ace amount of $500 plus $21 of premium).
What happens in the case of a tie bid?
In the case of a tie bid the winner will be selected at random by
the auction software. The process used to sele
ct the random winner has been certified by an independent
third party.
When do I have to pay for a successful bid and what happens if I don't pay?
Funds to cover all
winning bids must be authorized on the website by November 12, 2007, 4:00
p.m.
MST. If pa
yment is not
posted by that time, the lien will be awarded to the next highest bidder. If you fail to pay for liens
purchased the county may revoke future biddin
g privileges (§39
-
11
-
116, C.R.S.).
What happens to the leftover depo sit money?
Any deposit mon
ey leftover, not credited toward winning
bids, will be returned to the bidder approximately two weeks after the close of the auction.
How do I contact Customer Service?
Customer Service will be available starting October 5, 2007.
Customer Service Email A
ddress:
customerservice@realauction.com
Website:
www.realauction.com
Physical Location: Realauction, 861 SW 78th Avenue, suite 102, Plantation, Florida 33
324
Phone: 877
-
361
-
7325
Realauction Office hours: Monday through Friday 8
a.m.
6p.m.
EST
You may also call the Adams County Treasur
er's Office, Ken Sigley, at 303
-
654
-
6376.
Our office hours
are weekdays 8:00
a.m.
to 4:30
p.m.
MST
.
Should I make note
of any important dates?
Summary of Important Dates
-
Revised 9/6/2007
Website (
www.adamstaxsale.com
) Opens for Registration, Deposits & Bidding: 10/05/2007
Deposits Due By: 11/01/2007
Auction Closes: 11/09/200
7
Payments for Winning Certificates Due By: 11/12/2007
(4) Tax Lien Sale Prese ntation
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=107&p=673
Click here to
view the tax lien sale presentation:
http://www.co.adams.co.us/documents/page/tax_lien_sale.pps
(5) Tax Sale List
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=296&p=778
Tax Sale list will be published in early October 2008
.
(6) Mobile Home Tax Lien Sale
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=108&p=265
(6a) Public Notice
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=108&p=265
Rogue Tax Sale Investor
-
184
-
(6b) Pa
yment for Tax Liens
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=108&p=261
(6c) Redemption Interest
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=14&s=108&p=267
(6d) Sale Procedure
http://www.co.adams.co.us/index.cfm?d=standard&b=1&c=1
4&s=108&p=266
CITY AND COUNTY OF D
ENVER
,COLORADO
http://www.denvergov.org
TREASURY DIVISION
http://www.denvergov.org/Treasury/default.asp
(1) T
ax Lien Sale Frequently Asked Questions
http://www.denvergov.org/Treasury/410faq800.asp
When is the Treasurer's annual sale of real estate tax liens for the 2002 tax year?
The Annual Public
Auction of Real Estate Tax Liens will begin on November 5, 2007 at 8:00 a.m. MST and will close on
November 8, 2007 at 5:00 p.m. MST. The auction will be conducted entirely by means of the internet at
www.denve
rtaxsale.com
.
(2) Tax Lien Sale Information
http://www.denvergov.org/PropertyTaxInformation/TaxLienSaleInformation/tabid/425589/Default.aspx
(2a)
Rules for the Treasure’s Annual Sale of Real
Estate Tax Liens for Tax Year 2006
http://www.denvergov.or
g/PropertyTaxInformation/TaxLienSaleInformation/RulesfortheTreasurersAnnual
Sale/tabid/425591/Default.aspx
Location of Public Auction
:
The Annual Public Auction will be conducted entirely by means of the internet
at
www.denvertaxsale.com
.
Date and Time of Public Auction
:
Bidding will begin on November 5, 2007 at 8:00 a.m. M.S.T. and will
close on November 8, 2007 at 5:00 p.m. M.S.T
Registration/Deposits
:
Buyers can register and make deposits beginning Octobe
r 22, 2007 at
www.denvertaxsale.com
.
Registration and deposits may be made until November 7, 2007 at 5:00 p.m.
M.S.T.
All deposits must be mad
e in electronic funds transfer.
Final determination regarding the
ac
ceptability of any deposit will be at the discretion of t
he Treasurer or his employees.
Buyers are
responsible to ensure the information on their registration is correct since certificates of purchase,
redemption checks and refund checks are p
repared from
this information.
Once registration is completed,
a bidder number will be issued for bidding.
Computer Workstations
:
Access to computer workstations for bidding will be available in City and County
of Denver, Treasury Division, 144 West Colfax Avenue, McN
ichols Civic Center Building, Denver,
Colorado between October 22, 2007 and November 8, 2007, between the hours of 8:00 a.m.
M.D.T./M.S.T. and 5:00 p.m. M.D.T./
M.S.T., Monday through Friday.
Access will be on a first come first
served basis.
Unpaid Tax L
ist and Public Auction
:
Publication of the unpaid tax list will be in alphabetical order by
property owner name.
The list will be published in The Denver Post and/or Rocky Mountain
News on
October 5, 12, and 19.
Taxes will be auctioned in parce
l identifica
tion number order.
The list of the unpaid
taxes, in parcel identification number order, will be posted (1) at
www.denvertaxsale.com
beginning
October 22, 2007 and (2) near the entrance of the Treasury Division
for several d
ays before the public
auction.
Each parcel will be offered for the amount of taxes, advertising, penalty interest, and fees and will
be subject to general bidding.
Rogue Tax Sale Investor
-
185
-
Bidding
:
In accordance with §39
-
11
-
115 (2) (c) and (d), C.R.S., minimum bids an
d bid increase
increments are as follows:
x
Bids will be accepted in the amount of the minimum with the first bid.
x
The next bid will be increased by one dollar.
The bidding rules as well as instructions on accessing the public auction and submitting bids
will be
posted at
www.denvertaxsale.com
on October 22, 2007.
For bidding purposes, properties will be grouped in batches and sold in 30 minutes increments beginning
at 8:00 a.m. M.S.T. on November 8, 2007, an
d ending at 5:00 p.m. M.S.T. Items in each batch will be
identified with a closing time.
Payment transfers that are rejected for any reason, including the lack of funds, may result in cancellati
on
of the corresponding bid(s)
and the Treasurer may prohibi
t a person who fails to pay the amount due from
bidding on sales for up to five years under §39
-
11
-
116, C.R.S.
It is the bidder’s responsibil
ity to know what is purchased. All successful bids are final.
No changes in or
cancellation of parcels purchased c
an be made after bidding is closed.
The certificate of purchase issued on a successful bid will show the legal description, purchase amount,
and buyer’s name (as entered on registration form), in
terest rate, and date of sale.
Buyers will be notified
when
their certificates are ready to be picked up. The City and County of Denver will keep them if the
buyer wishes and provide copies.
Redemption interest is 15% per annum. If parcels are redeemed prior to delivery of certificates,
redemption checks will be m
ailed to buyers and notations made on buyers’ lists of purchases.
Employees and officials of the City and County of Denver and members of their families are not allowed
to purchase at the Denver Tax Lien Public Auction.
Please Note!
Delinquent Real Estat
e Tax payments must be received in our office by 4:30 p.m. M.D.T.,
Friday, November 2, 2007
.
Payments will not be accepted after that tim
e without redemption interest.
Payments will not be permitted during the Annual Public Auction of Real Estate Tax Liens
.
Any questions regarding the Annual Public Auction should be directed to the Treasury Division, Taxpayer
Service Section, 144 West Colfax Avenue, Denver Colorado 80202, (720) 865
-
7070.
ROGUE INVESTOR NOTE
: The auction is run by RealAuction.com. See
Priv
ate Sector Tax Sale
Administrators
at the end of the Colorado section.
(2b
) Information on the Sale of Delinquent Real Property Tax Liens
http://www.denvergov.org/PropertyTaxInformation/TaxLienSaleInformation/InformationontheSaleofDelinq
uentTaxes/tabid/425592/Default.aspx
The Tax Lien Sale is usually held arou
nd the first part of November.
Buyers pay the
total advertised price
consisting of tax, interest to the date o
f sale and an advertising fee.
They also pay a $4.00 certif
icate fee
plus any premium bid.
The person paying the highest amount is iss
ued a Certificate of Purchase.
This is
a negotiable docume
nt representing a
recorded lien on the property. It is valid for 15 years.
The buyer
does not recover the premium
paid over the starting amount.
The certificate earns interest at the rate
stated on the certificate with portions of calendar months considere
d as whole months.
A buyer list showing certificate numbers, schedule numbers and total paid wil
l be provided to the
taxpayer.
Buyers are responsible
for keeping adequate records.
The Treasury Division is responsible for
the sale of the tax lien, immedia
te notification to buyers of redemptions and payment upon surrende
r of
the redeemed certificate.
(We will hold your certificate if you wish and provide copies to you.)
The redemption amount paid is the certificate amount (tax, interest, advertising, and
fe
es), plus
redemption interest.
The annual redemption interest rate for each year’s sale is established by adding 9%
Rogue Tax Sale Investor
-
186
-
to the September 1st
Federal Reserve discount rate.
One twelfth of this rate accrues for
each month or
portion thereof.
The September 1, 2
007
discount rate was
5.75
%.
The redemption rate for certificates
sol
d in November of 2007
wi
ll be 15
% or 1.
25
% per month.
Upon redemption, we notify the buyer to
return their certificate for payment of the certificate face value plus accrue
d interest.
If
we are holding your
certificate, a check will be mailed immediately.
Buyers may after July 1st pay the subsequent year’s unpaid taxes for endors
ement onto their certificates.
These payments earn the same rate of interest as does the original sale.
If t
he property has not been redeemed after three years, the buyer can apply for and receive a
Tre
asurer’s Deed to the property.
Buyers return their certificates to
us and deposit expense money.
After
a title search, advertising, and notification of all intere
sted parties, a Treasurer’s Tax Deed is issued if
there has been no redemption.
Erroneous sales are paid interest at the rate of 2% above the discount rate rounded to the nearest full
percent but no lower than 8%.
The lower redemption interest rate is ap
plicable to discoveries made after
May 23, 1988 and can be applied to the entire certificate regardless of when the certificate was
purchased.
If you wish to participate in our sale, please notify us that you need a copy of the rules showing the dat
e
of
the sale and any details.
Information will be mail
ed to you after September 1st.
We furnish a copy of
the list of parcels for sale at the time of the sale.
The subject of Tax Lien Sales, Deeds, Redemptions, etc., which are administered by County Treasure
rs,
is covered by Colorado Revised Statutes,
Title 39, Articles 11, and 12.
Any questions should be referred
to the Taxpayer S
ervice Unit at (720) 865
-
7070.
(2c
) Tax Lien Sale Announcements
:
2007 Public Auction of 2006
Taxes
http://www.denvergov.org/PropertyTaxInformation/TaxLienSaleInformation/TaxLienSaleAnnouncements/t
abid/425593/Default.aspx
A lien is what you
are
buying
not the property.
You are given a treasurer’s certificate of purchase.
Buyers must have registered and deposited electronic funds trans
fer in order to make purchases.
Make
sure names are spelled c
orrectly on your registration.
Certificates will
show the same information.
Payment transfers that are rejected for any reason, including the lack of funds, may result in cancellation
of the corresponding bid(s) and the treasurer may prohibit a person who fails to pay the amount due from
bidding on sal
es for up to five years under §39
-
11
-
116, C.R.S.
City employees and their family members (son, daughter, mother, father, grandmother, grandfather,
grandchildren, brother, sister, son
-
in
-
law, daughter
-
in
-
law, mother
-
in
-
law, father
-
in
-
law, brother
-
in
-
law,
sister
-
in
-
law, domestic partner, and the mother, father, son, daughter, brother, or sister of the domestic
partner) are not allowed to buy.
The “ts” on the right in the newspaper indicates an un
redeemed sale from a prior year;
“partially paid”
indicates
that either the tax is for the second
-
half or that there is an additional fee for a service lien or
maintenance district payme
nt which is due on the parcel.
Note that this may be all that is due on the
property.
The interest rate is 15
% on this year’s ce
rtificates.
Subsequent years can be endorsed to these
certificates at the same rate.
Be sure that you know
how to add on subsequent taxes. Do not just pay the taxes.
You must bring or
send in the certificate to be endorsed
to the special accounts unit.
S
ubsequent taxes may be added in
July annually.
Rogue Tax Sale Investor
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187
-
The earliest you can apply for a deed is Novembe
r
20
10
for the 200
6
tax year.
The earliest a deed can be
issued is three and half (3.5) years from the N
ovember tax sale date.
The deed fee is $50
0.00.
Unused
deed fees will be refunded.
(2d
) P ayment of Subsequent Years’ Taxes
http://www.denvergov.org/PropertyTaxInforma
tion/TaxLienSaleInformation/PaymentofSubsequentYearsT
axes/tabid/425594/Default.aspx
The Colorado Revised Statutes (39
-
11
-
119)
provide that a holder of a certificate of purchase may pay any
subsequent taxes on the property on which the buyer has an unrede
emed certificate, and that this
payment will be endorsed on the certificate and the tax lien sale book of record in the Treasurer's Office.
The payment is made to protect your certificates and to prevent the property from being sold again
at
subsequent t
ax lien sales.
Payment is recorded on the certificate and on the tax lien sale book to insure
that you will be reimbursed for this additional payment in the even
t of a redemption.
This fee for the
endorsement of these paym
ents is $5.00 per endorsement.
Thi
s fee will als
o be recovered on
redemptions.
Current general property tax payments can be endorsed on to certificates for special
assessment if you desire. Delinquent Local Improvement installments may be endorsed o
n to general tax
certificates.
Certificat
es must be brought in, left, and processed in the order they are received.
Subsequent payments of delinquent taxes endorsed on certifi
cates purchased in November 2007
dr
aw
interest at the rate of 1.25
%p
er month or fraction thereof (15
% per annum), from
the date of payment.
This interest is computed on a monthly basis to the date of redemption.
In addition to regular taxes, subsequent tax sale certificates may be redeemed and the redemption
amount
endorsed on your certificates.
Tax Sale Certificates fro
m previous sales cannot be redeemed and
endorsed on your certificates unless your certificate is on a Special Assessment for a Local Improvement,
Delinquent Sanitary Sewer lien, Delinquent Storm Drainage lien and the earlier certifi
cate is a General
Certif
icate.
In this case, it is recommended that it be done since a deed on the General Certificate could
make the Certificate for special assessment worthless.
This may be done at any time, but accrues interest from date of payment to date of redemption. Buy
ers
wishing to make subsequent tax payments should bring or send their certificates to the following:
Special Accounts Unit
1st
Floor, 144 West Colfax Avenue
phone:
(720) 865
-
7000
Treasury will determine the amounts required and will notify buyer
ss
o that payment can be made.
We will
then process the payments and make the necessary entries to the tax lien sale books.
For payment of general taxes, most buyers bring their certificates in duri
ng the last two weeks of July.
P
rocessing takes several wee
ks. If redemptions are received during this time, we pull the certificate and
mail a check to the tax buyer.
(3) Contact Information
http://www.denvergov.org/Treasury/410contact.asp
Trea
sury Division
McNichols Civic Center Building
144 W. Colfax Avenue
Denver, CO 80202
-
5391
Phone: (720) 865
-
7202
General email address for Treasury:
treasinfo@ci.denver.co.us
Property Tax Information
,
Taxpay
er Service Unit
,p
hone: (720) 865
-
7070
Rogue Tax Sale Investor
-
188
-
DOUGLAS COUNTY, COLORADO
http://www.douglas.co.us
TREASURER’S OFFICE
http://www.douglas.co.us/treasurer
Sharon Jo
nes, Treasurer
Douglas County Treasurer’s Office
100 Third Street
, Suite 120
Castle Rock, CO 80104
Phone: (303) 660
-
7455
Fax: (303) 660
-
9022
Email:
dctreasurer@douglas.co.us
(1) Tax Lien Sale Information
http://www.douglas.co.us/treasurer/Tax_Lien_Sale_Information.html
The Tax Lien Sale will be held on Nov. 13, 2008
.
The Tax Lien Sale Seminar will be held on Oct 23, 2008
.
Purchasing delinquent tax liens at sale is becoming an increasingly popular form of investment. Here are
some facts to help you understand what a tax lien sale investment is, and what it is
not:
x
When you purchase a tax lien sale certificate on property,
you become a lien holder on the
property. In essence, you loan funds to the owner to pay taxes.
x
You purchase the tax lien,
not
the property. In Douglas County, eventual transfer of deed has
occurred in less than 2 percent of all purchases.
x
Investing in t
ax liens through purchase a
t tax lien sale is just that
a
n investment. The purchase
can be thought of in terms of a potentially long range C.D. Redemption of the certificate is at a
given rate of return, and can occur up until the time a Treasurer's Deed
is issued or until 1
5years
from the date of sale,
whichever comes first.
x
The State Banking Commission determines the rate of return. The annual interest rate is set at
nine points above the f
ederal discount rate as of September
1.
The Treasurer's Offic
e wishes to make it very clear that all sales are made with a "buyer beware"
warning. While we make every effort to remove property with bankruptcies, FDIC or RTC connections, we
cannot guarantee a property to be buildable or desirable.
(1a) Tax Sale Rule
s
http://www.douglas.co.us/treasurer/Tax_Sale_Rules.html
Payment of Taxes:
Taxes, including interest and penalties, must be paid by noon (12:00 p.m. MST) on
the day prior to the tax s
ale.
No payments will be accepted on the day of the sale.
If a tax lien has already been sold on the day of the sale, one month's tax lien interest will be charged in
addition to fees and advertising. Payment must be in cash or certified funds.
Once de
linquent taxes have been advertised, they must be paid in certified funds.
Form W
-
9:
The IRS now requires County Treasurers to report, on form 1099, interest income earned
through tax lien investments. W
-
9 forms are available
(
http://www.douglas.co.us/treasurer/documents/fw9.pdf
), and should be completed prior to registration. If
aW
-
9 is not on file with the Treasurer's office, the Treasurer will withhold 30% of interest earned at the
t
ime the tax lien certificate is redeemed.
Deposits:
We
no longer require funds on deposit to purchase liens at our Tax Lien Sale. All bids must be
covered by personal checks. Buyers are responsible for ensuring that the information on the registration
f
orm is legible and correct, and that the name given to the registration clerks is the same as that on the
Rogue Tax Sale Investor
-
189
-
registration form since the certificates of purchase are prepared from this information. Each bidder will bid
in the names on the registration forms h
eld by them.
Refunds:
Deposited funds in excess of purchases, if any, will be refunded after all post
-
sale balancing
completes or within three business days.
Registration:
7:30 a.m. in Conference Rooms A & B, 100 Third Street, Philip S. Miller Executi
ve Building.
For a printable Registration form, please visit
http://www.douglas.co.us/treasurer/documents/Tax_Sale_Registration_Form.pdf
Seating:
Seating will be
on the basis of arrival with no reserved seats. The doors of the sale room (first
floor Hearing Room) will open at 7:30 a.m.
Bidding will begin promptly at 9:00 a.m.
Sale:
A complimentary, updated currently deleted listing will be available in book form
the day of the sale.
This list will be followed in numerical order as closely as possible during the sale. A currently deleted copy
of the newspaper publication will be posted near the entrance to the sale room.
The sale will be conducted as rapidly as
possible consistent with the objectives of the sale and fair play to
all bidders.
As is expected at auctions, premiums are allowed. Rules of other persons and/or counties will not apply in
Douglas County.
A parcel will be subject to open bidding and
the taxes will be sold to that person "who shall further pay the
largest amount in cash in excess of said taxes, penalty, interest and costs." On taxes of $500 or less,
premium bids will be in $5.00 increments. On taxes of $501 and up, premium bids must b
e in increments
of $10 or more.
The auctioning will fairly provide all bidders present and qualified the opportunity to compete in an open
bidding procedure. No parcel will be passed until after further bidding has been refused twice. Parcels not
bid on
during the sale will be struck off to the County at the
conclusion of the Tax Lien Sale
(C.R.S. 39
-
11
-
108[III]).
The sale position number, tax schedule (parcel) number, and total dollar amount of each parcel will be
read only once by the auctioneer. Al
l successful bids are final. No changes in, or cancellations of, parcels
will be made after the parcel has been sold.
Pursuant to Colorado state statutes, all Special and Local Improvement District assessments will be listed
and sold with any applicabl
e ad valorem taxes.
Once a bidder ceases to purchase
i.e., closes out their account and pays for their purchases, should
he/she wish to purchase additional tax liens, they must re
-
register, using the same bidder number from
their original registration
to reactivate their account.
Insofar as possible, the day will be used entirely to conduct the Tax Lien Sale. There will be a 15
-
minute
break in the morning and, if necessary, a 45
-
minute lunch break and 15
-
minute afternoon break. Should it
be necess
ary, the Tax Lien Sale will be reconvened the following business day.
Anyone desiring to bid on specific parcels other than through the bid process must apply at the
Treasurer's office no later than November 2 and must provide proof of legal interest in
such property.
Disclaimer:
Purchase of a tax lien should be considered, first and foremost, as a loan to the property
owner at the specified annual rate of interest with the property as collateral for that loan. It is not within
the investor’s purvie
w to notify the property owner of the lien or to try to encourage the property owner to
redeem the tax lien.
It is the purchaser's responsibility to determine the status of any property offered at tax lien sale. Any
purchase of a tax lien is done at the p
urchaser's own risk. Particular attention should be given to those
properties in bankruptcy; under the control of the Resolution Trust Corporation (RTC), the Federal
Rogue Tax Sale Investor
-
190
-
Deposit Insurance Corporation (FDIC); those affected by the Drug Enforcement Agency (DEA);
and any
properties which may have a special improvement assessment or may be located in a special district
which may be in financial distress. The purchase of a tax lien on these properties could result in a loss of
interest. Any applicable federal laws o
r regulations and/or special concerns regarding any special
assessments take precedence over the rights of a tax lien purchaser.
If you have any questions regarding your rights as a purchaser of a tax lien, you should consult an
attorney.
Every effor
t has been made to determine which properties are in conservatorship or receivership of RTC
or FDIC. Any properties discovered subsequent to sale which are so owned will be considered an
erroneous sale by this office, if prior permission to include in sale
has not been received from RTC or
FDIC.
In the event of an abatement or tax roll correction on any parcel subsequent to its sale, redemption
interest will be based on the reduced statutory rate (C.R.S. 39
-
12
-
111).
Douglas County Department of Planni
ng and Community Development encourages potential purchasers
to research the status of land, as it may or may not be suitable for development due to zoning restrictions,
natural or man
-
made hazards.
Certificates:
The Certificate to be issued on a success
ful bid will be in the statutory form, showing the
lawful rates of interest (for the life of the certificate), the legal description, purchase amount, and buyer's
name (as entered on the registration form), and the date of the Tax Lien Sale. Certificates w
ill not be
issued in a name other than the name or names on the registration form. The names on the registration
forms cannot exceed
40
characters total.
The holder of original tax lien certific
ates may, if they wish, endorse
i.
e.,
pay taxes for subseq
uent
years,
until the certificate is redeemed. Information on subsequent endorsements will be sent out from the
Douglas County Treasure
r's office in August. Original c
ertificates will be held at the Douglas County
Treasurer's office unless otherwise reques
ted by the purchaser. Original certificates not retained by us
must be returned to the Douglas County Treasurer's office for endorsement or redemption.
Interest:
Interest begins on the date o
f sale in October/November and
June 16th thereafter. The per
an
num rate of interest for Tax Liens will be set by the State Banking Commissioner on September 1 and
that per annum rate will remain fixed at that rate for the life of the Certificate.
Premiums on bids are not refundable nor do they earn interest.
(1b) T
ax Sale Proceeding
http://www.douglas.co.us/treasurer/Tax_Sale_Proceedings.html
The tax lien sale begins at 9:00 a.m. and continues until all tax liens are offered. The sale is
conducted as
an open auction to the highest bidder.
To facilitate the bidding procedure, each tax lien is initially offered in number sequence, for the amount of
taxes, interest, and fees. The tax lien is sold to the bidder who pays the largest amount. O
n taxes of $500
or less, premium bids will be in increments of $5.00 on taxes of $501 and up, premium bids must be in
increments of $10 or more. Premium bids are bids in excess of the taxes, interest, and fees. All premium
bids made are at the investor's e
xpense and will not earn interest.
Any parcel not bid on during the sale will be held open for purchase in the Treasurer's office until the
following day, after which it will be struck off to the County.
Seating is on the basis of arrival with no reserve
d seats. The doors of the sale room open at 7:30 a.m.
There will be absolutely no transferring of purchases from one name to another after bidding is made. If
you wish to transfer the certificate, assignment can be made after the certificate of purchase i
s received.
Rogue Tax Sale Investor
-
191
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The sale is conducted as rapidly as possible, consistent with the objectives of the sale and fair play to all
bidders.
Prohibited Bidders
: No County official, employee, immediate family member, or person acting as an agent
for same, may parti
cipate in the tax lien sale.
(1c) Money Matters
http://www.douglas.co.us/treasurer/Money_Matters.html
We no longer require funds on deposit to purchase liens at our Tax Lien Sale.
x
A
ll bids must be covered by certified funds, or personal checks
,
at the conclusion of the sale or upon
investor checkout.
x
A bidding number must be obtained before buyer can begin bidding process.
x
It is the responsibility of the buyer to monitor purchases
and keep track of available funds.
x
Upon completion of the Tax Lien Sale or bidder termination, the buyer must proceed to the
Treasurer's Office for check out and payment of purchases.
x
Failure to pay for purchases and checks returned for insufficient fund
s will result in the loss of the
liens purchased.
x
In the event of an abatement or tax roll correction on any parcel subsequent to its sale, redemption
interest will be based on the reduced statutory rate. The current interest rate is 8%.
(1d) Pre
-
Sale In
formation
http://www.douglas.co.us/treasurer/Pre
-
Sale_Information.html
x
Persons interested in investing in tax liens to be s
old should send $2.00 (postage and
handling),
along w
ith their name and address in order to be placed on the investors' mailing list. An advertising
list is included in the mailing.
x
Pre
-
registration is hi
ghly recommended
it
will save both the Treasurer's staff and the buyer time on
the morning of the sale
. In order to pre
-
register, the buyer will need to fill out a pre
-
registration form
and send it to this office prior to the sale. Click here for a printable Pre
-
registration form
(
http://www.douglas.co.us/treasurer/documents/Tax_Sale_Registration.pdf
)
or one can be obtained
from the Treasurer's office upon request.
x
The I
.
R
.
S. now requires all County Treasurers to report income earned through tax lien investments.
Theref
ore, W
-
9 forms
(
http://www.douglas.co.us/treasurer/documents/fw9.pdf
)
will be available at the
tax sale and should be completed fully before investors bid.
x
Anyone wanting to bid on spec
ific parcels other than through the bid process must apply at the
Treasurer's office at least one day prior to the tax sale and must provide proof of legal interest in such
property.
x
Property tax liens to be sold at sale are generally advertised in Octobe
r.
x
Property tax liens are advertised once a week for three consecutive weeks and will be sold in tax
schedule number order.
x
Advertisement is made in a general circulation newspaper in Douglas County.
x
Updated advertising lists, which record all property
taxes paid prior to sale, are available for
inspection at the office front counter.
(1e) After the Sale
http://www.douglas.co.us/treasurer/After_The_Sale.html
Subsequent Years' Taxi
ng
After June 15 of each year, all tax lien sale certificate holders have first option to pay any subsequent
years' taxes which remain unpaid on properties for which they hold liens. These tax liens are endorsed on
the original certificate at the same gua
ranteed rate of return. Information is mailed to the investor around
the first week of August for subsequent payments.
A Treasurer's
deed (
http://www.douglas.co.us/treas
urer/documents/Treasurers_Deed_App.pdf
)
may be
issued three years from the original date of sale on a Certificate of Purchase. Certificate holder must:
Rogue Tax Sale Investor
-
192
-
x
Surrender original certificate
x
Complete treasurer's deed application form
x
Remit appropriate deed fee
s
Deed application involvement:
x
Property owner of record is notified of deed application and given two weeks to redeem before
deed procedures start.
x
At this point, if the certificate has not been redeemed, the certificate holder will be notified that
a
$500 deposit is required to continue deed application. No interest is earned on the deposit.
x
Remittance of $500 deposit covers:
1.
advertising fees
2.
certified mail fees
3.
title search fee
4.
miscellaneous legal fees
x
Current year assessed taxes and any subse
quent tax liens should be paid prior to issuance of
deed, however, it is recommended that at least the current year assessed taxes be paid. If
redemption is made before deed issuance, all redemption money and deposits will be returned to
the investor.
(1
f
) Investor’s Guide to the Annual Tax Sale
http://www.douglas.co.us/treasurer/Investors_Guide.html
Location: 100 Third Street, Philip s. Miller Building, Commissioners Hearing Room, C
astle Rock, CO
Tax Lien Registration:
If you are pre
-
registered, proceed directly to a check
-
in station in the Treasurer's
Office. If you are not pre
-
registered, go to Conference Rooms A & B to fill out t
he registration
(
http://www.douglas.co.us/treasurer/documents/Tax_Sale_Registration.pdf
) and W
-
9 form
(
http://www.douglas.co.us/treasurer/documents/fw
9.pdf
).
Once completed, take the forms to the
registration desk.
When you have completed registration, and received your parcel listing booklet and bidder's number card,
you may proceed to the Commissioner's Hearing Room at any time prior to 9:00 a.m.
Remember
: Your
bidder number card is your i.d. as a registered buyer.
Refreshments will be available in Conference Rooms A & B, as well as an updated property listing. The
conference room and the Treasurer's office will have public access to computers to
research prospective
tax lien sale properties.
Tax Lien Auction:
Sale begins at 9:00 a.m. Purchases include all taxes, advertising, penalty, and any
premiums bid.
It is the responsibility of the buyer to monitor purchases and track available funds.
Inabil
ity
to pay for purchase will result in loss of bidder status and liens purchased. Liens not paid for will be re
-
offered to eligible bidders.
Check
-
Out at Treasurer’s Office, Where You Registered:
All registered buyers must return bidder
number card to a c
heck
-
out clerk. Present your bidder number to check
-
out clerk. You will receive a print
-
out of your purchases and account balance. Please review carefully, and make paymen
t for said
purchases.
(2) Additional Resources
http://www.douglas.co.us/treasurer/Tax_Lien_Sale_Information.html
(2a) Treasurer’s Deed Application:
http://www.douglas.co.u
s/treasurer/documents/Treasurers_Deed_App.pdf
Instructions and forms to apply for a Treasurer’s Deed.
Rogue Tax Sale Investor
-
193
-
(2b) County Held Lien List
http://www.douglas.co.us/treasur
er/documents/CountyHeldLiensList1_08.pdf
List of current tax liens not sold at the tax lien sale and struck off to the county
. Updated January 2008.
ROGUE INVESTOR NOTE
: The
county
-
held lien
list
is available on
the data
CD that accompanies this
book (
within the file folder “Tax Sale Lists”).
(2c) County H eld Assignment Application
http://www.douglas.co.us/treasurer/documents/County_Held_Assign_Request.pdf
Fo
rm to apply for assignment of a county held lien
.
(2d) Tax Sale Registration Form
http://www.douglas.co.us/treasurer/documents/Tax_Sale_Registration_Form.pdf
Pr
e
-
Register for the Tax Lien Sale
(2e) W
-
9Form
http://www.douglas.co.us/treasurer/documents/fw9.pdf
Printable W
-
9 form
(2f) Tax Sale Seminar Presentation
http://www.douglas.co.us/treasurer/documents/Tax_Sale_Presentation_2007.swf
Tax Lien Sale Seminar
informational presentation
EL PASO COUNTY, COLO
RADO
http://www.elpasoco.com
TREASURER’S OFFICE
http://trs.elpasoco.com/default.asp
Real property and manufactured home unpaid taxes are enforced through the annual tax lien sale with
the Treasurer bec
oming the agent through
whom
the lien is paid.
Sandra Damron, Treasurer
27 E. Vermijo Avenue
Colorado Springs, CO 80903
Phone: (719) 520
-
6666
Email:
trsweb@elpasoco.com
(1) Tax Lien Sale Procedures
http://trs.elpasoco.com/NR/exeres/EBE390F2
-
ED28
-
4177
-
AAED
-
E239D648CDB9
Real property and mobile home delinquent taxes are enforced through the annual tax lien sale.
P
lease
note
dates are subject
to change.
Date, Time, Location:
The sale of El Paso County's unpaid taxes and special assessment liens was held
on October 30, 2007 and October 31, 2007
.
Our next tax lien sale will be held on October 28, 2008 and
October 29, 2008
.
(Dates subject to change.) The sale will be conducted at the following location:
El Paso County Office Building
27 East Vermijo Avenue
,
3rd Floor
Colorado Springs, CO 80903
Rogue Tax Sale Investor
-
194
-
Deposits:
All bids must be covered by cash or certified funds made payable to
t
he El Paso County
Treasurer.
Electronic fund transfers (wires) will be accepted if the money is received in our office two
business days before the tax sale.
Early deposits are encouraged.
Buyer deposits may be mailed to, or
made in the Office of the Count
y Treasurer, 27 East Vermijo Avenue, First Floor, Colorado Springs,
Colorado
80903.
Buyers must indicate in writing whether they
Do
or
Do Not
desire to participate in the
automatic rotation selling at the time their deposit is made. See "Required Forms" in
the "Buyer
Information
" section.
Buyers do not need to be present to participate in the automatic ro
tation selling.
See
"Buyer Information" for additional procedures.
Except as stated above for electronic fund transfers, deposits must be received prior
to 11 a.m. on
October 28, 2008 for inclusion in the automatic rotation selling which will begin promptly at 1 p.m.
Once
the automatic rotation selling begins no deposits will be allowed un
til that process is completed.
During
the automatic rotation sellin
g once a buyer's deposit amount is expended, that bidder number will no
longer be considered. If the amount of the lien exceeds the available balance, the bidder number will be
skipped.
Deposits for open bidding will again be accepted after the conclusion
of the automatic rotation
selling the afternoon of October 28, 2008 and at 8:30 a.m. on October 29, 2008.
Deposits must be made in the name which will appear on the t
ax lien certificate.
Transfers of deposits or
purchases from one account to another will
not be permitted during or immediately following the sale.
In the open bidding categories it is the buyers' responsibility to monitor their purchases to avoid
overspending. All remaining unexpended funds will be refunded as quickly as possible after the
close of
the sale.
Seating:
Seating for the open bidding portion of the tax sale is limited and reserved for registered buyers.
We ask that observers move to the back of the room or outer corridor. Children younger than 16 years old
are discouraged from
attending. Buyers only need to be registered and have made their deposit to
participate in the automatic rotation selling.
Buyer
Information
:
Only one bidder card will be issued per buyer. Each buyer must be registered and
have funds on deposit to part
icipate in the sale. Each buyer participating in the open bidding categories
must pick up his/her own bidder card on tax sale day. The Treasurer reserves the right to limit buyer
numbers issued to any individual or agent. Each buyer is required to complete
an Internal Revenue
Service form W
-
9 with name, address, and social security number or federal tax identification number,
buyer registration and automatic rotation selling author
ization form. See forms below.
Bidder numbers for
new buyers will be assigned
only after the completed forms are submitted with a deposit. Bidder cards
are issued on the day of the open bidding sale. If the buyer does not desire to participate in the automatic
rotation selling, written notice must be given at the time deposit is ma
de.
Required forms
x
IRS Form W
-
9:
http://trs.elpasoco.com/NR/rdonlyres/D9D4B865
-
8B68
-
46BE
-
87C4
-
963DA753D152/0/w9.PDF
x
Buyer Regi
stration Form:
http://trs.elpasoco.com/NR/rdonlyres/02649421
-
8F81
-
48A9
-
912E
-
36305B206038/0/BuyerRegistrationForm.pdf
x
Automatic Rotation Selling Authorization Form
:
http://trs.elpasoco.com/NR/rdonlyres/03F154E5
-
DF51
-
431C
-
B5CE
-
10F5A6097BBD/0/ARS_auth_dep_allocation.pdf
Buyers who have purchased ta
x liens at prior sales
do not need to register again.
Any changes to existing
buyer information must be provided annually. Buyers are responsible to assure that the information on
their registration is correct and current. Tax lien sale certificates, refun
d checks, redemption checks, and
1099 interest forms are prepared from this information. Before leaving the sale all bidder cards must be
returned to the Treasurers Office.
Disclaimer
:
It is the buyers' responsibility to know the quality of the property o
n which they are paying the
taxes and receiving a lien. Buyers must rely entirely on their own information, judgment, and inspection of
the property records.
Rogue Tax Sale Investor
-
195
-
Sale Procedures:
Each parcel will be offered in compliance with Title 39, Article 11, of the Colo
rado
Revised Statutes. To facilitate the sale procedure, parcels which are contiguous or contained within one
subdivision may be combined and sold as a group.
The base (minimum) amount for each tax lien is comprised of the unpaid ad valorem tax, special
assessments, late payment interest, collection fees, advertising cost, and other fees.
The tax liens will be separated into categories to facilit
ate the sale.
The sale will officially commence on
October 28, 2008 and conclude on October 29, 2008.
All s
ales are final.
Automatic Rotation Selling, October 28, 2008 at 1 p.m.
x
Category Two
will contain the liens for a single property or multiple properties where the total amount
of the lien is greater than $100.00 and less than or equal to $2,000.00.
x
Bu
yers do not need to be present to participate in the autom
atic rotation selling.
Buyers must be
registered and have sufficient funds on deposit by 11 a.m. on October 28, 2008
, to be considered.
If
buyers do not want to participate in the automatic rotation
selling, they must so state in writing at
the
time their deposit is made.
Once the sale starts, no deposits will be allowed until after the compl
etion
of the rotation selling.
At
3:00
p.m., reports which list the liens sold to
each buyer will be available
.
Buyers who do not pick up their reports on that day will receive the reports when they pick up their
bidder cards on October 29, 2008
.
Any reports not picked up by October 29, 2008 at the conclusion
of the sale will be mailed out.
Open Bidding, October
29, 2008 at 9 a.m.
x
Category One
will contain the liens where the total amount of the lien is less than or equal to $100.00.
x
Category Three
will contain the liens for a single property or multiple properties where the total lien is
greater than $2,000.00
.
x
Category Four
will contain the liens for properties with alert information. The alert information is a
good faith effort to share known information with prospective tax lien sale buyers. It is not all inclusive.
The Treasurer and the County are unable t
o warrant the alert information or lack of alert information.
The tax lien sale buyer participates at his or her own risk.
Make sure you kn
ow what you are bidding on.
All sales are final.
These liens will be offered for general (open) bidding and will
be sold to the buyer who pays the largest
bonus (premium) bid in excess of the minimum amount.
The sale process is subject to change depending on the number of tax liens available.
For all open bidding the sequence index number and the base (minimal) am
ount of each parcel or unit will
be read only once. All successful bids are final (assuming the buyer has sufficient monies on deposit). No
changes in, or cancellation of, parcels purchased can be made after the lien is sold.
The sale will be conducted a
s rapidly as possible, consistent with the objectives of the sale and in
fairness to all buyers. We may recess for lunch at around noon or choose to continue until the sale is
concluded.
Any announcement of adjournment or reconvening will be made at the s
ale.
Rules for General (Open) Bidding:
Tax liens will be sold to the person who shall pay in addition to the
lien amount a bonus (premium) bid. Bonus (premium) bids are not returned or recovered when a tax lien
is redeemed (cured).
Bonus Bids
:
Minimum b
ids and bid increase increments are as follows:
Rogue Tax Sale Investor
-
196
-
x
Categories 1 and 4 will not be less than $1.00 and after reaching $5.00 will be increased by
increments of $5.00 to $20.00. After reaching a bonus bid of $20.00, the amount will be increased
by increments o
f $20.00.
x
Category 3 will start at $20.00 and increase in increments of $20.00.
Record of Purchase:
A tax lien sale certificate of purchase will be issued for each property and will be in
the statutory form stating the property description, purchase a
mount, rate of interest, buyer name as
shown on the regis
tration, and the date of sale.
Certificates are assignable; however, no assignments will
be permitted until 10 business days after the sale. If delinquent taxes occur in the future, the certificate
h
older may endorse the amount of delinquent taxes and lawful charges onto his/her certificate until
redemption.
Redemption Interest:
Interest begins to accrue from the month the certificate is issued. The interest
earned is calculated based on the intere
st rate and the number of months up to and including the month
of redemption. There is no compounding. The interest rate for tax lien sale certificates of purchase in
2008 will be determined in September 2008.
Prohibited Buyers:
El Paso County officials
or employees or their immediate family or agents may not
participate in the purchase of liens.
General Information:
It must be understood that the sale and purchase of the tax or special assessment
lien at a tax lien sale does not, as it might under s
imple sales and purchase agreements, convey the right
of possession, use, improvement, or access to the property. The buyer is issued a tax lien sale certificate
of purchase on which he/she is entitled to interest. The lien may be redeemed by the property
owner, any
person having a legal or equitable claim or by the agent of either party at any time prior to the issuance of
a Treasurer's tax deed. A Treasurer's tax deed cannot be issued prior to the third anniversary of the tax
lien.
The certificate holde
r has the right to pay (endorse) subsequent year's taxes and lawful charges once
they become officially delinquent. If a certificate holder chooses to endorse, the amount will be added to
the existing tax lien. Endorsement information will be mailed to all
eligible certificate holders in early July.
If the lien remains unredeemed (not cured) and becomes eligible for a tax deed, the certificate holder
must make application to the Treasurer in order to initi
ate the process. The procedural
requirements
norma
lly take nine to twelve months to accomplish. An extension of the time period may occur when there
are complex problems related to the property. Deed applications may be made four calendar months prior
to the third anniversary date of the certificate. When
application is made, monies must be deposited to
pay all related deed expenses. The deed application processing costs are recoverable if the property is
redeemed; however, no redemption interest is earned on deed expenses. Prior to receiving a Treasurer's
tax deed, all subsequent taxes, special assessment liens, and current taxes must be paid. El Paso
County makes no guarantee for the condition or marketability of any property which is acquired through a
Treasurer's tax deed.
Wrongfully Sold L
ien:
If a l
ien is wrongfully sold and the County must pay the certificate holder the
redemption interest, the rate will be calculated as set forth in Section 39
-
12
-
111, Colorado Revised
Statutes.
Publicati on Information:
Publication information will be announced a
t a later date.
The link to the list of unpaid 2007 taxes for the 2008 tax sale will be available beginning October, 2008 on
our web site:
The list will be updated periodically for accounts that are paid.
Rogue Tax Sale Investor
-
197
-
Contact Information:
Inquiries may be dir
ected to:
El Paso County Treasurer
P.O. Box 2007
Colorado Springs, CO 80901
-
2007
Telephone
:
(719) 520
-
6666
E
-
mail:
trsweb@elpasoco.com
Web Site:
http://trs.elpasoco.
com
(2) County Held Tax Liens
http://trs.elpasoco.com/NR/exeres/38AAE623
-
0C0F
-
4EFD
-
9424
-
E9924FBED363,frameless.htm
The El Paso County held tax lien
list consists of tax liens not purchased by investors at the public auction.
These liens are available for assignment by submitting a written request to the El Paso County
Treasurer's office. You are advised to research, and if possible, accomplish a site
inspection of any
parcel(s) prior to submitting an assignment request. It is your responsibility to determine if the property
you are requesting the tax lien assignment on is worth your investment.
Parcel numbers beginning with 99000 or 99001 are for seve
red mineral interests.
Public record property information and parcel maps are available on the Assessor's website at
http://land.elpasoco.com
.
If you have additional questions, you may contact our office at (719)
520
-
6670.
List of County Held Tax Liens:
http://trs.elpasoco.com/NR/rdonlyres/9C097F6C
-
055F
-
47A1
-
A597
-
2D1C7DCC6AFD/0/COUNTYHELDTAXLIENS.TXT
ROGUE INVESTOR NOTE
: The list of county held tax liens
is available on
the data CD that accompanies
this
book (within the file folder “Tax Sale Lists”)
.
(3
) Frequently Asked Questions: Real Property Tax Lien Sale Information
http://trs.elpasoco.com/faqlien.asp
How often are tax lien sales held?
The auction for real property tax liens is held once a year.
How many property tax liens
did you list for sale?
(2006 taxes payable in 2007
)3,
802
Ho
w many parcels are taxed in your county?
(2006 taxes payable in 2007
)
214,614
How many of the tax liens l isted were paid prior to your sale?
1,
576
How many liens were sold?
2,023
How many buyers participated in your sale?
409
How many liens remai
ned held by the County?
137 (121
real estate parcels and
16
mineral rights)
What was the total amount of liens sold?
$3,107,231.83
What was the interest rate for liens purchased in 2004?
15
%
When will your next tax lien sale be held?
Automatic R
otation Selling: 10/28/08; Open Bidding:
10/29/08 (Dates subject to change)
When and where are tax lien sales advertised?
To be determined.
May I send a representative to the sale to bid for me?
Yes. However, only one bidder card per person
present is a
llowed.
Rogue Tax Sale Investor
-
198
-
How and when do I register for the tax lien sale?
You may pre
-
register beginning one week prior to,
and up to the date of the sale. You may also register the morning of the sale. In order to register you must
complete a W
-
9 (Internal Revenue Serv
ice
;
http://www.irs.gov/pub/irs
-
pdf/fw9.pdf
) a Buyer Registration
Form
(
http://trs
.elpasoco.com/NR/rdonlyres/02649421
-
8F81
-
48A9
-
912E
-
36305B206038/0/BuyerRegistrationForm.pdf
)
, and Automatic Rotation Selling Authorization and
Allocation of Tax Sale Deposit Form
(
http://trs.elpasoco.com/NR/rdonlyres/03F154E5
-
DF51
-
431C
-
B5CE
-
10F5A6097BBD/0/ARS_auth_dep_allocation.pdf
)
and remit your deposit. Only one bidder number per
SSN or TIN will be assigned. Buyer numbers will not be
assigned until a deposit is made.
What type of payme nt is required to partici pate in the sale?
All bids must be covered in advance by
cash or certified checks made payable to
The El Paso County Treasurer.
Electronic Fund Transfers
(wires) will be accept
ed if the money is received in our office two business days before the sale.
If the pr operty tax lien is not redeemed (cured) wi thin the three year minimum redemption period,
what do I do?
You may make application four months prior to the third annivers
ary date of the certificate
for a tax deed. The present processing cost is estimated at three hundred fifty dollars and the processing
time window is nine to twelve months.
What do I receive from a tax deed?
The issuance of a valid tax deed creates new
title to the property.
The recipient should establish his/her interest in the property through a suit to quiet title.
Can a tax deed be challenged?
Yes, an owner or party of interest may bring an action within five years
of the date of issuance to set
aside a tax deed. If a person is under legal disability at the time of execution
and delivery of a tax deed, such person has the right to make redemption of the property within nine
years from the date of the recording.
What governs tax sales in your c
ounty?
Colorado Revised Statutes, Title 39, Section 10, 11, and 12.
ROGUE INVESTOR NOTE:
See web page for
additional
questions and answers.
(4
) Redemption Statistics
http://trs.elpasoco.com/redmstats
.asp
Redemption statistics for sale dates
November 19
, 199
7 through October 30
-
31, 2007.
JEFFERSON COUNTY, COLORADO
http://co.jefferson.co.us
TREASURER’S OFFICE
http://www.co.jefferson.co.us/treasurer/index.htm
Faye Griffin
100 Jefferson County Parkway
Golden, CO 80419
Phone: (303) 271
-
8330
Email:
ckirby@jeffco.us
(
1
) Frequently Asked Questions
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R24.htm
Do I lose my pr operty if it goes through the tax sale?
No, you still have an additional three years
before the tax l
ien sale buyer can apply for a deed to the property. However, the interest rate determined
for that year will accrue to the date of payment. After three years from the date of sale, if the tax sale
buyer applies for the deed to the property, the owner is n
otified and given a last chance to pay the taxes.
Rogue Tax Sale Investor
-
199
-
(2
) Important Dates
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R18.htm
July 15:
If a lien has been sold for un
paid prior year tax, the tax buyer will be allowed to pay current tax
thus adding to that lien certificate. To avoid this, your payment must be received by this date. This is
called the endorsement process.
September:
Real and personal property taxes that
remain unpaid will be listed in a newspaper
publication four weeks prior to the tax lien sale and advertised for three consecutive weeks. The first
publication is printed mid September.
October:
The annual tax lien sale is held in October.
(3
) Tax Lien
Sale
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R9.htm
Internet Tax Sale, October
25
-
29, 2007
.
The sale will be held at
www.sri
-
auctionsonline.com
.
Auction Format:
The tax lien sale will be held as an Internet auction administered by SRI Incorporated.
Tax liens available for bid will be listed on the SRI web site
www.sri
-
a
uctionsonline.com
beginning
October 25, 2007 at 9 a.m.
Bidding will close hourly in batches of appr
oximately 200 liens per batch.
Ea
ch page is considered a batch.
The first batch (page one) will close at 8 a.m. Mountain Time on
October 29, 2007 and contin
uing closing each hour until 8 p.m.
The bidding rules will be posted at least
two weeks before the be
ginning of the actual auction.
Two computers will be available for us
einthe
Treasurer main lobby.
Questions regarding the operation of the auction should
be addressed to SRI at 1
-
800
-
800
-
9588.
Registration:
All Bidders must register with both the Jefferson County Treasurer’s Office and the auction
provider SRI in order to par
ticipate in the Tax Lien Sale.
Once a bidder has registered with both parties,
th
e Jefferson County Treasure’s Office will inform SRI that the bidder is approved to start bidding;
this can
take up to 24 hours.
Registration will take place from October 15, 2007 through October 23, 2007.
Registration closes at 5 p.m. Mountain
Time on Oct
ober 23.
No registration will be allowed after October
23, 5
:00
p.m. Mountain Time.
Registration with Jefferson County involves a two step process. First, one must fully complete the
Registration P
rocess on our secure Web site.
This is the only way to reg
ister with Jefferson County
.
Hard
copies mailed or faxed to the county will not be accepted as registration.
Fill out the registration form on line, fill out the W
-
9 form and print it.
Next, you must either mail or fax in the completed W
-
9 (name, add
ress, social security or employee ID
number, sign and date it) form along with your voided check (deposit slips are not accepted) for the
account to be charged for all winning bids to:
Jefferson County Treasurer
100 Jefferson County
Parkway
Golden, CO 80
419
303
-
271
-
8359 (fax)
Bidders are responsible for seeing that the information supplied on all registration forms is legible and
correct and that the name supplied on these forms is the same since the Certificates of Purchase are
prepared from this inform
ation. Each Bidder will bid an
d purchase in the name listed.
Bidders must
register with the same name when registering with Jefferson County Treasurer and SRI.
Information for registration with SRI can be found on its Web site
www.sri
-
auctionsonline.com
.
At this
page, scroll to the bottom and click on the dates for the Jefferson County
tax sale.
This link will direct you
to a page where you must first become a SRI member if you have not
partici
pated
in pri
or tax lien sales.
If
you are a member from previous years, you may reuse your member Id and must register for the event
only.
Rogue Tax Sale Investor
-
200
-
To become a SRI memb
er, you must create a member Id,
a name which will be shown as your buyer
name during the tax sale. After ent
ering a member ID and all other requested information and completing
the registration, you will receive a password for
event registration via email.
Once you have this
password, you must register for the tax sale event, again enterin
g your member ID and pa
ssword.
For
any questions regarding this site, please contact SRI staff directly at 1
-
800
-
800
-
9588.
No one will be allowed to bid until all the registration requirements have been completed and verified.
Payment for all winning bids will be made by autom
atic withdrawal from the bidder's U.S. checking
account to Jefferson County at the conclusion of the auction. This is the only form of payment accepted.
Payment transfers that are rejected due to lack of funds or other reasons may result in cancellation of
the
corresponding bid(s) subject to CRS 39
-
11
-
116.
Starting with the 2007 tax lien sale, all tax lien certificates will be kept
in safekeeping at our office.
With
the certificates retained at the Treasurer's office, you will receive your payment
faster a
fter the lien is paid.
This will allow you to endorse the certificates without having to find them a
nd mail them in to the office.
At
the end of the sale, you will be emailed a list of the tax lien certificates you have purchased.
Sale:
Liens will be offe
red in three sections: improved property, vacant land and unbuildable strips.
The sequence will be in schedule number order per the t
hree sections mentioned above.
Property owners
will be able to pay their taxes and avoid having them go to the sale throug
h October 24, 2007
.
After this
date, all properties will be sold.
The tax schedule number and total tax lien dollar amount of each lien will be
displayed on the auction
site.
All successful bids are final. Once a bidder
has placed a bid amount, it cannot
be lowered or
cancelled.
No changes in, or cancellation of a purchased lien will be made after a bid has been made on
a lien or the item has closed.
Overview:
Delinquent real property taxes go to tax lien sale in the fall of each year. At the tax lien sa
le,
investors pay the delinquent amount due on a property, which grants the investor a lien on the property.
The property owner has three years to redeem the tax lien before the investor is eligible to apply for a
Treasurer's Deed on the property. In add
ition to the amount of the delinquent taxes, the property owner
pays an interest charge which is credited to the tax lien investor.
The tax lien sale enables the Treasurer's office to collect virtually all tax dollars for each government
entity in a timel
y fashion. Tax liens can also be an excellent addition to an investor's portfolio.
Descripti on:
The tax lien sale is the final step in the Treasurer's efforts to collect taxes on real property.
A tax lien is placed on each property in the county on Januar
y 1 each year and remains unt
il the property
taxes are paid.
If the property owner does not pay the taxes on their property by late October, the county
sells the tax lien at the yearly tax lien sale. The tax lien is auctioned to the highest bidder, who the
n
becomes the tax lien certificate holder.
The tax lien sale allows the taxing authorities to receive their budgeted revenue without having to wait for
the delinquent taxes to be collected. It also offers an investment opportunity to the general public, w
ho
may purchase tax lien certificates and earn a potentially attractive interest rate.
Colorado Statutes set the interest rate at nine percent above the federal discount rate to member banks
on September 1 of each year. Tax certificates sold at the 2006 s
ale bear an interest rate of 15 percent
annually. The initial interest rate holds for the life of the tax lien certificate.
Often, the successful bidder must pay a premium price above the amount of the delinquent taxes in order
to purchase the tax lien ce
rtificate. The premium is not paid back.
Interest is earned on the face amount of the certificate, which does not include any bidding premium paid,
from the date of the sale to the date that the property owner redeems the certificate by paying the
delinqu
ent taxes, interest and costs.
Rogue Tax Sale Investor
-
201
-
The property owner may redeem the property from the tax lien certificate holder at any time, from the day
of the sale right up to the day that a tax deed would be issued.
If the property owner does not redeem the property
(pay the delinquent taxes), the tax lien certificate
holder can pay the required costs and fees and apply for a Treasurer's Deed after three years.
Per Colorado State Statute 39
-
11
-
151, county officials and employees may not acquire land by tax sale.
I
nformation about the tax lien sale is presented at the Pre
-
Sale Seminar held each fall (select the "tax lien
seminar" button in the tax lien sale drop box).
ROGUE INVESTOR NOTE
: See web page for tax sale statistics.
(4
) Tax Lien Seminar
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R10.htm
Faye Griffin, Jefferson County Treasurer, will hold a Tax Lien Sale Seminar at 7:00 p.m.
on Thursday,
October
4, 2007 in Hearing
Room One of the Jefferson County Administration & Courts Building. Th
e
seminar is designed for first
-
time tax lien buyers interested in learning about the potential of this type of
investment.
The Administration & Courts Building is located at 100 Jeffers
on County Parkway in Golden, Colorado
(
http://www.co.jefferson.co.us/maps.htm
). Reservations are not
required. Seating is on a first
-
come basis
and the doors will open at 6:30 p.m.
The Powerpoint pre
sentation from the 2007
seminar are available below.
Please be patient downloading
the presentation, as this may take several minutes due to the large file size.
Download Jeffco's Tax Lien Sale Powerpoint presentation
:
http://www.co.jefferson.co.us/jeffco/treasurer_uploads/2007_tax_lien_sale.ppt
For further information, contact Charlene Kirby at 303
-
271
-
8336, or email Charlene at
ckirby@jeffco.us
.
(5
) View Maps of Tax Lien Properties
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R11.htm
(6
) County Held Certificates
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R13.htm
The Creation of County Held Certificates:
While almost all of the tax liens are purchased by investors,
there are some that are
"struck off" (or sold) to the County during each sale. These "county held"
certificates tend to be on unbuildable strips or parcels of land of minimal value. These liens are available
to anyone, other than county employees or their families, who may wish t
o purchase them.
Researching County Held Certificates:
Purchasing tax lien certificates is a "buyer beware" proposition.
We strongly advise that you conduct due diligence in researching a certificate before having it assigned to
you. Care should be taken
when evaluating these liens. The two
-
acre lot in Evergreen that looks like a
bargain may turn out to be a parcel three feet wide and five miles long running along the side of a road,
for example.
The Treasurer's Office maintains a book with copies of all
the tax lien certificates held by Jefferson
County. You may examine this book at the Treasurer's Office during regular business hours. You may
also download a list of the schedule numbers and certificate amounts, as described in the "download list"
section
below. You will need to research legal descriptions using maps and records available through the
Assessor's Office. You may also want to go to the property and see it for yourself before making a
decision.
Purchasing County H eld Certificates:
In order to
purchase a county held certificate, you must pay the
county the value of the certificate plus a $4.00 assignment fee. You will be required to sign an affidavit
Rogue Tax Sale Investor
-
202
-
verifying you understand that merely holding a tax lien certificate does not give you any legal
rights to the
encumbered property. You will also need to provide the exact name you wish to appear on the certificate,
your social security number and correct mailing information. The Treasurer's Office will then submit a
resolution to the County commissi
oners requesting approval of the assignment (or purchase). Upon
approval, you may either have the Treasurer's Office hold the certificate in safekeeping, or send it to you
via certified mail.
A file listing these certificates can be viewed online by click
ing here
:
http://www.co.jefferson.co.us/jeffco/treasurer_uploads/county_held_liens1107.txt
. The file will
be updated
from time to time;
it does not change ver
y often. Headings that describe the information are contained at
the front of the file.
Treasurer's Deeds:
Certificates are eligible for a Treasurer's Deed application after the lien has
remained unpaid for three years from the date of the original sale.
There is a $
400
.00 deed application
fee and the process takes approximately 6 months.
Download List:
As of November 23, 2004, there were 688 county held certificates. The current list can
viewed in the Treasurer's Office during regular business hours, and
a file listing these certificates can be
downloaded.
ROGUE INVESTOR NOTE
:
The list
of county
-
held certificates
is available on
the data CD that
accomp
anies this book (within the file folder “Tax Sale Lists”).
(7
) Tax Lien Sale Registration
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R14.htm
Privacy Notice, and link to Jefferson County registration web page.
(
8
) List of Properties
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R15.htm
The file available below provides a list of the delinquent properties for the 2006 Tax Lien Sale. Many of
the tax bills for the listed properties
will be paid before the Tax Lien Sale and will not be offered for bids at
the sale. Updates to the list will be provided from time to time and will be available on the Delinquent
Properties Update List
(
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R32.htm
)
.
The list is current as of September 7, 2007 and contains 3,313 liens.
ROGUE INVESTOR NOTE
:
See web page for additional information.
The list
is available on
the d
at
aCD
that accompanies this book (within the file folder “Tax Sale Lists”).
(
8
a) Delinquent P roperties Update List
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R32.htm
The Delinquent Properties Update List provides a list of those properties for which the taxes are paid, and
the lien removed, between the time that the Delinquent Properties List is published and the tax lien sale
takes place.
The current file contai
ns 740
payments and is current as of 10/15/2007.
ROGUE INVESTOR NOTE
:
See web page for additional information.
The update list
is available on
the
dat
a CD that accompanies this book (within the file folder “Tax Sale Lists”).
Rogue Tax Sale Investor
-
203
-
(9
) Tax Sale Procedures
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R16.htm
Pre
-
Sale Information
Advertisement of Sale
:
The list of tax liens available to purchase is advertised in a local newsp
aper for
three conse
cutive weeks prior to the sale.
The list is also available on the Treasurer's web site in a format
that can be downloaded into a spreadsh
eet for analysis.
A "condensed list" is posted on the internet site
at
the beginning of the tax sal
e.
This is the advertised list minus the tax liens that have been paid after the
list was published.
What You Will be P
urchasing
: You are purchasing only the tax lien on the property. This does not give
you ownership or legal rights to the property in any
way. All buyers are encouraged to research all
relevant state statutes relating to tax liens in article 11 of title 39, Colorado Revised Statutes and
else
where.
Most people participate in the tax lien sale because the interest rates are much better than
t
hose offered for savings accou
nts or Certificate of Deposit.
Jefferson County has never deeded a house
or building of substantial value for unpaid taxes. Individuals wishing to obtain property may wish to
contact the Public Trustee regarding foreclosure sa
les.
Registration
: Click here for inf
ormation regarding registration:
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R14.htm
Rate of Return
: The interest rate offered
at each year's tax sale is nine points above the Federal discount
rate set on September 1st per Color
ado State Statue 39
-
12
-
103(3).
The interest rate you receive on your
certificate will remain the same for as lon
g as you hold that certificate.
The rate of
return for the 2006
certificates sold in 2007 is 15%.
The Sale
:
The tax lien sale auction will held on the internet be October 25
-
29,
2007
.
Internet Sale Information
To be held as an on
-
line public auction through
https://www.sri
-
auctionsonline.com
.
Beginning October 25, 2007 at 9:00 a.m., tax liens will be available for bid on SRI’s web site
at
https://www.sri
-
auctionsonline.com
. Bidding will close
hourly in batches of appr
oximately 200 liens per
batch.
The first batch will close at 8:00 a.m. Mountain Daylight Savings Time on October 29, 2007 and
continues closing each hour until 8:00 p.m.
Questions regarding the operation of the auction should be
addressed to SRI at 1
-
800
-
800
-
9588.
Parcels will be offered in three sections:
improved property, vacant land, and unbuildable strips.
The bidding sequence will be in schedule number order per the three sections mentioned above.
Bids for the Internet
sale will be accepted on
-
line through the internet auction only after registering with
both t
he Treasurer’s office and SRI.
Bidding may be made on
-
line from any inter
net terminal through
SRI’s site:
x
You may bid or track more than o
ne item at a time in the
list.
You may also click on the title of an
item for more information and bid from there.
x
You may add an item to your Members Area tracki
ng list without placing a bid.
Just check the box
and you will be able to view the status of the item quickly with the
rest of the items you have
tracked or bid on by logging into the Members Area.
x
Bids will be accepted in the amount of t
he minimum with the first bid. In other words,
a
minimum
of $968 wi
ll be accepted in that amount.
The next bid will be increased to the
next even amount
that is les
s than the required increment.
All subsequent bids will be increased in the amount of
the increment.
x
Proxy bidding:
You may enter the largest amount you are willing to p
ay for an item in the bid box.
The amount entered must be i
n an amount that will equal the minimum plus the increment
Rogue Tax Sale Investor
-
204
-
rounded to the nearest total by us
ing the established increment.
The auction system will place the
lowest bid necessary for you now, and then will bid on your behalf if someone else bids against
yo
u, up to the amount of the bid you placed.
A bidder may increase the amount of the proxy bid any time before the bid is accepted as the final bid.
Once a bidder has placed a bid amount, it can not be lowered or cancelled.
All successful bids are final. N
o changes in, or cancellation of a purchased lien will be made after a bid
has been made on a lien or the item has closed.
Bids will be recognized up to the time of closing and the system will display “bidding is closing” and the
highest bid received at
that time will be the winning bid.
Bidding will be closed in groups of approximately 200 liens per hour for 13 hours on October 29th starting
at 8:00 a.m.
for the first group.
The closing will continue until 8:00 p.m. with a batch closing every hour.
Ite
ms in each group will be identified with a closing time.
Access to a computer for bidding will be available in the Jefferson County Treasurer’s office starting on
October 25th between the hours of 8:00 a.m. and 5:00 p.m.
Liens Not Sold at the S
ale
: Any t
ax liens not sold at the sale are struck to the county and are, in most
cases, available to buy through the Treasurer's Office. To find out more please visit the County Held
Certificates web page:
http://www.co.jefferson.co.us/treasurer/treasurer_T68_R13.htm
.
General Information
The asset you are purchasing is the tax lien,
not the property
. Every parcel will be offered in compliance
with Chapter 39, Article 11, of the Colorad
o Revised Statutes. Each parcel will be subject to online
bidding and will be sold to the person who pays the highest amount, in excess of said taxes, penalty,
interest, and costs.
No individual updated publications will be available. However, you may use
the Treasurer's automated
phone (303
-
271
-
8322) to see if an individual schedule number has been paid.
The auctioning will provide all bidders with an opportunity to compete for each parcel. The County
Treasurer may change the method of sale at his discre
tion prior to commencement of the sale.
Caveat Emptor (Buyer Bewar
e)
:
It is the bidders' responsibility to know what they are bidding on.
The tax schedule number and total tax lien dollar amount of each parcel will be displayed. All successful
bids are fi
nal. No changes in, or cancellation of a purchased parcel will be made after a bid has been
made on a parcel or the item has closed.
The certificate to be issued on a successful bid will be in the statutory form, showing the lawful rate of
interest for th
e life of the certificate, the legal description, purchase amount, and the buyer's name (as
entered on the registration form), and the date of the sale. Certificates will not be issued in a name other
than the name or names on the registration form. All ce
rtificates may be endorsed (see Endorsement of
Tax Liens below) each year until redeemed, and certificates must be returned to the Treasurer's Office for
this purpose.
Interest begins in October at the rate set after September 1st p
er annum. All county re
demption
sare
made per CRS 39
-
12
-
111(2) (a) (b) but will be no lower than 8% per annum.
Post
-
Sale Information
Record of Purchase
:
Starting with the 2007 tax lien sale, all tax lien certificates will be kept in safekeeping
at our of
fice.
With the certif
icates held at Treasurer
s office, you will receive your payment
faster when the
lien is paid.
It also allows for endorsing without having to find your certificates and
mailing them in to the
office.
A list of the certificates you purchased will be emailed
to you after the sale is completed.
Rogue Tax Sale Investor
-
205
-
Endorsement of Tax Liens
:
If the taxes for the following year become delinquent, you will be given the
opportunity to pay the taxes and add them onto the certificate(s) you hold. This enables you to pay the
delinquen
t taxes and add them to your existing tax lien certificate of purchase without participating in the
tax lien sale. You will receive the same interest rate on the subsequent taxes as you did on the original
tax sale purchase. Endorsements are processed in l
ate July. If your certificates are eligible for
endorsement you will be notified by mail in July.
Redemption
:
When the owner pays their back taxes and redeems the tax lien, the Treasurers office will
process the redemption and send your payment to you. Yo
u will receive a check, which will include the
amount of tax you purchased plus the interest that has accrued from the day of
sale to the date of
redemption.
You are not refunded for any premium amount.
The redemption period is three years from the year o
f the original tax sale. Certificates sold in 2007 are
eligible for application of a treasurer's deed in 2010.
OTHER COUNTY INFORMATION
ARAPAHOE COUNTY
http://www.co.arapahoe.co.us
Treasurer’
s Office:
http://www.co.arapahoe.co.us/Departments/TR/index.asp
Treasurer’s Office
Arapahoe County
Government,
Administration Building
5334 S. Prince Street
Littleton, CO 80166
-
0001
Phone:
303
-
795
-
4550
Email:
Treasurer@co.arapahoe.co.us
Real Estate Tax Sale I
nformation:
http://www.co.arapahoe.co.us/Departments/
TR/TaxLien/taxsaleinfo.asp
2007
Real Estate Publication
:
http://www.co.arapahoe.co.us/Departments/TR/TaxLien/taxsale.txt
Tax
Lien Sale Site
:
http://www.arapahoetaxsale.com
(run by RealAuction.com)
BOULDER COUNTY
http://www.bouldercounty.org
Treasurer’s Office
:
http://www.bould
ercounty.org/treas
1325 Pearl St
reet
Boulder, CO 80302
Phone:
303
-
441
-
3520
Fax:
303
-
441
-
3598
Email:
tradmin@bctaxhelp.com
Tax Lien Sale Information:
http://www.bouldercounty.org/treas/tax_sale/tax_lien_sale.htm
Tax Sale Questions and Answers:
http://www.bouldercounty.org/treas/tax_sale/tsq.htm
Tax Lien Sale
email help:
taxlien@bctaxhelp.com?subject=Tax Lien Information
ROGUE INVESTOR NOTE
: The tax lien properties list (text file and Excel file versions)
is available on the
dat
a CD that accompanies this book (within the file folder “Tax Sale Lists”).
Rogue Tax Sale Investor
-
206
-
LARIM
ER COUNTY
http://www.co.larimer.co.us
Treasurer’s Office:
http://www.co.larimer.co.us/treasurer
200 W.
Oak Street
,
Second Floor
Fort Collins, CO 80521
M
ailing address:
PO Box 1250
,
Fort Collins, CO 80522
-
1250
Phone
:
(970) 498
-
7020
Fax: (970) 498
-
7037
Email:
http://www.co.larimer.co.us/common/mailform.cfm?to=rodenbmj
County Held
Liens:
http://www.co.larimer.co.us/treasurer/tre_web_county_held.pdf
Endorsement of Tax Liens:
http://www.co.la
rimer.co.us/treasurer/endo.htm
Tax Lien Sale Information:
http://www.co.larimer.co.us/treasurer/taxsale.htm
Tax Lien Sale Advertising File:
ftp://www.larimer.org/tre/Advertising_Files
W
-
9 Form:
http://www.co.larimer.co.us/treasurer/IRS_Form_W9.pdf
Treasurer’s Deed Information:
http://www.co.larimer.co.us/treasurer/Deed.htm
Tax Sales Statewide:
http://www.e
-
ccta.org/Forms/Tax%20Sales/2007%20Tax%20Sales.htm
ROGU
EINVESTORNOTE
: The county
-
held liens list
is available on the
data
CD that accompanies this
book (within the file folder “Tax Sale Lists”).
MESA COUNTY
http://www.mesacounty.us
Treasurer:
http://treasurer.mesacounty.us
P.O. Box 20000
544 Rood Avenue, Room 100
Grand Junction, CO 81502
-
5027
Phone:
(970) 244
-
1824
Email:
mctreas@mesacounty.us
Tax Lien Sale Information:
http://treasurer.mesacounty.us/taxlien.aspx
PUEBLO COUNTY
http://www.co.pueblo.co.us
Treasurer’s Office:
http://www.co.pueblo.co.us/treasurer
215 W.
10th Street
, Room # 10
Pueblo, CO 81003
Phone
:
(719) 583
-
6015
Phone,
Treasurer’s Deed Department:
(719) 583
-
6528 or 583
-
6694
Fax: (719) 583
-
6526
Email (Treasurer Services Supervisor):
http://www.co.pueblo.co.us/common/mailform.php?recipient=bonfigli
Tax Lien Sale Information:
http://www.co.pueblo.co.us/treasurer
(near bottom of page)
Tax Lien Sale Procedures:
http://www.co.pueblo.co.us/treasurer/tax_lien_sale_info.php#TopOfPage
Rogue Tax Sale Investor
-
207
-
Pre
-
Tax Lien Sale
Procedures:
http://www.co.pueblo.co.us/treasurer/tax_sale/pre
-
tax_sale_procedures.pdf
Tax Lien Sale Procedures
:
http://www.co.pueblo.co.us/treasurer/tax_sale/tax_sale_procedures.pdf
Tax Lien Sale Registration Form
:
http://www.co.pueblo.co.us/treasurer/tax_sale/tax_sale_re
gistration.pdf
Sale List (paid items removed)
:
http://www.co.pueblo.co.us/treasurer/tax_sale/taxsaleadvert.pdf
Tax
Lien Sale Notice (Courtesy of the
Pueblo Chieftain
,a
dvertised September 29th, October
6th & 13
th
,
2007):
http://www.co.pueblo.co.us/treasurer/tax_sale/tax_lien_sale_2007.pdf
View Map of Tax Lien Sale Properties
:
http://www.pueblomaps.com/website/tax_sale
ROGUE INVESTOR NOTE
: The tax sale list
is available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”)
.
WELD COUNTY
http://www.co.weld.co.us
Treasurer’s Office:
http://www.co.weld.co.us/departments/treasurer/index.html
Treasurer John
Lefebvre, Jr.
1400 N. 17th
Avenue
Greeley, CO 80631
Phone: 970
-
353
-
3845
,
ext. 3290
Phone, Tax In
formation
:
ext. 3290
Fax: 970
-
304
-
6435
Email:
jlefebvre@co.weld.co.us
Tax Lien Sale:
http://www.co.weld.co.us/departments/treasurer/treasurer_taxsale.html
Internet sale held at
http://www.weldtaxsale.com
by RealAuction.com
.
Redemption of Tax Liens:
http://www.co.weld.co.us/departments/treasurer/treasurer_redeem.html
Endorsement of Subsequent Tax Years:
http://www.co.weld.co.us/departments/treasurer/treasurer_endorse.html
2007 Tax Sale PowerPoint Presentation:
http://www.co.weld.co.us/departments/trea
surer/2007_tax_lien_sale.ppt
Tax Sale Lists:
PDF format:
http://www.co.weld.co.us/departments/treasurer/pdfs/auction%20with%20groupings.pdf
Excel format
:
http://www.co.weld.co.us/departments/treasurer/pdfs/auction.xls
Text format:
http://www.co.w
eld.co.us/departments/treasurer/pdfs/auction.txt
Treasurer’s Deed Information:
http://www.co.weld.co.us/departments/treasurer/treasurer_deed.html
ROGUE INVESTOR NOTE
:
The tax sale list (PDF format)
is available on
the data
CD that accompanies
this book (within the file folder “Tax Sale Lists”).
Rogue Tax Sale Investor
-
208
-
PRIVATE SECTOR TAX SALE ADMINI STRATORS
REAL AUCTION
http://www.realauction.c
om
(1) List of County Auctions
http://www.realauction.com/template.cfm?r=LeftMenu/ListCountyauctions
Colorado online auction websites open in October and the auctio
ns end in November.
Practice website
Colorado counties,
visit
http://www.coloradotaxsale.com
(n
ew auction every day
)
Adams County
,
visit
http://www.adamstaxsale
.com
(closed)
Arapahoe County
,
visit
http://www.arapahoetaxsale.com
(closed)
Denver City & County
,
visit
http://www.denvertaxsale.com
(closed)
Weld County
,
v
isit
http://www.weldtaxsale.com
(closed)
(2)
Realnews
http://www.realauction.com
, left
-
hand column
Announcements include upcoming tax sale auctions.
(3) Contact Informat
ion
http://www.realauction.com/template.cfm?r=Contactus/Enquiries
Realauction.com, LLC.
Corporate Headquarters
861 SW 78th Avenue
,
Suite 102
Plantation, FL 33324
Phone:
954
-
7
34
-
7400
F
ax: 954
-
424
-
7601
Email:
info@realauction.com
Customer support email:
customerservice@realauction.com
SRI AUCTIONS ONLINE
https://www.sri
-
auctionsonline.com
ROGUE INVESTOR NOTE
: See web page for announcements of upcoming auctions.
(1)
About
Tax Lien Sales
https://www.sri
-
auctions
online.com/taxlien.html
(2) Live Auctions
https://www.sri
-
auctionsonline.com/index.jsp
The following auctions are currently in progress. Follow the links to participate online.
Rogue Tax Sale Investor
-
2
09
-
Connecticut
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
No
Rating:
Four Stars (****)
Interest Rate:
18% (
s
ee Redemption Period below
).
Sale Period
:
Varies,
depending upon the municipality
.
Redemption Period:
Six
-
mon
th
extended right o
fredemption
following the tax deed sale, with
18% interest paid to the investor if the property owner redeems.
Bidding Process:
All auctions are by competitive bid. Bidding process can be complicated
because municipalities within count
ies handle
the sales.
Some municipalities may only offer
deeds in bulk purchases, cutting out the small investor.
Legal Challenge Period:
Within 1
year from the date the collector's deed was recorded or
within
2
years from the date of the sale, whichever
is longer.
State
-
Specific Information:
Adeedisgrantedtothepurchaserafterthetaxdeedsale,butis
held unrecorded until after the
six
-
month period
of redemption.
Connecticut County Links:
See
Connecticut
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed Municipality
-
Specific Information:
For links to
contact information for all Connecticut
tax collectors, by city
,visit
http://www.ct.gov/opm/lib/opm/IGP/taxcoll/Taxcoll06.doc
.
Comprehensive listing of all websites available for the 169 towns and cities in Connecticut
:
http://www.ct.gov/ctport
al/cwp/view.asp?a=843&q=257266
.
CITY OF NORWALK, CONNECTICUT
http://www.norwalkct.org
TAX COLLECTOR
http://www.norwalkct.org/TaxBill/COLPAGE1.htm
(1) Contact Information
http://www.norwalkct.org/ALLcontacts.htm
Lisa Biagiarelli, Tax Collector
Phone:
203
-
854
-
7731
Email:
lbiagiarelli@norwalkct
.org
Rogue Tax Sale Investor
-
210
-
(2
) Tax Sale
http://www.norwalkct.org/TaxBill/TaxSale.HTM
Legal Notice
City
of Norwalk, Connecticut
Notice of Sale of Real Estate for Taxes
Connecticut General Statutes
12
-
157 (194
9 rev., s.1838; PA 82
-
141, s. 3,
4; PA 84
-
146, s. 9; PA 95
-
228;
PA 97
-
139)
An informational packet about the July 18, 2005 tax sale is available for purchase at the Tax Collector's
Office at City Hall for $15. This packet explains the tax sale process and
the bidding process in detail, and
provides answers to the questions potential bidders and spectators most frequently ask about tax sales. It
also contains a complete list of the properties offered for sale, as well as copies of the relevant state
statute
s.
Tax Collector of the City of Norwalk, Connecticut: Having made lawful demand for the payment of taxes
due me as the Tax Collector of the City of Norwalk, and payment having been neglected and refused, I
will sell at public auction
the following describ
ed properties, separately, to satisfy taxes, interest and all
charges accrued thereon.
These amounts due are as of June 15
,
2005
only
. Additional interest and collection costs will be added
prior to the sale. Taxes due on the Grand List of October 1, 200
4 will also be added prior to the sale in
accordance with CGS 12
-
163. Minimum bids on remaining properties will be posted after July 8, 2005.
Amount collected to date on tax sale properties: $2,187,299 or 101.6% of goal
City Hall Tax Sale Board
(phot
o)
:
http://www.norwalkct.org/TaxBill/Photos/SleBoard.htm
Tax Collector’s Constructive Notice:
http://www.norwa
lkct.org/TaxBill/txslconstrlglnot62305.pdf
Final Bid List
,
July 18, 2005:
http://www.norwalkct.org/TaxBill/Finalbidlist.pdf
Final Results
,
July 18, 2005:
http://www.norwalkct.org/TaxBill/txsl705finlrslts722.pdf
Said sale
will take place in the Norwalk Concert Hall, located at the Norwalk City Hall, 125 East Avenue,
Norwalk, Connecticut, on Monday, July 18, 2005, b
eginning at 5:00 p.m. EDT or after registration of all
bidders has been completed.
None of the properties being sold is guaranteed buildable under current zoning regulations. All properties
are subject to restrictions, covenants, and appurtenances of rec
ord that may appear. The City of Norwalk
and its officials make no representations, warranties or guarantees concerning the suitability or character
of any property offered for tax sale. All properties are subject to additional taxes, interest, fees and ot
her
charges authorized by law accruing subsequent to the date of the notice of sale, including jeopardy
collection of taxes and charges due on the Grand List of October 1, 2004, as per Connecticut General
Statutes
12
-
163. Such will be added to the amounts
indicated above as due and owing.
Potential bidders are advised of the possible existence of environmental contaminants on the properties.
Each tax sale property is sold "as is." Potential bidders assume full and complete responsibility for
ascertaining
the suitability and character of each property, for any and all costs incurred pursuant thereto,
and for all costs and/or liability incurred as a consequence of bidding.
Terms of Sale
:
This is a public auction and property will be sold to the highest bidd
er on each individual
property. The minimum bid on each property will be the amount of taxes, interest, lien and other fees, and
costs due as of the date of the sale.
All interested bidders must pre
-
register and have with them a $5,000 deposit in
cash, b
ank or certified
check or money order
payable to the Tax Collector of the City of Norwalk the day of the sale. Minimum
bids will be announced by the Tax Collector's Office after July 8, 2005. Bidder registration will begin at
3
:00
p.m. EDT on July 18, 2005
, in the Norwalk Concert Hall. For successful bidders, the balance of the
purchase price is due by 3:00 p.m. EDT on Friday, July 22, 2005, or they shall forfeit the deposit and the
right to purchase the property. Bidders must have a separate $5,000 deposit
for each property on which
they intend to bid. For those properties with total amounts due less than $5,000, the deposit amount will
Rogue Tax Sale Investor
-
211
-
be the amount of the minimum bid, payable in
cash, bank or certified check or money order
, payable to
the Tax Collector of
the City of Norwalk.
A Tax Collector's Deed shall be lodged in the office of the Norwalk Town Clerk and shall remain
unrecorded for six months from the date of the sale. If the property
is not redeemed during the six
-
month
redemption period, then on Janu
ary 18, 2006, title to the property shall pass to the successful bidder.
Note that title passes subject to the redemption rights of the IRS if there are any federal tax liens on the
property. Additional information concerning this process may be found in s
ection 12
-
157 of the
Connecticut General Statutes.
This notice hereby constitutes a legal levy of my Tax Collector’s warrant(s) on the above described real
estate.
Originally Dated at Norwalk, Connecticut, this 25th day of April 2005.
An informational
packet about the July 18, 2005 tax sale is available for purchase at the Tax Collector’s
Office at City Hall for $15. This packet explains the tax sale process and the bidding process in detail, and
provides answers to the questions potential bidders and s
pectators most frequently ask about tax sales. It
also contains a complete list of the properties offered for sale; as well as copies of the relevant state
statutes.
ROGUE INVESTOR NOTE
: See web page for descriptions and photos of properties for sale.
The
final bid
list has been saved on the dat
a CD that accompanies this book (within the file folder “Tax Sale Lists”).
OTHER MUNICIPALITY INFORMATION
BRIDGEPORT TOWN
http://www.ci.bridgeport.ct.us
= Bridgepo
rt Town website
http://www.ci.bridgeport.ct.us/newdepartments/tax_collector_dep/default.aspx
= Tax Collector
ROGUE INVESTOR NOTE
:
No information on tax deed sale
s
is
available online.
BRISTOL TOWN
http://www.ci.bristol.ct.us
=
Bristol Town
website
http://www.ci.bristol.ct.us/content/3478/3667/de
fault.aspx
= Tax Collector
ROGUE INVESTOR NOTE
:
No information on tax deed sales is available online.
According to the Tax
Collector’s O
ffice,
the municipality does not conduct tax deed sales
.
DANBURY TOWN
htt
p://www.ci.danbury.ct.us
= Danbury Town website
http://www.ci.danbury.ct.us/content/41/180/350/default.aspx
= Tax Collector
The Tax Collector
also
prepares a listing of tax lien
s to be sold and several other delinquent real estate
accounts which will be prepared for a Tax Sale.
ROGUE INVESTOR NOTE
:
No information on tax deed sales
is
available online. Ac
cording to the Tax
Collector’s O
ffice, they do not conduct public auctions f
or individual bidders.
The town has a contract with
a company that purchases the liens.
GREENWICH TOWN
http://www.greenwichct.org/Home/default.asp
=
Greenwich Town
website
http://www.greenwichct.org/TaxCollector/TaxCollector.asp
= Tax Collector
ROGUE INVESTOR NOTE
:
No information on tax deed sales
is
available online. According to the Tax
Collector’s
O
ffice
, they have neve
r had to conduct a sale because
all properties
end up being
redeemed
and the sales
have been
cancelled.
Rogue Tax Sale Investor
-
212
-
NEW BRITAIN TOWN
http://www.new
-
britain.net
= New Britain Town website
http://www.new
-
britain.net/liv_taxcoll.html
= Tax Collector
ROGUE INVESTOR NOTE
:
No information on tax deed sales
is
available online.
According to the Tax
Collector’s Office, properties that go to foreclosure are turned over to va
rious private attorneys in the town
who conduct public sales.
NEW HAVEN TOWN
http://www.cityofnewhaven.com
= New Haven Town website
http://cit
yofnewhaven.com/TaxCollector/index.asp
= Tax Collector
ROGUE INVESTOR NOTE
:
No information on tax deed sales
is
available online.
CITY OF STAMFORD
http://www.ci.stamford.ct.us
= City of Stamford website
http://www.ci.stamford.ct.us/content/25/52/131/144/152/default.aspx
= Office of Assessment and Tax
Collection
ROGUE INVESTOR NOTE
: No information
on
tax
deed
sales is availa
ble online. According to the Tax
Collection and Assessment Office, public sales are conducted by a private attorney on behalf of the city
and can be held at any time of year.
WEST HARTFORD TOWN
http://www.west
-
hartford.com
=
West Hartford Town
website
http://www.west
-
hartford.com/TownServices/TownDepartments/FinancialServices/TaxCollect.htm
=Tax
Collecto
r
ROGUE INVESTOR NOTE
:
No information on tax deed sales
is
available online. According to the Tax
Collector’s office, sales are not conducted at any set time of year. Usually (99.9 percent of the time), all
properties are redeemed before the sale.
Rogue Tax Sale Investor
-
213
-
Delaware
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Two Stars (**)
Interest Rate:
15%
20% (
see Redemption Period below).
Sale Period
:
Sale dates vary depending on
the county.
R
edemption Period:
In Kent
and Sussex counties, there is a
60
-
day
extended right of
redemption
period
following the tax sale.
The highest bidder receives their investment back plus
15
%
interest
if the property is redeemed.
If for some reason the sale is ove
rturned by the court,
the highest bidder will only receive back their bid, but no
tthe
1
5
%
interest
.
In New Castle
County
,thereisa6
0
-
day extended right of redemption
period
from the date the tax sale is
confirmed by the Superior Court
(approximately 90
days from the tax sale date)
.
If redeemed
during the first 30 days following the tax sale, the investor receives back their bid price. If
redeemed after that, the investor receives 15% or 20% interest, depending on whether taxes
are owed to the city or co
unty.
Bidding Process:
A
u
ctions are by competitive bid. The w
inning bidder pays
the
highest value
for
the
property.
State
-
Specific Information:
Delaware only has three counties.
In New Castle County, if the
court approves the sheriff’s sale the invest
or receives a certificate that entitles
him/her
to all
rights to the property, subject to the right of redemption. In Kent and Sussex counties, the
investor receives a deed to the property, subject to the right of redemption.
Delaware County Links
:
See
D
elaware
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
KENT COUNTY, DELAWARE
http://www.co.kent.de.us
SHERIFF’S OF
FICE
http://co.kent.de.us/Departments/RowOffices/Sheriff/index.htm
Sheriff James Higdon
Kent County Courthouse
38 The Green
Room 125
Dover, DE 19901
Phone: (302) 736
-
2161
Fax:
(302) 736
-
2164
Rogue Tax Sale Investor
-
214
-
Please note that the status on a property listed for sale could change the day before the scheduled sale
date. Please call the following numbers for updated st
atus on pending property sales. For mortgage
sales:
(302) 736
-
2161
; for tax sal
es:
(302) 744
-
2341
.
(1) Procedures for Sheriff Sale
http://co.kent.de.us/Departments/RowOffices/Sheriff/ssprocedures.htm
There are three types of Sheriff sales:
Tax
Sales:
Properties are being sold for
nonpayment of county taxes and/
or county water and sewer fees
for no less than a two
-
year period. These sales are held approximately every three months.
City or Town Tax Sales:
Properties are being sold for non
-
paymen
t of town taxes. All properties are
located within a town or city limits and taxes have not been paid for no less than a two
-
year period.
Please do your own leg work as to researching the property to make sure there are no hidden liens that
you would be r
esponsible for if you are the successful bidder.
These sales are verbal bidding, property going to the highest bidder. No matter what is owed in taxes, the
property is going to the highest bidder. The full amount of the bid price is due the day of the sal
e. Cash,
certified check and cashier’s check are the only forms of payment that will be accepted. You will be given
a couple of hours to go to the bank to secure funds. The original owner of the property has approximately
60 days to pay their delinquent ta
xes plus 15% of the highest bid to redeem their property. If for some
reason the sale is overturned by the court, the highest bidder will only receive back their bid, but no 15%.
Within this 60
-
day period, you will only hear from the office if the property
is redeemed or if the sale has
been overturned by the court. If you do not hear from this office, proceed to your attorney’s office to have
your deed prepared. Your deed will be sent over to this office for the Sheriff’s signature. At this time a
check wi
ll be made out for our 1 ½% of the transfer fee.
The signed deed and checks will be returned to your attorney for recording.
Mortgage Foreclosures:
Mortgage foreclosures are usually held the first Tuesday or Thursday of every
month. Properties are being
sold for nonpayment of mortgage. This sale is also verbal bidding, with
property going to the highest bidder. The attorney for the mortgage company gives the opening bid, and
the bidding starts from there. Prior to the sale, we have no idea where the bidd
ing is going to start or stop.
There is no redemption period for this type of sale. If you are the successful bidder, we require 20% of
your bid price that day. Payment again is cash, cashier’s or certified check. You will be given a couple of
hours to go
to the bank to secure funds. The balance of your bid is due in approximately 30 days, in the
same type of form. After the sale is confirmed by Superior Court, you then go to your attorney to have a
deed drawn up. The deed is sent to the Sheriff’s Office to
be signed by the Sheriff, at which time a check
is cut for 1 ½% of the transfer fee. The deed, along with the check for the transfer fee, is returned to your
attorney to be recorded. If for some reason the sale is not confirmed by the court, you will be n
otified.
It is very important for you, the buyer, to research these properties as to whether there are any other
mortgages or liens against the property that you could be responsible for if you are the successful bidder.
This office does not guarantee cl
ear titles.
Research can be done at the Recorder of Deeds Office, which is located in the O’Brien Building on
Federal Street, Dover, and also at the Prothonotary’s Office, which is located in the courthouse on the
Green.
If you pay your 20% on the day of
the sale and do not come back with the balance of the monies on the
assigned date, you will forfeit your 20% down payment. If you are the successful bidder and you do not
come back with the 20% down payment or you for some reason change your mind about pu
rchasing the
property, you will be barred from all future sales.
All sales are advertised in the Dover Post and the Delaware State News on Wednesdays. We have sale
packets in this office for the public to come by and pick up. There is also a county
web
sit
e where sales
are listed:
http:// www.co.kent.de.us/sheriff_na.htm
.
Rogue Tax Sale Investor
-
215
-
As of October 1, 2003, a $2,000 certified check is required at the time your winning bid is accepted. The
balance of your 20% may be
paid with a personal check.
(2) Future Sheriff
Tax
Sales
http://www.co.kent.de.us/Departments/RowOffices/Sheriff
April 29, 2008
Sheriff Tax Foreclosure Sale
:
http://co.kent.de.us/Departments/RowOffices/Sheriff/documents/SHAPRILTAX2008.pdf
ROGUE INVESTOR NOTE
:
The tax sale list
is available on
the data CD that accompanies this book
(within the file folder “Tax Sale Lists”).
NEW CASTLE COUNTY, DELAWARE
http://www.co.new
-
castle.de.us
SHERIFF’S OFFICE
http://www.
co.new
-
castle.de.us/sheriff/home/webpage1.asp
Sheriff
Mike Walsh
Louis L. Redding City/County Building
800 N. French Street, 5th Floor
Wilmington, Delaware 19801
Phone: (302) 395
-
8450
Fax (302) 395
-
8460
Auction of real estate:
Sheriff sales are held the
second T
uesday of every month offering real e
state that
is b
eing foreclosed upon due to non
-
payment of mortgage or non
-
payment of various local government
taxes.
Auctions are held in the County Council Chambers on the ground floor of the City County Buil
ding, 800
North French Street, Wilmington, DE 19801
Effective with the January 10, 2006 auction:
A $5,000.00 cashier
s check payable to the Sheriff of New
Castle County is required to enter bidding at the auction. If you do not have cash or a cashier
sch
eck,
your bid will not be accepted. Your check will only be collected if you are the sucessful bidder.
Sheriff s
ales are held at 10
a
.
m
. on the s
econd Tuesday of every month in
Council Chambers at
800
North French St
reet.
There is a Fire Marshall lim
it o
f 152 persons at the sale, so get there early.
Title and
l
ien research on each property is t
he responsibility of the Bidder.
Properties
are sold sight unseen, “as is.”
There is no "walk through" or appraisal for the prop
erties before or after the sale.
She
riff sales are “cash
deals.”
Any Financing for Sheriff sale properties should be arranged pr
ior to the auction, not after;
being
pre
-
approved is not sufficient
. Sales are final and deposits are non
-
refundable.
Bidders are encouraged to
complete the deeding
process ASAP
.
You may have to evict occupants at your own expense
.
24 Hour Recording of Stayed Properties
: (302) 395
-
STAY (7829). Y
ou must have an Official She
riff Sale
list to use this line.
2008
Sheriff Sale Calendar
Sheriff Sale Results Since July
2001
(1) Sheriff Sale Guidelines
http://www.co.new
-
castle.de.us/sheriff/home/POS_TBLTOPIC_Attachment_bv.asp?key=64
Sheriff Sale Guidelines, Honorable Mich
ael P. Walsh, New Castle County Sheriff,
800 North French
St
reet, 5th Floor,
Wilmington, DE 19802
Rogue Tax Sale Investor
-
216
-
Sales are held the second Tuesday of every month in the Council Chambers of the City/County Building
(not a court house) at 800 N. French Street, Wilmington,
DE 19801 at 10:00 a.m. sharp.
The room capacity is 152 people. Get there early.
Open public bidding. If you intend to bid you must have a valid ID (driver’s license) and be prepared to
pay required amount immediately following your bid (you cannot leave
the auction without paying).
Cash/personal checks written on open/established accounts are accepted at sale with valid ID (no starter
checks).
Sheriff posters are posted on foreclosed property and many public buildings prior to sale.
Sheriff sales are
advertised in the News Journal newspaper the two Thursdays preceding sale date.
Copies of the Sheriff sale list are available for review or purchase ($10 cash) at the Sheriff’s Office.
Tax Foreclosures (VEM)
Entire bid price (100%) is due on date of sal
e (during the auction).
Your bid does not necessarily wipe away other debts on the property.
You must research the property at the Recorder of Deeds Office, located on the 4
th
Floor at 800 N.
French Street, Wilmingon, DE 19801 or
http://www.nccde.org
and Prothonotory of NCC at the
Courthouse at 500 King Street, Wilmington, DE 19801.
Mortgage Sales (Lev Fac) and Judgements (Vendex)
10% of your bid is due the day of the sale (during the auction) with the balance due o
n the first Monday of
the month following the sale. The 90% balance of your bid must be paid with a cashier’s/certified check.
Failure to pay balance of bid as required will result in forfeiture of the 10% deposit.
Your bid does not necessarily negate ot
her debts on the property.
You must research the property at the Recorder of Deeds Office, located on the 4
th
Floor at 800 N.
French Street, Wilmingon, DE 19801 or
http://www.nccde.org
and Prothonotory of NCC at the
C
ourthouse at 500 King Street, Wilmington, DE 19801.
Starting with the January 2006 sale a $5,000.00 cashier’s check made payable to the Sheriff of the NCC
will be required to participate in the Sheriff’s auction.
All sales can be stopped (stayed) until 1
0:00 a.m. on sale day. Those received after 9:00 a.m. will be
announced by the auctioneer.
All properties are purchased “as is,” sight unseen.
Your bids make you responsible for possible liens.
Sale deposits are non
-
refundable.
Tenants/owners of proper
ties are not automatically evicted from Sheriff sale properties.
Confirmation of sales occurs the Friday after the first Monday of the month after the sale.
Petition for no attempt at redemption of a tax sale is filed by high bidder after expiration of
the redemption
period (60 days from confirmation date).
Rogue Tax Sale Investor
-
217
-
Update your official Sheriff sale list with the current stays by dialing (302) 395
-
STAY (7829).
For further information please call the Sheriff’s Office at 302
-
395
-
8450 and county website at
http://www.nccde.org
.
SUSSEX COUNTY, DELAW ARE
http://www.sussexcountyde.gov
SHERIFF’S OFFICE
http://
www.sussexcountyde.gov/departments/index.cfm?id=42
Sheriff
Eric D. Swanson
West Complex Building
P.O. Box 69
Georgetown, DE 19947
Phone (302) 855
-
7830
Fax (302) 855
-
7832
Email form:
http://www.sussexcountyde.gov/contact.cfm?id=58&type=1
This office holds Sheriff's sales for non
-
payment of taxes, mortgage foreclosures plus all other court
orders.
(1) Sheriff Sales
http://www.sussexcountyde.gov/departments/sheriff/index.cfm?action=sales
The next Sheriff Sale will be on April 15, 2008 at 9:30
a.m.
For t
he terms of the sale click here:
http://www.sussexcountyde.gov/departments/sheriff/index.cfm?action=sales_info
.
Past sales:
http://www.sussexco
untyde.gov/departments/sheriff/index.cfm?action=sales&showpast=true
ROGUE INVESTOR NOTE
: See web page
list of properties for sale and status amount owed. Each list is
linked to a web page with more complete details about the property, terms of sale, auc
tion registration,
etc.
(2) Sheriff Sale Disclaimer
http://www.sussexcountyde.gov/departments/sheriff/index.cfm?action=sales_info
Sheriff Sale Location and Ti
me
:
The third Tuesday of every month promptly at 9:30 a.m.
(w
ith the
exception of Goods & Chattels Sales)
.
Sussex County Sheriff's Office
Main Conference Room
22215 N. Dupont
Boulevard
(
Route
113 North)
,
Georgetown, DE 19947
Property Notification:
Notic
es posted on foreclosed property and public buildings prior to sale.
Advertised in the Sussex Countian and one local newspaper two weeks prior to sale.
Risks to Bidders: Buyer Beware!
:
Tax (Monition) Sales
: Entire bid amount (100%) is due on date of sal
e at time of sale. You
must
research
the property at the Recorder of Deeds Office and the Prothonatary’s Office located on the Circle in
Georgetown. We do
not
guarantee clear title! The owner has the right to redeem their property any time
within 60 days f
rom the day the sale is approved by the Court.
Mortgage Sales
: 20% of bid is due the day of sale with the balance due the first Monday of the month
following the sale. Failure to pay the balance will result in forfeiture of sale and the 20% deposit. Sale
Rogue Tax Sale Investor
-
218
-
deposits are non
-
refundable. You must research the property at the Recorder of Deeds Office and the
Prothonotary’s Office located in Georgetown. We do
not
guarantee clear title!
Your bid does not necessarily negate other debts on the property. You
must
research the property at the
Recorder of Deeds Office and the Prothonatary’s Office located on the circle in Georgetown.
Terms and Regulations
: All
sales can be stopped (
stayed
) until 9:30
a.m.
on sale day. All properties are
purchased on an “as
-
is” basi
s, sight unseen (no trespassing on properties).Your bid makes you
responsible for any possible liens.
Tenants/o
wners of properties are not automatically evicted from Sheriff Sale properties. Confirmation of
the sale occurs the first Friday after the firs
t Monday of the following month of sale.
Change of ownership of the property does not occur until a proper deed is recorded.
Terms of Moni t ion Sale (Tax Sale):
100 percent of the purchase money will b
e demanded on the day of
sale: cash, certified c
hec
k
, or cashier’s c
heck. Sale subject to confirmation by the Superior Court and
subject to the owner
s right of redemption pursuant to 9 Del. C., Section 8728. And also subject to a 1 ½
percent Delaware Realty Transfer Tax, ¾ percent to be paid by the
s
eller
and ¾ percent to be paid by the
p
urchaser. Also subject to a 1 ½ percent Sussex County Realty Tax
, ¾ percent to be paid by the s
eller
and ¾ percent to be paid by the
b
uyer. Any further Transfer Ta
x is the responsibility of the purchaser. The
p
urchaser will
be required to pay the cost of the deed; a $200.00 deposit will be collected at the time of
sale and will be refunded if a proper deed is presented to the Sheriff’s Office within
45 days of
confirmation. If the p
urchaser fails to comply with these terms t
he payment made of the day of sale will be
forfeited.
Terms of Levari Facias (Mortgage Sale) :
20 percent of the purchase money will b
e demanded on the
day of sale: c
ash,
c
ertified
check, or cashier’s c
heck. Sale subject to confirmation by the Superior Co
urt,
and also subject to a 1 ½ percent Delaware Realty Transfer Ta
x; ¾ percent to be paid by the s
eller a
nd ¾
percent to be paid by the p
urchaser. Also subject to a 1 ½ percent Sussex County Realty Tax; ¾ percent
to be paid by the
s
eller and ¾ percent to b
e paid by the
b
uyer. Any Further Transfer Ta
x is the
responsibility of the purchaser. The p
urchaser will be required to pay the cost of the deed; a $200.00
deposit will be collected at the time of sale and will be refunded if a proper deed is presented to
the
Sheriff’s Office within
45 days of confirmation. If the p
urchaser fails to comply with these terms the
percentum paid on the day of sale will be forfeited.
Goods & Chattels Terms of Sale:
100% of the bid amount is due
at the time of the sale. Cash, c
ashier
’s
or certified c
heck is required.
Sheriff Sale Registration Information: All
bidders will be required to register prior to the start of the
Sheriff Sale. To register you will need a $4,000.00 deposit. Your deposit must be paid with cash or a
cashi
er
s/certified check made payable to the Sheriff of Sussex County. You will also need your driver’s
license or a valid photo I.D. Both items are required in order to receive a bidder number. You
must
have
this bidder number to place a bid. Your cash/check
will be held on deposit until the completion of the sale
at which time your cash/check will be refunded if you are not a successful bidder. Same bid number must
be returned to Auctioneer/Clerk for return of deposit. The successful bidder’s deposit will be
applied to the
20% deposit required for the purchase of the property. The remaining amount of the 20% deposit must be
paid before 3:00
p.m.
the day of sale or you will forfeit your deposit and the property will be resold.
Please make
certified check or c
ashier’s c
heck payable to: Sheriff, Sussex County.
Rogue Tax Sale Investor
-
219
-
Florida
Tax Lien Sales:
Yes
.Thesesalesare
handled by the Tax Collector’
sOfficeinmostcounties
.
Over
-
the
-
Counter Tax Lien Sales:
Yes. C
ertificates not sold at the tax lien sale are “s
truck off”
to the county. After the tax sale is closed and balanced, these
county
-
held
certificates can be
purchased in the Tax Collector’s Office.
Certificates may be purchased by mail or in person, on
afirst
-
come, first
-
serve basis, at the maximum inter
est rate of 18 percent.
Tax Deed Sales:
Yes
.Thesesalesare
handled by the Clerk of Circuit Court in most counties.
Application for a tax deed sale is made at the Tax Collector’s Office.
Over
-
the
-
Counter Tax Deed Sales:
Yes.
Apropertythatdoesnotse
ll at the tax deed sale is
placed on the "List of Lands Available for Taxes." After 90 days from the sale date, anyone can
purchase property off the "List of Lands Available for Taxes."
These sales are
handled by the
Clerk of Circuit Court in most counties
.
Rating:
Four Stars (*
***)
Interest Rate:
18% per year
for tax liens. A
minimum mandatory fee of 5%
(for bids
of at least
¼
%
)
,evenif
the tax lien is
redeemed early.
No extended right of redemption following the tax
deed sale.
Sale Period
:
According
to state law,
tax lien
sales must occur
on or
before
June 1st
.
Tax lien
sales are held in April and May in most counties.
Tax deed sales are held throughout the year.
Some counties hold tax deed sales every week.
Redemption Period:
2years
for tax liens.
No
extended
right of redemption following
the
tax
deed sale.
Bidding Process:
Bidding at tax lien sales is by competitive bid, with the w
inning bidder
accepting the
lowest interest rate. Bids go in quarter percentage increments; for ex
ample, 17
¾% follow
ed by 17 ½%. Bidding can proceed downward to as low as ¼% and the bidder still
receives a minimum of 5% interest. If the bidder chooses to bid down to zero percent interest,
the bidder will not earn the minimum 5%.
Tax deeds are offered through competitive
bid to the
highest bidder.
Homestead properties are sold for a minimum bid of one half of their assessed
value.
Many counties are now conducting their sales online.
State
-
Specific Information:
Florida is probably one of the most famous tax lien states be
cause
the interest rate of 18% per year is favorable and, if the property goes to foreclosure, the
redempti
on period of 2 years is short. Florida also has a favorable tax deed process, allowing
the investor to obtain
a
deed to
a
property without a legal ch
allenge period.
If the tax certificate is not redeemed, the certificate holder cannot institute foreclosure and
receive the deed; rather, a public deed sale must occur.
The tax deed is sold to the highest
bidder. If the tax lien holder is not the highest
bidder at the tax deed sale, he/she will receive
their investment back with interest.
Florida
also
has some restrictions regarding the number of lots an individual investor can own
without being registered as a developer.
An individual
who is not a devel
oper is allowed to buy a
tax deed for only one lot in a planned subdivi
sion for the purpose of resale (s
ection 498.025
[1a]
,
Florida Statutes
).
Aselleroflotsinpropertysubdividedorproposedtobesubdividedinto50lots
Rogue Tax Sale Investor
-
220
-
or more is required to be regis
tered with the Department of Business and Professional
Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes. Also, if a
certificate holder purchases 5 certificates in subdivision that contains 25 or more lots, and
eventually obtained
5taxdeeds,hewouldbesubjecttotheprovisionsofsection498.022,
Florida Statutes, regarding standards for transacting land sales.
Therefore, it is recommended
that when purchasing certificates on lots or parcels in a subdivision, the Department of B
usiness
and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes
be co
ntacted at (850) 488
-
1631.
AlistingofFloridataxcollectorsbycountyisavailableontheFloridaTaxCollectorswebsite:
http://floridataxcollectors.com
.
Marion County, Florida Tax Deed Sale
June 2005
This was a crazy sale. A group of
apparent
Haitian drug dealers bought most of the properties
at the tax deed sale
, held in Ocala, Florida,
for mar
ket value. There is an area called Rainbow
Lake where a bankrupt development is starting to come back to life. At the sale, lots were
selling for about $40,000 to $50,000, the upper end of market value, with most of the buying in
cash. When the sale starte
d, five men entered the room and one of them started bidding. After
winning the first bid, the man admitted that he did not have a bidding card. However, instead of
removing him from the sale, the county clerk allowed him to obtain his bidding card and buy
the
property.
This same man then proceeded to buy just about every good property for top dollar, with
money being no issue. On one property he actually bid against himself and raised the final bid
by $2,000 unnecessarily. We had heard from another inve
stor that in some areas of Florida,
drug dealers use the sale as a money laundering scheme. Since the country accepts cash, and
large amounts of property can be purchased with no contracts or questions, it is a simple way
to move money from an illegitimate
business to a legitimate one. It saddens me that crime can
sometimes influence a tax sale. But with thousands of tax sales being conducted every year,
one might expect some criminal involvement. When we have been to sales in Florida in the
past, competiti
on was tight but the sales were fair.
Citrus Count y
,
Florida
Tax Deed Sale
June 2004
Held in Inverness, Florida, this was a good sale. There were approximately 10 properties in the
sale, all of which were lots that were located in residential areas. A
lot we purchased was
located across the street from a beautiful lake. Most of the properties stayed in the range of
$5,000 to $10,000; however, some properties were bid up to market value. Based on our
research, Florida’s tax deed sales are getting discove
red. For better results, stick to
unpopulated counties.
Florida County L inks:
See
Florida
Tax Sales
at
http://www.floridataxliencertificates.com
,
http://www.floridataxdeedsales.com
and
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
Rogue Tax Sale Investor
-
221
-
BROWARD COUNTY, FLOR
IDA
http:
//www.co.broward.fl.us
REVENUE COLLECTION D
IVISION
http://www.broward.org/revenue
Phone: (954) 831
-
4000
Email:
revenue@broward.org
(1)
Tax Certificate Frequen
tly Asked Questions
http://www.broward.org/revenue/cert_faqs.htm
Certificate
b
uyers need to be aware that there are inherent risks involved in purchasing tax certificates.
Broward County Reven
ue Collection does not guarantee the condition of any property or title with respect
thereto. The risks are bo
rne by the certificate holder.
Do your research before investing and purchasing.
Plea
se also note:
Broward County does not guarantee eventual paym
ent of tax certificates.
What is a Tax Certificate?
An interest bearing first lien representing unpaid delinquent real e
state
property taxes which are
offered for sale by Broward County Revenue Collection through competitive bid
to pay delinquent taxes. T
ax certificates are not "recorded" liens nor are they reported to any credit
bureaus. They are a "first" priority lien.
What rights to the property does a certificate owner have?
None. You have not purchased property.
A tax certificate is an investment. T
his investment does not convey any rights or ownership to the
certificate holder.
Please note:
Broward County does not guarantee eventual payment of tax certificates.
Does Broward County have a "live" sale or an on
-
line sale?
At this time, Broward County
conducts a
"live" tax certificate sale.
What are
the date, time, and location of your tax sale?
Our Tax Certificate Sale takes place every
year on or before June 1, in compliance with Florida Statutes (197.432 F.S.). The date, time and location
of the Tax
Sale will be announced after May 1st.
The Ta
x Sale lasts approximately 5 days, depending on
the number of items. Occasionally, there is a second sale in early fall. Please contact our office for
information.
What method of payment is accepted?
Only cash,
cashier
’s
checks, wire transfers,
and money orders
are accepted. Payments cannot be made online.
Payments must be made via wire transfer or in person
at the Governmental Center Annex, Room A
-
100, 115 S. Andrews Avenue, Ft. Lauderdale, Florida during
regul
ar business hours of 8:30 a.m. to 5:00 p.m.
Where and when will the auction be advertised and how often?
The listing of unpaid taxes is
published in the Daily Business Review on or about May 1. The list is published three times in May. The
Daily Business
Re
view can be contacted at
633 South Andrews Avenue, Fort Lauderdale, FL 33301
,
phone: (800) 777
-
7300 or (954) 468
-
2600, or via the I
nternet at
http://www.dailybusinessreview.com
.
How many bidders appe
ar at the auction?
There are approximately 150
-
200 bidders present at the
auction.
Is the interest rate
always
18% on a tax certificate?
Investors bid the interest rate downward, starting
at 18%. Bids are accepted in increments of a ¼ of 1%. Certificates
are awarded to the buyer who is
willing to pay the taxes, interest and associated costs at the lowest rate of interest, which has been ¼ of
1% in the last few years.
When do I register for the tax sale?
Buyers may register in person for a buyer number app
roximately
one week prior to the Tax Certificate sale and during the scheduled sale days at Broward County
Governmental Center Annex, 115 South Andrews Avenue, Room A
-
100, Fort Lauderdale
,
Florida 33301.
What are the buyer requir ements?
The buyer must co
mplete and file form W
-
9 "Payer's Request for
Taxpayer Identification Number and Certification" for each buyer number assigned as all interest will be
Rogue Tax Sale Investor
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222
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reported to the Internal Revenue Service. A single buyer number will be assigned for each Social Security
Number (SSN) or Employer Identification Number (EIN/TIN) provided and must be identical to the name
provided on the W
-
9 form. Original proof of either Social Security Number (SSN) or Employer
Identification Number (EIN/TIN) is required. The name on the EI
N/TIN document (SS
-
4) or SSN form
must be identical to what is entered on the W
-
9 form, without exception. For SSNs: The signature on the
W
-
9
must
be the signature on the SSN document
. For EIN/TINs:
The signature on the W
-
9
must
be from
an officer of the C
orporation or LLC,
not
an Agent of the Corporation or LLC. The officer must sign and
state his/her position with the Corporation or LLC. Cli
ck here for a form W
-
9, pdf file:
http://www.broward.org
/revenue/rvi00305.pdf
.
If an agent is acting on behalf of one or more investors, he/she must present an original W
-
9 form and
social security number (SSN) or Employer Identification Number (EIN) for each individual investor. The
original SSN card or EIN
/TIN document for each individual investor must match the W
-
9. The Agent’s
name or signature cannot appear on any documents.
All interest earned will be reported to the IRS on form 1099
-
int.
A minimum $1,000.00 deposit is required for each buyer number a
ssigned. The
deposit shall be cash,
cashier’s
check, certified check or money order payable to Broward County Revenue Collection. This
deposit will be applied to the purchase of tax certificates. If no tax certificates are purchased, the deposit
will be re
funded approximately 4
-
6 weeks after the completion and balancing of the tax certificate sale.
No personal checks, money market account checks or Attorney's Trust account checks will be accepted.
In what order are the properties called?
The properties a
re called in the order they are listed in the
advertisement
,
which is the order they appear on the tax roll. Items designated with an asterisk (*) identify
properties with homestead. This order will not be changed.
Is payment in full required on the day o
f the sale?
Payments of not less than ten percent (10%) of the
total bid made daily by the bidder are required. This ten percent (10%) may include the original $1,000.00
cash deposit. This payment must be made each day on the amount of certificates purchas
ed the prior
day, non
-
sale days excluded. This procedure is necessary to ensure the purchaser will pay for the
certificates when delivered.
What if timely deposi t is not made?
If a timely deposit is not made, continued participation in the tax
sale will n
ot be authorized until the amount is settled.
What happens when the sale is over?
Upon the completion of the tax certificate sale, Broward County
Revenue Collection will notify each purchaser when the tax sale electronic listings are ready. This
notificat
ion will include the balance due and the location where the purchaser can obtain the listing of
certificates purchased.
When must the balance be paid ?
The balance due must be paid within forty eight (48) hours of the
mailing of the notice, (exclusive of h
olidays, Saturdays and Sundays), and must be certified funds. Wire
transfers must be received by Broward County Revenue Collection prior to the deadline
What if I don't pay for my certificates?
Failure to pay for all certificates awarded will result in fo
rfeiture
of all certificates and loss of deposit. Those certificates would be re
-
auctioned at a later time.
How do I get paid?
When a certificate has been redeemed (owner, title company or mortgage company
pays the outstanding taxes) to Broward County Rev
enue Collection, the certificate holder is entitled to the
face value plus whatever interest the certificate has earned. Proceeds are remitted weekly to the
certificate holder. The certificate holder is never paid directly unless it is from a Bankruptcy T
rustee. If that
happens, the certificate holder must notify Broward County Revenue Collection when he/she is paid in full
and request that the certificate be cancelled.
What is the r edempti on period of a tax certificate?
The property owner can redeem a ce
rtificate at any
time until the property is sold at a tax deed sale OR until the certificate has expired (7 years after the date
of issuance).
Rogue Tax Sale Investor
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223
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Can I pay the taxes and own the property?
No. You have not purchased property. A tax certificate is an
investmen
t. This investment does not convey any property rights or ownership to the certificate holder. A
certificate holder is an investor and the purpose of purchasing certificates is to earn interest on your
investment not to get the property.
Can I borrow the
keys or make an appointment with Revenue Collection to view the property so
that I can look at it before I bu y?
Revenue Collection is not a Real Estate Agency, does not have the
keys to the property and knows nothing about the condition of any property. D
o your own research! The
Property Appraiser’s office and their website have USE codes and maps. Revenue Collection can only tell
you about the taxes that are due. Remember: You are trespassing if you go onto the property.
Do liens follow the property?
G
overnment liens always follow the property. It is important to research
the payment history and type of property before you bid on certificates.
Are tax certificates always a good investment?
The following possibilities, though not inclusive, are
some of
the non
-
cost recoverable circumstances that could affect the amount of interest you earn on your
investment and/or the amount of your investment:
x
Owner files bankruptcy (interest could be reduced and/or Trustee will send you $7 per month,
etc.)
x
Department
of Revenue correction on the taxes
x
Court orders the omitting of taxes
x
Assessed value on the property by the Property Appraiser may be in error and not subject to
retroactive correction when the problem is discovered
x
Parcel may have had an assessed structu
re or wood frame home that is subsequently burned
down or condemned
x
Parcel may have had a mobile home on it at the time of the tax certificate sale which has been
removed or destroyed, leaving the property vacant
x
A condo
is part of a group of buildings tha
t are later condemned or destroyed.
Does Broward County guarantee payment?
Broward County does not guarantee eventual payment of
tax certificates. Risks Exist! You must do your research.
Can I contact the property owner and convince him/her to pay?
Acer
tificate holder who initiates, or
whose agent initiates, contact with the property owner upon which he or she holds a certificate
encouraging or demanding payment may be barred by the tax collector from bidding at future tax
certificate sales. Unfair or de
ceptive contact by the holder of a tax certificate to a property owner to obtain
payment is an unfair and deceptive trade practice according to law, regardless of whether th
e tax
certificate is redeemed.
Such unfair or deceptive contact is actionable under
applicable laws prohibiting
fraud.
Neither a certificate holder
,
nor an Agent, can take any action against the property and/or the property
owner (direct or indirect) until he or she has held the certificate for twenty
-
two (22) months. After that
period
of time, an Application for Tax Deed can be made, which forces the owner to pay the back taxes or
the property is sold at a public auction to the highest bidder.
How
do I transfer a ce rtificate to another party?
Not all certificates can be transferred. So
me examples
include those properties that have a pending bankruptcy or where a tax deed application has been
submitted. If the certificate is eligible for transfer, the seller of the certificate must complete the required
paperwork which requires notarizat
ion.
The new buyer must be a registered buyer. If the buyer is not a registered buyer, he/she will be required
to complete and file form W
-
9 "Payer's Request for Taxpayer Identification Number and Certification"
(TIN) for each buyer number assigned as all
interest will be reported to the Internal Revenue Service. A
single buyer number will be assigned for each Social Security Number (SSN) or Employer Identification
Number (EIN) provided and must be identical to the name provided on the W
-
9 form. Original p
roof of
either Social Security Number (SSN) or Employer Identification Number (EIN) is required. For TINs: The
signature on the W
-
9 must be from an officer of the Corporation or LLC, not an Agent of the Corporation
Rogue Tax Sale Investor
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224
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or LLC. The officer must sign and state
his/her position with the Corporation or LLC. Click here for a W
-
9
form (pdf form):
http://www.co.broward.fl.us/revenue/rvi00305.pdf
Any change to a tax certificate will constitute a trans
fer and will be subject to the appropriate fees and
paperwork for each certificate bought under that number. The transfer paperwork must be presented to
Broward County Revenue Collection along with the fee of $2.25 per certificate before the transfer is va
lid.
Do you have a mailing list for tax certificate information?
Beginning in May, the procedures of the tax
certificate sale will be available on our website. The sale schedule and other information will be mailed in
the middle of May
to anyone who has c
ontacted us
or who has participated in a previous tax certificate
sale.
(2) Tax D eed
Application
Frequently Asked Questio ns
http://www.broward.org/revenue/tda_faqs.htm#td
Be advised that no
t all
tax certificates are desirable
or profitable and
,
therefore, the
tax d
eeds and
properties should be viewed as “
Buyer Beware.”
What is a Tax Deed Application?
Tax Deed application is the action, initiated by a tax certificate holder,
which begins the
process of selling a property at public auction for the delinquent taxes.
Who/When can I make a Tax Deed Application?
Only a certificate holder who has held a tax certificate
for a minimum of 22 months is eligible to make a tax deed application with the
Revenue Collection
Division. This action forces the owner to pay the back taxes or the property would be sold at a public
auction to the highest bidder.
I have hel d my tax certificate f or 22 months.
How may I obtain the forms to make a Tax Deed
Applicatio
n? Please email
taxdeeds@broward.org
and the information will be sent to you. Electronically
submitting your application will expedite the process
I have hel d my tax certificate f or 22 months. How can I go abou
t purchasing/owning the property?
A tax certificate is an investment. The investment does not convey any rights or ownership to the
certificate holder. In order to own the property, you'd have to make a tax deed application, attend the tax
deed auction and
be the highest bidder at the sale.
How is a Tax Deed Application made?
At the time of application, the certificate holder (applicant) pays
any other outstanding taxes as well as a title search fee and a tax deed application fee. All of the unpaid
taxes a
nd fees are then combined with the applicant's certificate, and interest is earned at the rate of 18%
per annum. This interest begins accumulating at 1
-
1/2% per month, beginning the month after the
application date.
What happens if the property for which
a Tax Dee d Application exists is paid (redeemed)?
If
payment is made to Broward County Revenue Collection by the tax payer (property owner) or the
mortgage company, the applicant is reimbursed for their total investment, the accrued interest and the
Tax De
ed sale process is stopped.
What happens if the property for which a Tax Deed Applicatio
n exists is not paid (redeemed)?
The
property will be scheduled for sale at public auction.
Can anyone pay the Delinquent taxes and own the property?
No. Payment of d
elinquent taxes does
not give the payee any rights to property. The redemption (payment) of a Tax Deed application is only
accepted from someone with a legal interest in the property such as the property owner, his
representative, or a mortgage company.
W
ill the property owner be notified of the impending sale?
Yes. An ownership and encumbrance
report is obtained. Twenty days prior to auction, notification is sent by Certified mail to the property owner,
lien holders, and other parties appearing in the rep
ort. Additionally, the Sheriff's office will serve/post a
notice of sale on the property. If your mailing address has changed, it is very important to update this
information with
the Property Appraisers Office.
Contact the Property Appraiser
for additiona
l information.
Rogue Tax Sale Investor
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225
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Are ther e additional costs involved?
Approximately two months before the tax deed sale, the Tax Deed
Applicant must pay additional funds for the cost of advertising, certified mailings and sheriff services or
postings. These fees are then ad
ded to the total amount due to redeem the Tax Deed application.
How often are Tax Deed Sales held?
We schedule Tax Deed sales once a month except for the month
of June. The scheduled sale dates are as follows:*
Thursday September 20, 2007
Thursday Octobe
r 18, 2007
Tuesday November 6, 2007
Thursday December 20, 2007
Wednesday January 23, 2008
Wednesday February 20, 2008
Wednesday March 19, 2008
Wednesday April 23, 2008
Wednesday May 21, 2008
Wednesday July 23, 2008
Wednesday August 20, 2008
Wednesday
September 24, 2008
Wednesday October 22, 2008
* Due to scheduling and other statutory requirements, dates are subject to change.
Unless otherwise noted, all sales are conducted in Room 302 of the Governmental Center, 115 S.
Andrews Avenue
,
Ft. Lauderda
le.
Please check the Daily Business Review for the most current sale date and time or call our office at 954
-
468
-
3428.
Where are the Tax Deed Sales held?
Tax Deed sales are currently held in the Governmental Center
located at: 115 S. Andrews Avenue, Fort
Lauderdale, FL 33301.
Sales will be held in a conference room on the third floor, or other location, as advertised in the Daily
Business Review.
What time does the Tax Deed Sale begin?
The Tax Deed sale starts at 10:00 A.M. unless otherwise
stated in
the advertisement.
When and where are the properties to be sold at the Tax Deed Sal es advertised?
The properties are
advertised in the Daily Business Review (Broward Edition), Thursday edition, four weeks prior to the Tax
Deed Sale. The advertising includ
es the property identification number, the tax deed number, name in
which assessed and the legal description.
How can a copy of the Daily Business Review be obtained?
The Daily Business Review may be
purchased at various newsstands throughout Broward Coun
ty or by contacting them at 633 South
Andrews Avenue, Fort Lauderdale, FL 33301; Phone: 954
-
468
-
2600; or via the web at
www.dailybusinessreview.com
.
Are the Tax Deed files available for review?
One wee
k prior to a Tax Deed Sale, the working files are
available for the public to review at Broward County Revenue Collection, 115 S. Andrews Avenue, Room
A
-
100, Fort Lauderdale, FL 33301. The information contained in the working files should not be utilized
as the sole source of research on the property. It is the bidder's responsibility to obtain pertinent legal, lien
and title information.
What is the Opening Bid?
The opening bid is the amount of back taxes, included in the tax deed
application, interest a
nd fees (applicant’s investment). If the property has homestead exemption, the
opening bid will also include one half (1/2) of the assessed value on the current tax roll. The bid amount
may not include all property taxes.
Rogue Tax Sale Investor
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226
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Are all taxes include d in the ope
ning bid?
The opening bid may not include all unpaid taxes. The
successful bidder would be responsible to pay any other real estate or personal property taxes. The tax
bills will be supplied by Broward County Revenue Collection.
What should a potential bi
dder know prior to participating in a Tax Deed Sale?
Tax Deed sales are
not for the uninformed. It is imperative that anyone interested in participating in the Tax Deed Sale
conduct extensive research including a full title and lien search prior to bidding
on any properties.
What are the requirements to bid on/purchase property?
Do your research! You or a representative
must be physically present at the sale to bid on the property. The individual, bidding at the auction, must
also be authorized to purchase
property on behalf of the entity to be listed on the Tax Deed and provide
the required corporate or power of attorney documentation to our office. If bidding on behalf of a trust,
LLC or corporation, of which the bidder is not an officer of that entity, t
he bidder must provide notarized
authorization from the entity which allows the bidder to purchase property in that entity's name. The
bidder must also provide corporate papers from that entity which reflects the name of the officer providing
the notarized
authorization. This paperwork must be present at the auction and that same bidder must
submit the paperwork to our office when payment is made and documents are signed. These documents
must be signed by the actual bidder or the officer of the corporation
or LLC. Note: If the bidder does not
have the proper authorization, the Tax Deed must be prepared in the name of the bidder only. The bidder
would then be required to provide valid photo identification when submitting payment and signing the
required docum
ents for the purchase of property.
What if the ce rtificate holder/applicant would like to purchase the property?
The certificate holder/
applicant must be present and bid for the property if he/she would want to own the property. He/ she must
make the hig
hest bid in order to purchase the property.
What is the successful bid der required to provide immediately?
The successful bidder must produce
valid photo identification such as a driver's license and also provide us with a telephone number. A
nonrefundabl
e cash deposit of $200 is collected at the time of the sale, and w
ould be forfeited upon
default
(197.542[2] F.S.).
Is payment in full required the day of the sale?
Full payment must be made at the office of Broward
County Revenue Collection located at 11
5 S. Andrews Avenue, Room A
-
100, Fort Lauderdale, FL no
later than 10:00 A.M. the following morning. A separate cashier's check is required for each property
purchased. If the payment is not received within the specified time, the deposit and property are
forfeited
along with the bidder's/entity's privilege to participate in any future tax deed sales (197.542[2] F.S.).
What is the successful bid der required to provide at time of payment?
Since there are various forms
to be signed by the new owner, and som
e require notarization, the successful bidder must provide valid
photo identification. If the bid was made on behalf of any entity other than the name of the individual
bidding, proper documentation must be presented. (i.e. , articles of incorporation, cur
rent power of
attorney, etc.) When property is purchased at a tax deed sale, this office would collect the full amount bid
(which includes the taxes and fees in the application) along with the Recording fees and Doc Stamp fees.
At the time of the sale, you
would be informed of the total amount due.
If the property would be redeemed prior to this office “issuing” the deed, you will be contacted at the
telephone number you provided to us at the sale. If you had already presented your cashier’s check, you
wou
ld then need to come into the office, with your receipts, and retrieve the cashier’s check and the $200
cash deposit.
Is the property sold free and clear of liens?
No. Additional property taxes, as well as, liens on the
property, may be due and would beco
me the responsibility of the new owner. It is imperative that anyone
interested in participating in the Tax Deed sale conduct extensive research including a full title and lien
search prior to bidding on any properties. Government liens follow the property
. Vacant property may
have lot clearing, code and other liens attached to it.
W
hat type of docume nt is issued as a result of the sa le?
Tax Deed is issued. A tax deed is a form of
title given in the event property is sold to satisfy taxes;
a
tax deed carri
es no warranties and does not
Rogue Tax Sale Investor
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227
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guarantee clear title. It is to the buyer's advantage to consult a real estate attorney in efforts to obtain
clear title.
Once a property is acquired at a Tax Dee d Sale, is there a redemption period for the former
propert y ow
ner?
The former owner will be allowed to pay the delinquent taxes, and the sale made void
until the new deed has been issued. This process takes about 24 hours from the time of sale. In the event
that this would happen, the cashier's check along with the d
eposit would be returned, or a refund issued
to the successful bidder.
The property may be redeemed by anyone with a legal interest in the property, such as the owner or
mortgage company, until we “issue” the deed which is when we “walk out of our office”
to take the
paperwork to Broward County Records for recording. Once that happens, the taxes are no longer
redeemable.
What happens to the properties that do not sell at the auction?
If the Tax Deed Applicant is an
individual, and there are no bids at the
sale, the applicant is required to accept the property by paying the
additional costs of the documentary stamps, recording fees, and ½ the assessed value if the property is
homesteaded. This must be made within 24 hours of the auction. If the Tax Deed App
licant is Broward
County and there are no bids at the sale, the property is immediately placed on the list of Lands Available
for Taxes (L.A.F.T.).
Are all properties inhabitable and/or buildable?
No
. You
must
do your research! It is imperative that
anyon
e interested in participating in the tax deed sale conduct extensive research including a full title and
lien search prior to bidding on any properties. Otherwise, you could end up with a drainage ditch, a sign,
condemned property, a stairwell, a heap of j
unk, a small strip of nothing, etc.
Can
I borrow the keys or make an appointment with Revenue Collection t o view the property so
that I can look at it before I bu y?
Revenue Collection is
not
a Real Estate Agency,
does not
have the
keys to the property and
knows nothing about the condition of any property. Do your own research! The
Property Appraiser's office and their website have USE codes and maps. Revenue Collection can only tell
you about the taxes that are due. Remember: You are trespassing if you go
onto the property.
Can Reve nue C ollection provide pictures of the property, floor plans, size of rooms, etc.?
No.
Revenue Collection can only tell you about the taxes that are due.
Does Broward County guarantee the sale?
Broward County
does not
guarantee
the condition of any
property or title with respect thereto.
All properties are sold “Buyer Beware.”
Do I have the right to immediate possession?
Yes. The tax deed makes you the owner.
Will Revenue Collection evict people living on the property and dis
pose of unwanted junk left
there?
N
o. Revenue Collection does not evict people or remove junk; contact the Sheriff's office for
eviction.
Will Revenue Collection help me get clear ti tle?
No. A tax deed carries no warranties and does not
guarantee clear ti
tle. It is to the buyer's advantage to consult a real estate attorney in efforts to obtain
clear title.
(3) Lands Available for Taxes Frequently Asked Questions
http://www.broward.org/revenu
e/tda_faqs.htm#laft
Be advised that not all properties are desirable and therefore, the properties in Lands Available for Taxes
should be viewed as “
Buyer Beware.
Extensive research is required by the interested party in order to
obtain the full amount
of liens and/or encumbrances due on these properties and the status of the title.
What is Lands Available for Taxes” (L.A.F.T.)?
Lands available for taxes are properties that have
been advertised for tax deed sale at public auction, and no bidders appea
red at the public sale to
purchase the properties. When this happens, Revenue Collection is required to enter the land on a list
Rogue Tax Sale Investor
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228
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entitled "lands available for taxes" and to notify the Board of County Commissioners and all other persons
holding certificates
against the folio that the land is available.
Who may purchase properties from L.A.F.T.?
Pursuant to 197.502(7),
F.S. for the first ninety (90) days
that a property is in L.A.F.T., only the County may purchase the property for the opening base bid. After
the ninety days have expired, any person or governmental unit may purchase the land for the opening
bid, subsequent omitted taxes, plus any accrued interest plus documentary stamps, recording and
indexing fees.
Where can I obtain a copy the L.A.F.T. list
?
The L.A.F.T. list
can be viewed or purchased at
Broward
County Revenue Collection, 115 S. Andrews Avenue, Room A
-
100, Fort Lauderdale, FL 33301
.
To
view
the information on
-
line,
click here
:
htt
p://www.broward.org/revenue/rvi00306.pdf
.
How many properties are on the L.A.F.T. li st?
The number of properties varies;
please contact our
office at 954
-
468
-
3430 for the most current number or view the list on
-
line.
How can properties be pu rchased fro
mL.A.F.T.?
Extensive research is required by the interested
party in order to obtain the full amount of liens due on these properties and the status of the title. After
completing the research, reviewing the listing and the corresponding Tax Deed file, a
quote informing the
interested party of the amount due to purchase the property can be provided by Broward County
Revenue Collection.
How many quotes can be requested at one time?
A maximum of three quotes can be requested per
day per individual/entity.
Quotes are accepted Monday thru Friday and are
available within 3
-
5 business days of the request.
To receive your quote via e
-
mail, please provide your e
-
mail address at the time the request is submitted.
Note:
Due to the possibility of error, omission, and events beyond our control, no warranty or guarantee is
expressed or implied as to the accuracy of any given quote. Please use your good judgment and always
verify prices before you purchase.
How long is a qu
ote valid?
The date will be specified on the bottom
of the quote.
The deadline is the
third Friday of the month to insure that the payment is validated and the paperwork is completed by the
last working day of the month.
On the first day of the new month,
additional interest and fees would be
due and a new quote would be required.
Once a q uote is given, how is the property purchased?
The purchaser must come to
Broward County
Revenue Collection, 115 South Andrews Avenue, Room A
-
100, Fort Lauderdale, FL
betw
een 8:30
a.m.
and 5:00 p.m.
with a c
ashier's check for the total amount of the quote prior to the specified deadline. The
purchaser must present valid government issued photo identification (i.e.
,
driver
’s license, state ID card,
p
assport, etc.). Also, if
the property is being purchased in the name of an entity other than the individual,
the buyer must present proper documentation (i.e.
,
power of attorney, corporate papers, etc.) that shows
that he/she is authorized to sign as purchaser on behalf of the ent
ity.
Will a Tax Deed be issued right away?
No. From the time the transaction has been completed at
Broward County Revenue Collection, it takes approximately a week for the Tax Deed to be issued.
Is the property sold free and clear of liens?
Additio
nal pr
operty taxes, as well as
liens on the property
,
may be due and would become the re
sponsibility of the new owner.
It is imperative that anyone interested
in purchasing from Lands Available for Taxes conduct extensive research including a full title and lien
search prior to requesting a quote or purchasing any properties.
How long are i t ems in L.A.F.T.?
If the oldest unredeemed tax certificate was sold prior to the year 2000,
the property will remain on the L.A.F.T. list for seven years from the date the pro
perty
was offered at a tax
deed sale.
All other properties will remain in L.A.F.T. for three years.
Rogue Tax Sale Investor
-
229
-
What happens to pr operties that are not purchased from L.A.F.T.?
The land shall escheat to Broward
County
(197.502[8]
,F.S.
).
All tax certificates and lien
s against the property shall be canceled, and
Revenue Collection will execute a tax deed vesting title in the Board of County Commissioners. Once an
item has escheated to the County, it is no
longer available for purchase.
Certificate holders have no
furth
er opportunity to recover their investment.
(4
) Lands Available for Taxes List
http://www.broward.org/revenue/rvi00306.pdf
ROGUE INVESTOR NOTE
: The
list is available on the
data CD that accom
panies this book
(within the
file folder “Tax Sale Lists”)
.
(5) County Held Certificates Frequently Asked Questions
http://www.broward.org/revenue/coheld_faqs.htm#ch
Certificate
b
uyers ne
ed to be aware that there are inherent risks involved in purchasing tax certificates.
Broward County Revenue Collection does not guarantee the condition of any property or title with respect
thereto. The risks are borne by the certificate holder. Do your r
esearch before investing and purchasing.
Please also note:
Broward County
does not
guarantee eventual payment of tax certificates.
What is a C
ounty
H
eld
C
ertificate?
A tax certificate is an interest bearing first lien representing unpaid
delinquent real
estate property taxes which are offered for sale by Broward County Revenue Collection
through competitive bid to pay delinquent taxes. If there are no bids on an item, the applicable tax
certificate is issued in the name of Broward County (County
-
Held) at
the highest rate of interest allowed
by law (18%). Tax certificates are not recorded liens nor are they reported to any credit bureaus. They are
a “first” priority lien.
Why would a certificate not have any bids and be issued in the name of the County?
Th
e bidders at
the auction obviously felt that it may be a "risky" investment (i.e.
,
the property has a long history of
delinquent taxes, it may be encumbered with government liens, a tax deed application already exists, the
property is worthless, etc.). Do
your research before investing.
Are County Held Certificates available for purchase?
Yes. However, the following tax certificates that
have been issued to Broward County must remain with Broward County:
x
Those representing less than $100 in delinquent tax
es on property that has been granted
homestead exemption
.
x
Parcels upon which an application has been made and has been approved for the Tax Deferred
Program
.
x
Those representing delinquent taxes on a subsurface right
.
Click here to view/download the 2005 C
ounty Held Certificate Listing (.pdf)
--
39 kb
:
http://www.broward.org/revenue/coheld_2005.pdf
Click here to view/download the 2006 County Held Certificate Listing (.pdf)
--
76 kb
:
http://www.broward.org/revenue/coheld_2006.pdf
Click here to view/download the 2007 County Held Certificate Listing (.pdf)
--
70kb)
:
htt
p://www.broward.org/revenue/2007_coheld.pdf
(Requires Adobe Acrobat Reader)
What rights to the property does a certificate owner have?
None. You have not purchased property.
A tax certificate is an investment. This investment does not convey any rights
or ownership to the
ce
rtificate holder. Please note:
Broward County does not guarantee eventual payment of tax certificates.
Rogue Tax Sale Investor
-
230
-
What is the r edempti on period of a tax certificate?
The property owner can redeem a certificate at any
time until the property is
sold at a tax deed sale
or
until the certificate has expired (7 years after the date
of issuance).
Can I pay the taxes and own the property?
No. You have not purchased property. A tax certificate is an
investment. This investment does not convey any pro
perty rights or ownership to the certificate holder. A
certificate holder is an investor and the purpose of purchasing certificates is to earn interest on your
investment not to get the property.
Can I borrow the keys or make an appointment with Revenue C
ollection to view the property so
that I can look at it before I bu y?
Revenue Collection is
not
a Real Estate Agency,
does not
have the
keys to the property and knows nothing about the condition of any property. Do your own research! The
Property Appraiser
’s office and their website have USE codes and maps. Revenue Collection can only tell
you about the taxes that are due. Remember: You are trespassing if you go onto the property.
Do liens follow the property?
Government liens always follow the property. I
t is important to research
the payment history and type of property before you bid on certificates.
Are tax certificates always a good investment?
The following possibilities, though not inclusive
,
are
some of the non
-
cost recoverable circumstances that c
ould affect the amount of interest you earn on your
investment and/or the amount of your investment:
x
Owner files bankruptcy (interest could be reduced and/or Trustee will send you $7 per month,
etc.)
.
x
Department of Revenue correction on the taxes
.
x
Court o
rders omitting of taxes
.
x
Assessed value on the property by the Property Appraiser may be in error and not subject to
retroactive correction when the problem is discovered
.
x
Parcel may have had an assessed structure or wood frame home that is subsequently bu
rned
down, damaged or condemned
.
x
Parcel may have had a mobile home on it at the time of the tax certificate sale which has been
removed or destroyed, leaving the property vacant
.
x
A condo is part of a group of buildings that are later condemned, damaged or
destroyed
.
Does Broward County guarantee payment?
Broward County
does not
guarantee eventual paym
ent of
tax certificates. Risks e
xist! You must do your research.
What is the i nterest rate on County
-
Held tax certificates?
T
he interest rate is the maximum
ra
te of
interest allowed by law:
18%.
Can I purchase a County
-
Held Certificat e and right away make a tax deed application ?
You can
only make a tax deed application if the tax certificate is 2 years old.
Is there a limit to how many I can purchase?
No.
Yo
u can purchase as many certificates as you want.
Be sure to do your research for purchasing.
How do I purchase Count y
-
Held tax certificates?
The following are the steps:
1. Obtain a quote. Review the list of available certificates, research the items and
send an e
-
mail request
for quote to
countycerts@broward.org
. Upon receipt of your e
-
mail, Revenue Collection will review the
records to insure the requested certificates are still available and contact you,
via e
-
mail
,
advising the
amount due to complete the certificate purchase(s). Be sure to list property ID number and certificate
number. A "Request to Purchase" form will be provided in the e
-
mail for you fill out. Note: Amount due is
determined by the mont
h in which transfer of certificate is complete, not the month in which the request is
submitted.
2. If you have not previously purchased certificates, you must obtain a bidder number from Revenue
Collection. To do this complete a W
-
9 or W
-
8 form and mail
or bring (faxed or e
-
mailed copies will not
accepted as or
iginal signatures are required)
the completed form along with your original social security
Rogue Tax Sale Investor
-
231
-
or tax id number to our office at Revenue Collection Division, Delinquent Tax Department, 115 South
Andrew
s Avenue, Room A
-
100, Fort Lauderdale, FL 33301. Note: Your original documents will be
returned.
Buyer numbers will not be issued until the time of the actual purchase.
3. If purchasing in the name of a company, you must provide copies of the articles of
incorporation or
other document whereby showing that you are authorized to complete the transaction on behalf of the
company. The signature on the W
-
9 form must be from an officer of the corporation and must state his/
her position with the corporation or
LLC.
4. Return the Purchase form with your payment to our office via mail at Revenue Collection Division,
Delinquent Tax Department, 115 South Andrews Avenue, Room A
-
100, Fort Lauderdale, FL 33301.
How do I pay for the certificates?
Payment for the purc
hase of County Held Certificates is required in
the form of cashier's check or money order payable to: Broward County Revenue Collection
.
Once I request a quote, how long do I have to purchase it?
Certi
ficates will be sold on a first
-
come
,
first
-
served ba
sis to the party whose payment is received first. The quote is only valid until the date given.
The amount due changes on the first of every month and
,
therefore, if payment is not received by the due
date given, a new request for quote will be required.
(6) County
-
Held Certificates List
http://www.broward.org/revenue/coheld_faqs.htm#ch
2005 County Held Certificate
Listing
:
htt
p://www.broward.org/revenue/coheld_2005.pdf
2006 County Held Certificate
Listing
:
http://www.broward.org/revenue/coheld_2006.pdf
2007 County Held Certificate Listing
:
http://www.broward.org/revenue/2007_coheld.pdf
ROGUE INVESTOR NOTE
: The county
-
held tax certificate lists are available on the dat
a CD that
accompanies this book (within the file folder “Tax Sale Lists”).
(7
)
Office Locations
http://www.broward.org/revenue/rvi00310.htm
Governmental Center Annex
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Phone: (954)
831
-
4000
Rogue Tax Sale Investor
-
232
-
CHARLOTTE
COUNTY, FLORIDA
http://www.charlottecountyfl.com
TAX COLLECTOR’S OFFICE
http://www.cctaxcol.com
Vickie Potts, Tax Collector
Phone:
(941) 743
-
1350
(1) Contact
Information
http://www.cctaxcol.com/contactinfo.htm
Punta Gorda Communications Department
410 Taylor Road
Punta Gorda, FL 33950
Phone:
(941) 743
-
1350
Fax: (941) 637
-
2276
Email:
cctaxinfo@co.charlotte.fl.us
(2) Tax C alendar
http://www.cctaxcol.com/calendar.htm
May
:
List of delinquent real estate taxes advertised once per week for three conse
cutive weeks prior to
tax certificate sale in a local newspaper.
June
:
Tax certificate sale for delinquent real estate taxes begins on or before June 1st.
(3
) Delinquent Real Estate Taxes
h
ttp://www.cctaxcol.com/advalorem.htm#Delinquent
Real estate taxes become delinquent on April 1st each year. Florida Statutes require the Tax Collector to
advertise the delinquent parcels in a local newspaper once a week for three consecutive weeks foll
owing
the payment deadline. Advertising and collection fees are added to the delinquent taxpayer's bill.
Beginning on or before June 1st, the Tax Collector is required by law to hold a Tax Certificate Sale. The
certificates represent liens on all unpaid r
eal estate properties. The sale allows citizens to buy certificates
by paying off the owed tax debt. The sale is conducted in reverse auction style with participants bidding
downward on interest rates starting at 18%. The certificate is awarded to the lowe
st bidder.
A tax certificate, when purchased, becomes an enforceable first lien against the real estate. The
certificate holder is actually paying the taxes for a property owner in exchange for a competitive bid rate
of return on his investment. In order
to remove the lien, the property owner must pay the Tax Collector all
delinquent taxes plus accrued interest, penalties and advertising fees. The Tax Collector then notifies the
certificate holder of any certificates redeemed and a refund check is then iss
ued to the certificate holder.
A tax certificate is valid for seven years from the date of issuance. The holder may apply for a tax deed
when two or more years have elapsed since the date of delinquency. If the property owner fails to pay the
tax debt, th
e property tax deed is sold at public auction.
(4) Tax C ertificate Sale Brochure
http://www.cctaxcol.com/images/certsale.pdf
When do real estate taxes become delinquent?
Real estate taxes beco
me delinquent April 1st each
year. Example: 2006 taxes become delinquent
April 1, 2007. At that time, 3% interest is added to
the
gross amount.
Rogue Tax Sale Investor
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233
-
Are delinquent taxes advertised?
Yes. A list of all real property with delinquent taxes
is advertised once
awe
ek for three consecutive
weeks in a local newspaper. The advertisement
specifies the place, date,
and time of the Tax
Certificate Sale.
What is a tax certificate?
A tax certificate represents a lien on real property
and bears interest at a
m
aximum rate of
18% per
year. The cost to purchase a certificate is listed
beside each parcel in the
delinquent advertisement,
and includes gross tax, interest, advertising cost,
and the cost of the Tax
Certificate Sale.
What is a tax certificate sale?
On the advertised
day and time, the Tax Collector
auctions and sells a
tax certificate on each
delinquent parcel. Since the taxes on some parcels
will have been paid prior to the
sale, those parcels
that appeared in the newspaper advertisement will
be skipped. Bidding begi
ns at 18%
and the
certificate is sold to the person bidding the
lowest
annual interest rate.
What if there are no bidders?
If there are no bidders for a certificate, it is issued to
the County at 18%
interest.
How are tax certificates redeemed?
In order
to clear the tax property of the tax
certificate lien, the
property owner must pay the
amount of the tax certificate plus the rate of interest
at which the certificate
was sold, calculated from
the month of the sale to the month of the
redemption with a 5%
minimum
unless the bid was
0%. If the bid was 0%, there will be
no
interest
accrued. When a tax certificate is
redeemed, on or
after June 1, a $6.25 redemption fee is also charged.
After redemption, the certificate
holder receives the
amount invested plus
interest. Please note that
interest earned is taxable and must be
reported to
the IRS. Each January, an IRS 1099
-
INT form is
sent to each certificate holder for earnings in
the
previous year.
What if the ce rtificate is not redeemed?
If the certificate is
not redeemed within two years
from the date
the tax became delinquent, the
certificate holder may apply for a tax deed, and
bring the land to sale at a
public auction. Example:
2006 taxes became delinquent April 1, 2007;
therefore, a tax deed application
may be made after
April 1, 2009. A certificate holder who wishes to
apply for a tax deed must redeem all
the other
certificates and pay other fees as mandated by state
law.
What happens at the land sale?
If the land goes to a public sale, the starting bid
is the total amount of
the tax deed application.
When the property is assessed on the latest tax
roll as homestead property, the
starting bid also
includes one
-
half of the assessed value of the
property as listed on the current year’s tax
roll.
The highes
t bidder will receive a tax deed from
the Clerk of the Circuit Court. This is not the
same as
a Warranty Deed as more steps may be
necessary to obtain a clear title. If there is no
action commenced
by the former owner within
4 years of the tax deed being i
ssued, then the owner
will have clear title to the
property. If the applicant
is not the highest bidder, he/she will be reimbursed
for the total amount paid at
the time of the
application plus 1 1/2% interest per month from
application. Any difference betw
een the
highest bid
and the amount paid in the application is sent to the
property owner by the Clerk of the Circuit
Courts
office.
The 1999 Legislature amended the process for
obtaining tax deeds for real property by holders of
tax sale
certificates, sec
tion 197.502, Florida
Statutes, effective May 26, 1999. See Chapter
99
-
190, Laws of
Florida (see Senate Bill 1534,
sections 3
-
5). As described below, portions of this
law apply only to
property that is on the list of lands
available for taxes upon which th
ere are no
outstanding tax sale
certificates that were issued
prior to July 1, 1999 (see Senate Bill 1534, section
8).
This new law changes the start date for determining
the 90
-
day period during which the county may
purchase land from the list of lands a
vailable for
taxes. Under prior law, this 90
-
day period began
the day
after the public sale. Under the new law,
this 90
-
day period begins when the land is place
d
on
the list of
lands available for taxes.
This new law changes the period of time before land
will escheat to the county,
from seven years from
the day the land is offered for public sale to three
years from the day the land is
offered for public
sale. See section 197.502 (8), Florida Statutes
(1999).
Can a property owner stop a land sale?
Yes. Th
e owner of the property can prevent the loss
of the
land by paying all accrued taxes, costs, and
interest at any time before the tax deed is issued.
Rogue Tax Sale Investor
-
234
-
What is the life of a tax certificate?
The life of a tax certificate is seven years from the
date of issua
nce.
If the certificate holder does not
apply for a tax deed within the seven years, the
certificate is null and
void.
Is this a risk free investment?
No, although a secure investment in most cases, as
with any investment,
there is an element of risk.
The
re are t
hree possible risks to consider:
1.
If there is a correction to the original taxes
levied which would decrease the certificate
value or
cancel the certificate, the law provides
for the portion in error to be refunded to the
certificate
holder with 8
% interest or rate of
interest bid, whichever is less, per annum
calculated monthly to
the date of cancellation
or correction.
2.
If the property value drops significantly in
subsequent tax years, it may cost more to bring
the
property to sale than the value
gained by
owning the property.
3.
If the landowner enters into bankruptcy, the
certificate holder is prevented from enforcing
the lien
until the bankruptcy is released. In one
instance, the bankruptcy court lowered the
interest rate
and ordered payments to
be made
over a five year period.
Are the county’s certificates available for purchase?
Yes, c
ounty
-
held certificates are available for
purchase in the Tax Collector’s office. When
someone buys a county certificate, the lien is
transferred to
the buyer. Th
e purchase price is
the amount of the original certificate plus
interest due to the date of
purchase, plus $6.25
administrative fee. The interest rate of the
purchased certificate is 18%. Anyone
interested in purchasing county certificates
should call the
Delinquent Tax Department.
How do I become a bidder?
Beginning May 1st bidders may register online.
A link will be provided from
our website at
http://www.cctaxcol.com
. A registration form
must be completed online
for each bidder,
with
name, address, pho
ne number, and tax
payer
identification or social security number.
For further information regarding
the Tax Certificate Sale, please
contact the Delinquent Tax
Department
at (941) 743
-
1356 or
visit us on the web at:
http://www.cctaxcol.com
.
(5) Tax D eed Brochure
http://www.cctaxcol.com/images/deed.pdf
Florida Statutes provide that the Clerk of the
Circuit Court is re
sponsible for the
administration of tax deed
sales.
How can a tax certificate be brought to sale?
If a certificate is not redeemed within two years
from the
date the taxes became delinquent; the
certificate holder may apply for a tax deed, and
bring the l
and to
sale at a public auction.
Example 2006 taxes are delinquent April 1,
2007; therefore, a tax deed
application may be
made after April 1, 2009. A certificate holder
who wishes to apply for a tax deed must
redeem all other certificates and pay other fe
es
as mandated by state law. For further
information on tax
certificates contact
Charlotte County Tax Collector at 941
-
743
-
1356.
What is a tax deed sale?
A tax deed sale is the sale of property at public
auction for back taxes and fees
associated with
bri
nging the property to sale.
How do I purchase a tax deed propert y at a tax deed sale?
All properties are sold at the Punta Gorda
Justice Center at a public auction after notice
published in the newspaper. Anyone may bid
on the
property and it is sold to t
he highest
bidder. The total amount of bid, plus recording
fees must be received
by the Clerk within 24
hours after the sale. Payment must be
made by cash, cashier’s check or money
order only. Please make payable to Clerk
of Circuit Court.
How is the star
ting bid obtained?
The starting bid, otherwise called base bid, is
calculated from the following charges:
Rogue Tax Sale Investor
-
235
-
Tax Collectors Fee . .$75.00
Taxes & Interest ... .$(varies)
*Ownership & Encumbrance Report $65.00
*Clerk’s Statutory Fee . .$60.00
*Advertising Charge ... $(varies)
**Postage . .$(varies)
**Sheriff’s Fee ... $20.00 per person served
Additional Interest ..(1.5% per month figure
above)
1/2 Assessed Value .. $(varies)
(if Homestead Property)
Starting Bid
=
Total of Above
* These fees are fixed fees for each property
** These fees depend on the number of
individuals to be notified.
Is the owner of the property sent a notice that the propert y is being sold?
Yes. Florida Statute
197.522 requires the
Clerk of the Circuit Cour
t to send a notice to
the owner of record and any lienholder
of
record.
1.
The owne
r is sent a Warning Notice which
contains the date and time of the sale, by
certified
mail.
2.
If the owner resides in the State of Florida,
the sheriff of the county where the o
wner
resides
attempts service of a Warning
Notice on the owner.
3.
A notice of Application for Tax Deed, which
states the date and time of the sale and the
amount
to redeem the property is mailed along
with each Warning Notice.
4.
The Notice of Application is pu
blished once
each week for four consecutive weeks at
weekly
intervals in a newspaper selected as
provided in s.197.402. No tax deed sale shall
be held until
thirty days after the first
publication of the notice.
What happens if I am the high bidder?
Once
all fees have been paid, a Tax Deed is issued
and
recorded in the name you request for the
property on which you were the high bidder.
According to
Florida Statute 197.562, “Any person,
firm, corporation, or county that is the grantee of
any tax deed
under
this law shall be entitled to the
immediate possession of the lands described in the
deed.”
Can a tax deed sale be stopped?
Yes. According to Florida Statute 197.422, tax
deed property may be
redeemed anytime prior to the
recording of the tax deed if all
back taxes and fees
are paid to the Tax
Collector.
Do liens survive the issuance of a tax deed?
You may wish to consult your attorney. Florida
Statute
197.552 provides, in part, “
except as
specifically provided in this chapter, no right,
interest, restr
iction,
or other
covenant
shall survive
the issuance of a tax deed, except that a lien of
record held by a municipal
or county government
unit, when such lien is not satisfied as of the
disbursement of proceeds of sale
under the
provisions of s.197.582, sh
all survive the issuance
of a tax deed
Now that I have a tax deed what must I do?
There may be additional activities that are necessary
in order to obtain marketable title. However, this
question cannot be answered by the Tax Collectors
Office. You may
wish to contact your attorney for
further information
What happens when there are no bidders at the county tax deed sale?
The property goes on the list
of “Lands Available
for Taxes” pursuant to Florida Statute 197.502. The
1999 Legislature amended the
pr
ocess for obtaining
tax deeds for the real property by holders of tax sale
certificates, section 197.502,
Florida Statutes,
effective May 26, 1999. See Chapter 99
-
190, Laws
of Florida (see Senate Bill 1534,
sections 3
-
5). As
described below, portions of th
is law apply only to
property that is on the list of lands
available for
taxes upon which there are no outstanding tax sale
certificates that were issued prior to July
1, 1999
(see Senate Bill 1534, section 8).
This new law changes the start date for dete
rmining
the 90
-
day period during which the county may
purchase land from the list of lands available for
taxes. Under prior law, this 90
-
day period began
the day
after the public sale. Under the new law,
this 90
-
day begins when the land is placed on the
li
st of lands
available for taxes.
This new law changes the period of time before land
will escheat to the county, from
Rogue Tax Sale Investor
-
236
-
seven years from
the day the land is offered for public sale to three
years from the day the land is offered
for public
sale. See section
197.502 (8), Florida Statutes
(1999).
(6) 2008 Tax Certificate Sale
http://www.charlottetaxsale.com
ROGUE INVESTOR NOTE
: The Charlotte County tax sale is conducted on the Internet by Real Auction
(see Int
ernet Auction Information at the end of the Florida section). Visit this website for Bidding Rules,
Training, Registering, and Previewing Items for Sale. Note:
The list for the 2008 tax certificate auction will
be available early in May of 2008.
(
7
)Downl
oad Forms
http://www.cctaxcol.com/forms.htm
Bidder Registration Form for Tax Certificate Sale only
:
http://www.cctaxcol.com/_private/regis.txt
.
Please
print, fill out, mail or fax to 941
-
743
-
1364
.
CLERK OF THE CIRCUIT COURT
http://www.co.charlotte.fl.us/clrkinfo/clerk_default.htm
Barbara Scott, Clerk of the Circuit Court
Charlotte County Justice Center
350 E. Marion Avenue
P.O. Box 511687
Punta Gorda, FL 33951
-
1687
Phone:
(941) 637
-
2199
Email:
CasWeb@co.charlotte.fl.us
(1) Clerk Phone Directory
http://www.co.charlotte.fl.us/clrkinfo/contactUS/phoneDirectory.htm
Tax Deeds phone: (941) 637
-
2130
(2) Tax D eeds
http://www.co.charlotte.fl.us/clrkinfo/information/taxDeeds.htm
Remember, this is
a Buyer Beware
sale!
Arrive a few minutes before 9:00 a.m. at Room 3
-
E at the Justice
Center. The bidding for each property will start with the opening bid. There will be n
o questions answered
after the sale begins. All parties are asked to refrain from conversation while a sale is being conducted.
If you are the successful bidder, you must remain for the duration of the sale and then go to the second
floor Records Departme
nt for
the exact total you must pay.
Your bid amount and all fees for recording
your deed must be paid within 24 hours.
In accordance with Section 197.542(2), F.S., on all Tax Deed Applications made on or after October 1,
2001, the high bidder shall post
with the Clerk a non
-
refundable cash deposit of $200 at the time of the
sale to be applied to the sale price at the time of full payment.
Background Information on Sale of
Tax Certificates for Unpaid T
axes (Section 197.432, F.S.)
Taxes become delinquent
April 1st of each year. At that time, the Tax Collector begins prepa
ring the tax
certificate sale.
A tax certificate is sold for a
ll taxes not paid by June 1st.
A tax certificate is a
tax lien
against the property.
The certificate holder does not have any
rights to the prope
rty.
If no individual
purchases a certificate on a piece of property at the certificate sale, the County assumes the certificate.
There are two types of tax certif
icates: individual and County.
The owner or interested party may redeem
t
he certificate at any time by paying to the Tax Collector the delinquent taxes and interest ear
ned by the
certificate holder (Section 197.472, F.S.).
The tax certifica
te has a life of seven years (
Section 197.482,
F.S.)
.
Rogue Tax Sale Investor
-
237
-
If a certificate is not redeemed,
the certificate holder may force the issue by ma
king application for tax
deed.
A certificate must be two years old to be eligib
le for a Tax Deed application.
(For county held
certificates, the Board of County Commissioners makes
application for the Tax Dee
d.)
The application
process must begin
in the Tax Collector’s Office.
The Tax Collector prepares the necessary paperwork
(which includes the Tax Collector’s Certificate and a legal description of the property) and forw
ards it to
the Clerk’s Office.
The Cle
rk’s Office prepares the legal advertisement for the newspaper, the certified
mailing of notices of the pending sale, the civil process to be served by the Sheriff’s Office, the calculation
of the opening bid, answers questions from the public, and waits f
or the sa
le.
The owner or interested
party may redeem right up until the recording of the Tax Deed.
(3) Tax D eed Frequently Asked Questions
http://www.co.charlotte.fl.us/cl
rkinfo/information/taxDeedsFAQ.htm
What is a tax deed sale?
A tax deed sale is a public auction where real estate is sold to recover
delinquent property taxes. (This is governed by Chapter 197 of the Florida Statutes, and Administrative
Code 12D
-
13.060,
Florida Department of Revenue.)
Who conducts the tax deed sale?
A deputy clerk employed by the Clerk of the Circuit Court conducts
the sale or public auction in accordance with Section 197.502(5), F.S.
When and where are the tax deed sales held?
Tax Dee
d Sales are generally held every Tuesday and
Thursday
at 9:00 a.m. except holidays at the Charlotte County Justice Center in Punta Gorda.
Where can information about upcoming sales be obtained?
The Tax Deed Sales are advertised i
n
the Sarasota Herald Trib
une.
The Clerk of the Circuit Court is required by Florida Statutes to advertise
each sale once a week for four consecutive weeks prior to the
public auction (Section 197.512[1], F.S.)
You can purchase copies of the legal ads, which include the opening bid
s, from the Clerk of the Circuit
Court’s office at a cost of $1.00 per page.
What liens or encumbrances survive against a property after it is sold at a tax deed sale?
Governmental liens and judgments survive the issuance of a tax deed and are satisfied t
o the fullest
extent possible with any
overbid monies from the sale.
Governmental liens, not satisfied in full, survive
the issuance of a tax deed and wil
l remain against the property.
Records can be researched by clicking
here:
http://www.co.charlotte.fl.us/browser_detect_OR.htm
.
Can the property owners stop the property from being sold for taxes?
The property owner or
mortgage holder can redeem the property from the Tax Deed Sale by pay
ing the amounts owed to the
Tax Collector and the Clerk of the
Circuit Court.
The total redemption is collected in th
e office of the Tax
Collector.
(Many of the properties advertised for the sale will be redeemed and will not be auctioned.)
If I am the su
ccessful bidder at the sale, what do I need to do?
According to the office policy, as the
successful bidder you are asked to remain until the auction is complete and then report to the se
cond
floor Records Department.
You will be given a slip with the exac
t calculat
ions for the total amount due.
This total will include your bid amount and the
fees to record your Tax Deed.
The money must be brought
back to the Clerk of the Circuit Court’s Offic
e within 24 hours of the sale.
(Payment can be made by cash,
cert
ified funds or a personal check drawn on a local bank.)
What if I am the successful bidder and fail to return with the payment?
The property will be re
-
advertised one time, and must be scheduled for sale within 30 days.
Section 197.542(1), F.S. states:
The Clerk may refuse to recognize the bid of any person who has previously bid and refused, for any
reason, to honor such bid.” Therefore, those individuals would not be allowed to bid at any future Tax
Deed Sales.
Do I get a clear title with a tax deed?
All properties sold at a Tax Deed Sale qualify under
“buyer
beware
.
The purchase of a Tax Deed Sale does not warrant or guarant
ee clear and marketable title.
Note:
Most title companies require the property to go through a quiet title lawsuit for the prop
erty to be
able to have title insurance issued on property bought by Tax Deed Sale.
Rogue Tax Sale Investor
-
238
-
What are some things that I should know before the sale?
In order to participate in the bidding
process, you must arrive a few minutes prior to 10:00 a.m. You or your rep
resentative must be physically
present at the sale in order to bid on the property. It is highly recommended that you research the
properties prior to the sale day in order to understand what you are purchasing at the sale. (You should
research for liens
, zoning, restrictions, etc.)
If I am the successful bidder at a tax deed auction, am I entitled to immediate possession of the
propert y after a tax deed has been issued to me?
Section 197.542, F.S. states:
“Any person, firm,
corporation, or county that i
s the grantee of any Tax Deed under this law shall be entitled to the
immediate possession of th
e lands described in the Deed.
If demand for possession is refused, the
purchaser may apply to the Circuit Court for a Writ of Assistance upon five days’ notice
directed to the
person r
efusing to deliver possession.
Upon service of the responsive pleadings, if any, the matter shall
proceed as in c
hancery cases.
If the court finds for the applicant, an order shall be issued by the court
directing the Sheriff to pu
t the grantee in possession of the lands.”
How is the amount of the opening bid determined?
If the property is not homestead property, the
amount of the opening bid equals the total of unpaid taxes and interest, the Tax Collector’s administration
fees, th
e Clerk of the Circuit Court administration fees and expenditure fees required by the Florida
Statutes to bring the property to delinquent tax sale. If the property is homestead property, half of the
assessed value from the tax roll is added to the above a
mounts for the total opening bid.
How long does it take to receive the tax deed?
You should have your Tax Deed within 7 to 10 days
from the sale date.
Where can I obtain information regar ding the sale of tax certificates?
Tax c
ertificate information can
be obtained fr
om the Tax Collector’s Office.
The phone number for the Tax Collector is 941
-
743
-
1356 or
743
-
1354, or visit their website at
http://w
ww.cctaxcol.com
.
MIAMI
-
DADE COUNTY, FLORIDA
http://miamidade.gov
TAX COLLECTOR
http://www.miamidade.gov/taxcollector
(1) Contact Information
http://www.miamid
ade.gov/taxcollector/contact.asp
Fernando Casamayor
, Tax Collector
140 W. Flagler Street, Suite 1407
Miami, FL 33130
-
1575
Phone: (305) 375
-
5762
Email, Property Taxes:
proptax@miamidade.gov
Maresa
Cain,
Chief
Property Taxes Section
140 W. Flagler Street, Suite 1403
Phone: (305) 375
-
5452
Email:
mcain@miamidade.gov
Fax: (305) 375
-
4601
(2) Tax C ertificate Sales
General Information
http://www.miamidade.gov/taxcollector/property_tax_certificate_sales.asp
Beginning on or before June 1, the Tax Collector is required by law to hold a Tax Certificate Sale. The tax
certificate re
presents a lien on unpaid real estate properties. Interest accrues on the tax certificate from
June 1 until the taxes are paid. The amount of the certificate is the sum of the unpaid real estate tax and
the non
-
ad valorem assessments, penalties, advertisin
g costs and fees.
Rogue Tax Sale Investor
-
239
-
Exceptions:
Tax certificate
s are not sold on parcels with h
omestead exemption with taxes less than
$100.00
Tax Certificates are not knowingly sold on parcels involved in bankruptcy or litigation. If bankruptcy or
litigation occurs after
a certificate is issued, the court may determine the amount of interest to be paid.
Bankruptcy and litigation may extend the life of a certificate and places an automatic stay on the Tax
Deed Application process.
Tax Deed Applications:
Any time after two
years have elapsed since April 1 of the year of issuance of
the tax certificate and before the expiration of seven years from the date of issuance, the tax certificate
holder is entitled to submit a tax deed application. The tax deed application must be su
bmitted between
the 1st and 10th of the month with required documentation and payment.
Tax deed applications will not be accepted prior to April 1st on tax certificates issued as result of this sale.
The tax deed applicant must pay all fees and the cost
of the ownership and encumbrance report
pertaining to each tax deed application in accordance with Florida Statutes.
Transfer/assignments for tax deed applications must be submitted before the 10th of the previous month
to allow for processing and updat
e(s) to monthly reports.
The Applicant is not guaranteed title to the property. This will be determined by the Tax Deed Section of
the Miami
-
Dade Clerk of the Court
(
http://www.miami
-
dadeclerk.com/da
decoc
)
upon completion of the tax
deed foreclosure sale.
Reports:
There are three standard reports produced by the Public Access Unit. Two reports are specific
to the upcoming sale, and one report presents ongoing data:
x
Advertising file (upcoming sale c
ertificates)
x
Delinquent file (upcoming sale certificates)
x
Delinquent file (all certificates).
Ad hoc reports may be created depending upon time available and agreement on price. Anyone
requesting special programming should contact Public Access as soon a
s possible to determine a cost
and delivery estimate.
Reports are typically available in three to five working days. However, as the Tax Certificate Sale
approaches, the Public Access Unit may be able to shorten the production time to as little as one wor
king
day. To request a report, contact the Public Access Unit:
x
Requests by phone: (305) 596
-
8148
x
Requests by fax: (305) 596
-
8072.
Each report is available on CD for a price of $120. MasterCard, Visa, or checks are accepted; no cash,
please. Payment is ex
pected at the time of pickup, or prior to mailing.
Delivery options:
x
Reports may be picked up at our site (5680 SW 87th Avenue).
x
Delivery may be charged to the customer's FedEx account.
x
The Public Access Unit can arrange delivery at $20 for 2
-
day deliver
y, or $30 for priority overnight
delivery.
Rogue Tax Sale Investor
-
240
-
(3) Tax C ertificate Sales
General Information
http://www.miamidade.gov/taxcollector/property_tax_certificate_welc
ome.asp
Dear Tax Certificate Buyer,
Welcome to the 2007 Tax Certificate Sale. Building on the success of our three previous sales, Miami
-
Dade County will again conduct its annual tax sale via the Internet. Electronic bidding has increased the
speed and
efficiency of the tax certificate sale and the associated revenue collection. These funds are
distributed to the various taxing authorities and used to provide essential services that benefit our
communities.
The online tax auction was designed to ensure
fairness, while allowing for increased access and
competitiveness in the sale of tax certificates. Unlike an in
-
person sale, the electronic sale offers investors
the opportunity to access relevant property information and enter their bids directly on one
website.
This
year sale buyers in a bidder group wishing to transfer and consolidate certificate holdings under one
buyer number will be able to request the transfer and pay the appropriate fees electronica
lly using the
auction website.
Please take a momen
t to read through the auction procedures available here a
s well as
the auction website.
All bidders are required to complete a registration process online and post a deposit
in order to participate in the sale.
We appreciate your participation and hope yo
u become a successful bidder. Feel free to contact our
office at 305
-
375
-
1829, or e
-
mail us at
taxsale@miamidade.gov
with any questions.
(4
)
2007
Tax Certificate Sale Information
http://www.miamidade.gov/taxcollector/property_tax_certificate_info.asp
Florida Statutes require the Tax Collector to conduct a sale of tax certificates on parcels on which taxes
are delinquent fo
r the
preceding
year on or before June 1 each year.
Delinquent real estate taxes are advertised in a local publication of general circulation once a week for
three consecutive (3) weeks be
fore the tax certificate sale.
Parcels with unpaid taxes as of Apr
il 1, 2007
will be advertised May 3, 10 and 17, 2007. The list will be available on this web site, the Miami
-
Daily
Business Review
web site at
www.dailybusinessreview.com
, as well as our auction web site
at
www.BidMiamiDade.com
.
Below is a list of electronic files that constitute the same list that is pub
lished in the local newspaper.
All
files require that you have Adobe Acrobat Re
ader installed on your PC;
a
free download of Adobe
Acrobat Reader is available
from
the software publisher.
Access times for these files will vary depending on your internet connection (cable, ISDN, DSL, or 56KB
modem), time of day (amount of internet traffic), internet servic
e pr
ovider, and other factors.
To test your
system, you may want to work with the smal
lest file first,
to get
an idea of the processing time,
before
working with the larger files.
When you click on the link, your system should start Adobe Acr
obat Reader and
open the file.
You should
be able to scroll through the file and, if you wish,
print.
You may also save the file to your system, but
remember that the process will require space on your system drive and may take a while.
For each delinquent tax parcel, th
e newspaper advertisement contains the sequential advertising number,
the 13
-
digit folio number, delinquent tax amount
and the property owner’s name.
To research the folio
nu
mber, use the following formula
[see Rogue Investor note below]
.
Tax certificates
represent a first lien of real estate and bear interest at a maximum rate allowed by law of
18% unless th
e bidder demands a lower rate.
All purchases go to the bidder who will a
ccept the lowest
interest rate.
Upon redemption, the taxpayer pays the face am
ount of the certificate toget
her with any
accrued interest.
However, when a tax certificate is redeemed and the interest earned on the tax
certificate is less than 5% of the face amount of the certificate, then a mandatory charge of 5% is
collected when re
deeming the certificate.
Rogue Tax Sale Investor
-
241
-
In Florida, real estate taxes become a first lien on January 1 although they are due payable beginning
November 1 of that year. If these real estate taxes are not paid on or before March 31 of the following
year, they become delin
quent April 1.
If there are no bidders for the tax certificate, the certificate is struck off (issued) to Miami
-
Dade County
and is retained in possession of the Tax Collector. Also, a tax certificate representing less than $100.00 in
delinquent taxes on p
roperty that has been granted homestead exemption shall be struck off to Miami
-
Dade County
.
Any tax certificate stuck off to the county shall accrue interest at the maximum rate allowed
by law (18%).
County certificates, other than those relating to homes
tead real estate under $100.00, can be purchased
directly from Tax Collector. The certificates on homestead real estate under $100.00 can be purchased
from the county when the certificates and the accrued interest represent
an amount of $100.00 or more.
Fo
r each certificate purchased and each omitted year, the Tax Collector shall receive a fee of $6.25.
Payment must be made at the time of purchase for costs incurred.
Individual certificates issued are transferable by endorsement at any time before they are
redeemed or
a
tax deed is executed.
A tax certificate transfer form may be obtained fr
om the Tax Collector’s office.
The
assignment must be returned and recorded w
ith the Tax Collector’s office.
There is a fee of $2.25 for
each transfer.
If necessary, pr
ior to closing the 2007 Tax Certificate Sale, all County held certificates available after the
2007 Tax Certificate Sale batches close will be offered for purchase in one supplemental batch through
the Tax Collector’s auction website at
www.BidMiamiDade.com
. The supplemental sale will include items
advertised for the 2007 sale that were removed as paid and then subseque
ntly had the payment
canceled.
The list of available certificates will be posted one week prior
to th
e sale on the auction website.
All certificates will be offered in one b
atch at an interest rate of 18%;
if more than one purchaser wishes to
buy a particular county held certificate, the auction software will randomly assign the certificate when the
batch closes at 10:00 a.m. EDT. Payment for certificates shall be via ACH (Automated Clearinghouse)
and payment in full shall be due by 5:00 p.m. EDT the day of the sale.
Any tax certificate can be cancelled if errors, omissions o
r double assessments are
made.
An error in
assessment results in a change in the f
ace amount of the certificate.
In the event an error is discovered,
the tax certificate may be cancelled or corrected by the authorit
y of the Department of Revenue.
In this
case, the corrected porti
on or the cancellation shall earn interest at the rate of 8% per year, simple
interest, or the rate of interest bid at the certif
icate sale, whichever is less.
The interest is calculated from
the date the certificate was purchased until the date the refund
is ordered.
If, after purchase, a tax certificate becomes involved in a bankruptcy, it is the certificate holder’s
responsibility to seek legal counse
l to protect their investment.
During bankruptcy proceedings the court
may order the collection stayed u
ntil such time as the court enters a final order. While the bankruptcy
court generally upholds the validity of the tax certificate, in many cases the court may allow partial
payments over time and may reduce the interest rate payable to the certificate hol
der.
The issuance of a tax certificate on a parcel does not entitle the buyer to the property. The holder of a tax
certificate may not directly, through an agent, or otherwise initiate contact with the owner of property upon
which he or she holds a tax ce
rtificate to encourage or demand payment until two years have elapsed
since April 1 of the year of issuance of the tax certificate. The redemption of a tax certificate can only take
place at the Tax Collector's Office.
At any time after two years have ela
psed since April 1 of the year of issuance of the certificate and before
the expiration of the seven years from the date of issue, the individual certificate holder may submit a tax
deed application to the Tax Collector. Any certificate holder making appli
cation for a tax deed, shall pay
the Tax Collector an application fee, a title search fee and all amounts required for redemption or
purchase of all other outstanding tax certificates, interest, omitted taxes, and delinquent taxes relating to
the real esta
te. A parcel assessed as homestead property on the current tax roll will have the amount
equal to one
-
half of the current assessed value added to the opening bid. The tax deed is publicly
auctioned by the Clerk of the Court and issued to the highest bidder
. Pursuant to Florida Statutes 197.502
Rogue Tax Sale Investor
-
242
-
and 197.542, the tax deed applicant will be required to pay the one
-
half assessed value on homestead
property if there are no other bids in or to retain the tax deed.
ROGUE INVESTOR NOTE:
See web page
for the
formula
to research the folio number; and
to download
the following
files: Improvement Liens, Prior Year Taxes, Current Year Taxes
City of Miami, Current
Year Taxes
Muni’s 02
-
36
,
and
Current Year Taxes
Unincorporated Dade (1)
(3).
(
5
) Tax Certificate Sa
les Procedures
http://www.miamidade.gov/taxcollector/property_tax_certificate_procedures.asp
The Tax Certificate Sale is conducted
online as an Internet auction
.
The web address for the sale is
www.BidMiamiDade.com
. Bidders will be able to view the parcels and begin submitting bids once the
advertised lists of delinquent taxes are published in the Miami Daily Business
Review that is scheduled
for May 3, 2007.
The Miami
-
Dade County Tax Certificate Sale begins on June 1, 2007 at 8:00 a.m. EDT
.
Thereafter, the
tax sale will begin each business day until all tax certificate
s have been offered for sale.
Certificates will
be
sold individually and will be divided in batches of approximately 1,000 to 2,000 available for sale each
hour. Batches will close each hour from 9:00 a.m. EDT to 5:00 p.m. EDT.
Public access for computers to access the sale will be at the South Dade Gove
rnment Center, 2nd Floor
Conference Room, 10710 Southwest 211th Street, Miami, Florida. Bidders must call 305
-
375
-
1829 if they
require the use of a computer.
Registration:
All prospective buyers must be registered and be assigned a buyer number b
efore the
y
can enter any bids.
Buyer numbers are assigned after a prospective buyer completes the online
registration process and IRS Form W
-
9 at
www.BidMiamiDade.com
. Bidders who have been assigned a
buyer number for a
prior year’s sale will be assigned that same number provided all registration
information including name and taxpayer identification number remain the same as in the County’s
existing records; if not, a different buy
er number may be assigned.
Only one bidd
er number may be
assigned to each taxpayer identification number.
Foreign b
uyers must have an international taxpayer identification
number (ITIN) in order to bid.
IRS Form
W
-
7 must be completed and filed with the Internal Revenue Service in order to obtai
n an ITIN.
Deposit Requirement:
All bidders will be required to post a deposit prior to the sale that is equal to 10%
of their intended purchases with a minimum deposit of five thousand dollars ($5,000.00) require
d.
Deposits must be submitted electronical
ly via Automated Clearinghouse (ACH) through
www.BidMiamiDade.com
.
Bidders will be limited to purchasing no more than 10 times any deposit
received by the Tax Collector.
Bidders will be allowed to increase their
deposit at any time prior to a batch
closing by submitting an add
itional deposit authorization.
Each distinct bidder number will be requir
ed to
post a separate deposit.
It is suggested that prospective bidders check with their financial institutions prior
to registering as not all accounts allow for the electronic transfer of funds through ACH.
Training:
Training is available to all bidders in seve
ral formats prior to the sale.
There is a self
-
demo and
daily trial auctions on
www.BidMiamiDade.com
.
A prospective bidder can send an e
-
mail to
lienauction@grantstreet.com
or call (800) 410
-
3445, extension 1, to schedule
a guided phone
demonstration.
Prospective bidd
ers needing access to computers may call the Miami
-
Dade County Tax
Collector at (305) 375
-
1829 to schedule use of a computer for training and registration prior to the sale
date.
Bidding Procedures:
In order to facilitate the online sale process, Miami
-
Da
de County will be grouping
the tax sale into batches of approximately 1,000 to 2,000 certifi
cates per batch.
Each certificate in the
batch will be sold individually and in s
equential order as advertised.
The batches will be set based on the
publication of
the advert
ised list of delinquent taxes.
The batches will close hourly beginning at 9:00 a.m.
EDT and continuing until 5:00 p.m. EDT each business day un
til all certificates are sold.
After a batch is
closed, no new or changed bids will be accepted on cert
ificates contained within that batch. No
certificates will be sold out of sequence.
Rogue Tax Sale Investor
-
243
-
Bidders will be able to begin entering their bids into the system for all certificates and all batches
beginning the day that the advertised list of delinquent taxes is pu
blished in the newspaper, which is
currently scheduled for May 3, 2007.
Florida
law provides for a maximum interest rate of 18% and
a minimum of 0% (no interest).
Bids for each
parcel shall be accepted in even and in fractional increments of one
-
quarte
rp
ercentage (¼%) points only.
If you wish to bid on a parcel, you must enter your minimum acceptable rate into the input cell
on the web
site and click the “Submit”
button
prior
to the close of the batch that contains that parcel.
The tax certificate is a l
ien issued to the lowest bidder who will pay the delinquent tax including interest,
cost of sale, advertising and tax
collector’s commission of 5%.
The entered bid is the minimum interest
rate the bidder is willing to accept on the certificate and not nece
ssarily the bid at which th
e certificate will
be awarded.
For example
,
if an entered bid is 4.5% and the next lowest bid is 5%, the certificate would be
awarded to the bidder with the entered bid of 4.5% but
at the winning rate of 4.75%.
The bid entered on
any certificate can be changed, and/or submitted bids can be withdrawn at any point until the batch
contain
ing the certificate is closed.
Only bids that are in “Submitted” status at the time of the batch closing
will be counted. Bidders will not be able t
o see competing bids.
Bid carefully. Bidder cancellations will not be allowed or accepted. All sales are final.
Immediately following the closing of each batch, bidders will be able to review the unofficial results of the
sale and see the winning bid and
bidder on each certificate contained within that batch.
Aw ard of Cert ificates:
After the online sale is completed, the Tax Collector will review the results and
balance the sale, confirming all payments have been received and removing any parcels that ma
y have
been err
oneously included in the sale.
Once the results have been verified by the Tax Collector, a final list
of certificates wil
l be available at the website.
Each winning bidder will receive an email when the list is
available, and will be able to
log back into the web site, review and print a copy of their purchased
certif
icates.
Upon conclusion of the Tax Certificate Sale, the Tax Collector will provide each bidder an
Official List Of Certificates awarded to them. The Official List will be signed
by the Tax Collector and
mailed to the bidders.
Bidders will be required to authorize payment in full electronically via ACH within forty
-
eight (48) hours
after notification
of the final results is sent.
Failure to make payment as required by the Tax Col
lector will
result in the canceling of certificates issued to the non
-
paying bidder and the offering of those certificates
for sale at a subsequent re
-
auction sale.
Returned or Canceled Payments
:
Electronic or ACH payments are conditional payments until h
onored
by the makers financial institution and must be avail
able for immediate withdrawal.
Miami
-
Dade County
Administrative Order 4
-
86 and Section 68.065, Florida Statutes provides that payment shall be canceled
and subject to a fee of five percent (5%) th
e amount of the
returned or canceled payment.
Returned or
canceled payments may result in the revocation of bidding privileges during the sale and/or a cancellation
of any certificates awarded.
Supplemental Sale
:
If necessary prior to closing the 2007 Tax
Certificate Sale, all County held
certificates available after the 2007 Tax Certificate Sale batches close will be offered for purchase in one
supplemental batch through the Tax Collector’s auction website at
ww
w.BidMiamiDade.com
.
The
supplemental sale will include items advertised that were removed as paid and then subseque
ntly had the
payment canceled.
The list of available certificates will be posted one week prior to th
e sale on the
auction website.
All cert
ificates will be offered in one ba
tch at an interest rate of 18%;
if more than one
purchaser wishes to buy a particular county held certificate, the auction software will randomly assign the
certificate when the batch closes at 10:00 a.m. EDT
.
An electroni
c mail message will be sent notifying the
success
ful bidder of their purchases.
Payment for certificates shall be via ACH and payment in full shall
be due by 5:00 p.m. EDT
the day of the sale.
After payment is received and the supplemental sale is
balanced
the successful bidder will receive an Official Listing of Certificates Purchased signed by the Tax
Collector.
Rogue Tax Sale Investor
-
244
-
(
6
) Important Points to Remem ber
http://www.miamidad
e.gov/taxcollector/property_tax_certificate_points.asp
There are inherent risks involved in purchasing tax certifica
tes.
Miami
-
Dade County does not guarantee
the condition of any property
or title with respect thereto.
All risks are borne by the certific
ate holder.
Bid carefully, there will be no cancellations for bidder error, all sales are final
.
The lowest bid rate accepted and buyer number of the successful bidder will be entered into the tax
collection database.
Tax certificates are issued by elec
tronic listing rather than by individual document certificates.
Tax certificates accrue interest from the date of issuance.
Tax certi
ficates have a life of seven
years from the date of issuance.
The Miami
-
Dade Tax Collector’s Office has the right to c
ancel any tax certificate that is improperly issued
in accordance with Florida Statutes.
Tax payments will be accepted on advertised items at any
time prior to the beginning of the tax
certificate
sale on June 1, 2007
.
(
7
) Tax Certificate Sales
Frequen
tly Asked Questions
http://www.miamidade.gov/taxcollector/property_tax_certificate_faq.asp
What is an Internet auction?
An auction in which bids are transmitted and r
eceived through the Internet
using a computer and a web browser.
How is it different from an in
-
person tax sale?
Prior to the I
nternet sale, bidders congregated in a large
room and called out their bids to the auctioneer. An Internet sale allows this proc
ess to be handled
electronically. Each bidder will use a personal ID and
p
assword to log on to the website and enter bids for
individual tax certificates.
What equipment or software do I need to be able to participate?
A bidder must have Internet access
a
nd a web browser (recommended: Internet Explorer 5.0 or later version, Mozilla Firebird 0.7 or later, or
Netscape 7.1 or later). The Tax Collector will supply computers for training/bidding by appointment only.
Will it cost me anything to participate?
The
re i
s no actual cost to participate;
however
,
the Tax
Collector requires a minimum deposit of $5,000 or 10% of intended purchases, whichever is greater, to
be posted through the auction website.
Who will show me how to use the Internet system?
There are t
hree ways to learn how to use the
internet system prior to bidding:
x
Self Demo
Please click the Demo button on the Home page and follow the instructions. The
instructions are designed to lead users through the auction process.
x
Trial Auction
Please cli
ck the Trial Auction button on the Home page. The Trial Auction is a
simulation of a real auction, in which bidders practice bidding and, subsequently, viewing auction
results.
x
Guided Demo
Please send an e
mail to
lienauction@Grantstreet.com
or call (800) 410
-
3445,
extension 1, to receive a guided demo over the phone (which is available only after user
completes the Self Demo).
Rogue Tax Sale Investor
-
245
-
What are the advantages of an Internet tax sale:
If you are a bidder
?
x
E
asy access to underlying property and tax information from multiple public sources.
x
Bids can be submitted in the comfort and privacy of the user’s home or office.
x
An extended time frame during which the bidder can submit and review bids. A bidder does
not have
to worry about being “heard” by an auctioneer.
x
Unofficial results from an auction can be viewed immediately after the auction is over.
For
the Tax Collector?
x
Substantial savings of time and money.
x
Internet platform allows users to bid from any l
ocation with an Internet connection, which can help to
increase the number of bidders and the level of competition.
How do I get started?
x
Register on the website to receive a personal ID and
p
assword.
x
Review the Self Demo, Trial Auction, and/or Guided D
emo.
x
Complete and submit online IRS Form W
-
9.
x
Submit security deposit, as required.
What is a batch?
Batches are auction subgroups of the Advertised List that serve as a means of
organizing tax certificates for the purpose of facilitating bid submission.
Each tax certificate in each
b
atch
is auctioned independently of every other tax certificate and arranged in sequential order with a unique
auction closing time for each b
atch.
When are batches due?
Bids can be submitted on the web site once the Advertise
d List is published on
the Internet, usually in early May. Bids can be withdrawn or altered at any
point up to the closing of the
b
atch.
(
8)
Tax Certificate Sales
More
Frequently Asked Questions
http://www.miamidade.gov/taxcollector/property_tax_certificate_faq_2.asp
What is proxy bidding?
It is a form of competitive sale in which bidders input the minimum interest rate
they are willing to accept for each certific
ate they would like to purchase. At the close of each batch, the
auction system, acting as an electronic agent for each bidder, compares minimum acceptable rates
entered by all bidders for each individual certificate. When there is more than one bidder, th
e final bids
consist of the minimum rates entered by all bidders except the winner, whose final bid will be equal to the
second lowest minimum rate minus 0.25%, unless there is a bid at 0%, in which case the winner will be
awarded at 0%.
In the case of a
tie at the winning bid rate, the system awards to one of the tie bidders through a random
selection process using a random number generator.
In no case will a bidder be awarded a certificate at a rate lower than his specified minimum acceptable
rate.
Ce
rtificates that receive no bids will be struck to the county at 18%.
What happens if the delinquent taxes are paid after my bid is submitted but before the batch
closes?
The tax Collector accepts payments through May 31, 2007
,
so it is possible that you
may have
entered a bid for an item that eventually is not offered for sale. The website is updated daily to reflect all
payments received. If the payment was received prior to the start of the sa
le, the certificate is canceled;
winning bids on certificates
for which taxes have been paid, either before or after a batch closes, will be
invalidated and winning bidders will receive a credit to the unused portion of their budget or a refund.
Rogue Tax Sale Investor
-
246
-
How do I submit my security deposit and pay for certificates purchase
d?
All security deposits and
certificate purchases will be paid via ACH (Automated Clearinghouse) debit.
What is an ACH Debit?
An ACH debit is an electronic funds transfer from your bank account, initiated by
the Tax Collector with your prior authorizatio
n. For more information on ACH, please visit the NACHA, the
Electronic Payments Association at
www.nacha.org
.
Funds must be drawn from a U
.
S
.
financial institution. Some types of money market, brokerage, and/or
trust
accounts cannot accept ACH debits. Please check with your financial institution prior to initiating
payment on the web site.
When do b
idders have to pay the amount due for their purchases?
After the last batch closes, the
Tax Collector balances and revie
ws the results of the sale. The Tax Collector sends certified notice to
each buyer of awarded certificates on June 9th, 2006
.
Bidders have 48 hours from the mailing of that
notice to pay the remaining balance. Final payment must be authorized on BidMiamiDa
de.com by no later
than 5:00 p.m.
on June 13th.
Buyers are also sent an electronic version of the letter on the same date.
What happens if I f ail to pay the balance within the period indicated?
If payment is not received
within the specified time frame,
all certificates awarded will be canceled and offered for resale and deposit
is forfeited.
What happens to my deposit i f I don't win any c ertificates or if my deposit was more than I was
awarded?
In either case, any unused portion(s) of the deposit wil
l be refunded by chec
k or ACH to your
bank account.
Refunds sent via ACH should be received on or about June 22, 2006.
(
9
)
2006 Tax Certificate Sal e Results
ht
tp://www.miamidade.gov/taxcollector/property_tax_certificate_sale_results.asp
The 2006 Tax Certificate Sale, which was conducted online for the third year in a
row, was a continuing
success.
The County sold over 36,000 tax certificates, collecting an e
stimated $162 million in delinquent
taxes. Conducting the auction online as opposed to a physical auction results in significant improvements
and savings that benefit the County and its taxpayers. The results of the 2006 Tax Certificate Sale are as
follows
:
x
The tax sale process was completed in only three days, compared to a month in 2003.
x
In the two years before the online sale, over 8,000 certificates remained unsold, resulting in
delayed revenues for taxing authorities and higher interest rates for deli
nquent taxpayers. In
2006, all available tax certificates were sold (for the third year in a row), and almost all of them at
the low interest rate of 0.25%, resulting in more than $162 million.
x
The number of buyers participating in the sale grew to 3,381 f
rom only 134 three years ago.
x
In years prior to the electronic tax certificate sale, delinquent tax revenues resulting from the sale
w
ere not distributed until July.
Sale revenues are now distributed a full month earlier.
x
The elimination of previous years’
auctioneer fees, room and equipment rental, staff time and
overhead resulted in a significant decrease in the cost of running the auction.
The electronic sale has proven a key component in the fulfillment of our mission to promote change and
performance
excellence.
BIDMIAMIDADE.COM
http://www.bidmiamidade.com
Tax certificate online auction website for Miami
-
Dade County.
For assistance, call Grant Street Group at 800
-
410
-
3445, Contact Auction Support
at
https://www.bidmiamidade.com/main?&unique_id=SAT9JAoBDwEAAEGV6SQ&session=&auction_id=&e
mail_admin_button=go
or vis
it the Tax Collector
's homepage at
http://www.miamidade.gov/taxcollector
.
Rogue Tax Sale Investor
-
247
-
(1) Introduction
https://www.bidmiamidade.com
, then click on “Introduction”
Learn more about t
he tax certificate sale.
(2) Frequently Asked Questions
https://www.bidmiamidade.com
, then click on
FAQ
Frequently asked questions about the tax certificate sale.
(3
)
Documentation
https://www.bidmiamidade.com
, then click on
Documentation
News, notices, user instructions, and legal documents.
Information
News:
https://www.bidmiamidade.com/main?&unique_id=SAT8mwoBDwEAAH4tK10&session=&auction_id=&us
e_this=serve_document&document_id=120
Introduction:
https://www.bidmiamidade.com/main?&unique_id=SAT8mwoBDwEAAH4tK10&session=&auction_id=&vi
ew_introduction_button=Introduction&is_popup=1&focus=1
Instructions:
https://www.bidmiamidade.com/main?&unique_id=SAT8mwoBDwEAAH4tK10&session=&auction_id=&vi
ew_instruct
ions_button=Instructions&is_popup=1&focus=1
FAQ:
https://www.bidmiamidade.com/main?&unique_id=SAT8mwoBDwEAAH4tK
10&session=&auction_id=&vi
ew_faqs_button=FAQ&is_popup=1&focus=1
ROGUE INVESTOR NOTE
: See web page for
links to
legal documents (disclaimer, user agreement and
privacy policy).
CLERK OF COURTS
http:
//www.miami
-
dadeclerk.com/dadecoc
Harvey Ruvin, Clerk
Miami
-
Dade County Courthouse
73 West Flagler Street, Suite # 242
Miami, Florida 33130
Phone: (305) 275
-
1155
(1) Contact Information
http://www.miami
-
dadeclerk.com/dadecoc/Contact_Us.asp
Clerk of Courts email:
recording@miamidade.gov
Tax Collector phone: (305) 270
-
4916
Mortgage/Foreclosure Department
Metro
-
Dade Flagler Building
14
0 West Flagler Street, Suite 1502
Miami, Florida 33130
Phone: (305) 375
-
5943
Website:
http://www.miami
-
dadeclerk.com/dadecoc/Mortgage.asp
Rogue Tax Sale Investor
-
248
-
(2) Tax D eeds Sales
http://www.miami
-
dadeclerk.com/tax
-
deeds/home.asp
140 W. Flagler Street, Room 908, Miami, Florida 33130
Effective October 1, 2001
, at time of sale a $200.00 non
-
r
efundable cash deposit will be required from the
su
ccessful bidder pursuant to
Florida Statute No.
197.542(2). The deposit shall be applied to the sale
price at time of full payment. F
ull payment will continue to be due, as described in the
statute, w
ithin 24
hours from time of sale.
D
isclaimer
: By using
this service, in any form, the user agrees to indemnify and hold harmless the Miami
-
Dade Clerk of Courts and anyone involved in storing, retrieving or displaying this information for any
damages of any type that may be caused by retrieving this
informatio
n over the Internet.
To review the
complete Miami
-
Dade County Disclaimer, follow this link:
http://miamidade.gov/info/disclaimer.asp
.
Tax deed sales lists:
x
May 8, 2008:
http://www.miami
-
dadeclerk.com/tax
-
deeds/tdsales.aspx?SaleDate=05/08/2008
x
April 24, 2008:
http://www
.miami
-
dadeclerk.com/tax
-
deeds/tdsales.aspx?SaleDate=04/24/2008
x
April 16, 2008:
http://www.miami
-
dadeclerk.com/tax
-
deeds/tdsales.aspx?SaleDate=04/16/2008
x
April 10
, 2008:
http://www.miami
-
dadeclerk.com/tax
-
deeds/tdsales.aspx?SaleDate=04/10/2008
x
March 20, 2008:
http://www.miami
-
dadeclerk.com/tax
-
deeds/tdsales.aspx?SaleDate=03/20/2008
x
March 12, 2008:
http://www.miami
-
dadeclerk.com/tax
-
deeds/tdsales.a
spx?SaleDate=03/12/2008
ROGUE INVESTOR NOTE
: The
May 8, 2008 and April 24, 2008 lists are available on the
dat
a CD that
accompanies this book (within the file folder “Tax Sale Lists”).
CITY OF JACKSONVILLE
/
DUVAL COUNTY
, FLORIDA
http://www.coj.net
DUVAL COUNTY TAX COL
LECTOR’S OFFICE
http://www.coj.net/Departments/Tax+Collector/Default.htm
Mike Hogan,
Tax Collector
231 E. Forsyth St
reet
Jackso
nville, FL 32202
Phone:
(904)630
-
1916
Email:
http://www.coj.net/Departments/Tax+Collector/Contact+Us/
(1) Contact
Information
http:
//apps.coj.net/TC_ContactUs
ROGUE INVESTOR NOTE
: Click on link to send an email related to “Delinquent tax bill or tax certificates”
or “Tax certificate sale.”
(
2
) Dates to Remember
http://www.coj.net/Departments/Tax+Collector/Dates+to+Remember.htm
May:
(1)
l
ist of delinquent taxes advertised in
local newspaper one time, (2) l
ist of delinquent real estate
taxes advertised once per week for three consecutive weeks prio
r to tax certificate sale in a local
newspaper.
June:
Tax certificate sale for delinquent real estate taxes begins on or before June 1st.
Rogue Tax Sale Investor
-
249
-
(3) Tax Sale Guidelines and Procedures
http://www.coj.net/Departments/Tax+Collector/Tax+Sale+Guidelines.htm
Welcome to the Duval County Tax Certificate Sale Guideline page. The annual tax certificate sale is a
public sale of tax liens on delinquent real property taxes. All procedu
res of this tax sale are in accordance
with Florida Statutes. The site of this year's tax sale is:
http://duval.taxsale.com
.
To participate in this sale you must register at this web site. In order to purchase ce
rtificates, you must
also place a deposit pursuant to the procedures defined. Please remember, you are not bidding in order
to purchase the property. A tax certificate is only a lien on the property. It does not convey title to the land.
Tax
c
ertificates s
old through this tax sale must be held two years before a tax deed application can be
submitted. Bidding is based upon the amount of annual interest to be earned by the certificate buyer.
A tax certificate may be cancelled if it is learned after the sale
that a pre
-
existing stay order from the
Bankruptcy Court was in effect on June 1. In that case, amount paid for the cert
ificate will be refunded.
In
the event of a bankruptcy proceeding initiated after the sale of the lien, there are no guarantees
the
U
nited States Bankruptcy Court judge will determine the amount, if any, the certificate holder will receive.
Although this is an excellent investment and problems are rare, the best attitude for any investor is always
"buyer beware." All certificates will
be sold online on June 1. Certificates will be awarded to the bidder
willing to accept the lowest rate of interest on the investment. If there are multiple bids for the same
lowest rate, the winner will be selected through a random, computer
-
generated pro
cess. Place your bids
very carefully. It will be the bidders' responsibility to ensure the parcels on which they have bids are the
ones wanted. Once a certificate has been awarded, it will not be cancelled due to an error, or change of
mind, by the bidder.
The bidder will be required to pay for all the certificates they have won.
Full payment for the tax certificates awarded, less the amount held on deposit, must be made within
48
hours of the auction close.
Payment must be made by wire transfer in the sa
me manner that you made
your deposit.
Pursuant to Florida law if a bidder fails to pay the amount due all bids for that bidder will be cancelled and
the bidder's deposit will be forfeited.
Procedures
Bidder Registration:
The Duval County Tax Collector'
s Office is required by the Internal Revenue
Service to obtain the tax identification number and a completed W
-
9 form at the time each buyer registers
as a bidder. For individuals, the tax identification number (TIN) is the Social Security Number (SSN). Th
e
individual registering must be the actual "owner" of the SSN. (It cannot be a child's name with the parents
SSN). For most "non
-
individuals" (i.e., trust, estates, partnerships, and similar entities), the tax
identification number (TIN) is the Employer I
dentification Number (EIN) for the organization.
Please make sure the TIN you use on the Bidder Information form matches the name shown on your
social security card or Employer Identification form. Annually we send 1099's
Interest Income Tax
Statements
to the registered bidder and the Internal Revenue Service. The information is reported for the
name and TIN used at registration.
Deposits:
Bidders must place funds on deposit in order to participate in the tax sale. A deposit in the
amount of 10% of th
e total value of certificates you wish to purchase must be received by the dates
s
tated on the tax sale website.
For example, if you wish to purchase $150,000 worth of tax certificates,
you must place $15,000 on deposit. You will be able to place your depo
sit by wiring the money from your
financial institution. You will need to plan early and have your deposit posted according to the instructions
on the sale site. If you do not have the funds on deposit you will not be awarded any tax certificates, even
tho
ugh you may have bid on them. If you place $10,000 on deposit you may be awarded up to $100,000
worth of certificates. If you win $100,000 in certificates any bids you placed on other certificates will not
be considered. To ensure sufficient time to proces
s them, the deadline for placing deposits will be s
everal
days prior to June 1.
Check the procedures on this web site for instructions to place a deposit.
Rogue Tax Sale Investor
-
250
-
Tax Certificate Sale Online and Proxy Bidding:
Bidders will be able to register online and then bid
from
any computer that has access to the internet.
Simply go to
http://duval.taxsale.com
,
log in and you're
ready to go.
We will also have computers available in the library as well as our main office that we can
make available to bidders. Simply call 904
-
630
-
1916, press option four, and make an appointment or
send a request to the following e
-
mail address:
taxjax@coj.net
.
The online tax certificate sale uses the concept of
proxy bidding. Proxy bidding may be a new term to
many of you but in fact it has been around for quite some time. The popular auction website, eBay, has
used proxy bidding to determine the winner of their auctions.
How does proxy
-
bidding work? In a live a
uction, a bidder will lower his bid by quarter percent increments
until he is the only bidder left or until the interest goes below his acceptable minimum level, at which point
he would drop out. Proxy bidding is a form of competitive sale in which bidders
enter the minimum
interest rate that they are willing to accept for each certificate. The auction system acts as an electronic
agent, submitting bids on behalf of each bidder. The result of the proxy system is that the electronic agent
keeps lowering the
bid to submit by quarter percent increments until you
are either the only bidder left
(in
which case you get the certificate at a quarter percent lower than the previous bid)
,
or until you reach the
floor you have set.
However, please note that zero perc
ent bids are not treated as proxy b
ids; they are awarded at zero.
If
you are the only bidder on a given certificate and your minimum rate is greater than zero percent, the
electronic agent will submit a bid of 18 percent on your behalf. In the case of a ti
e at the winning bid rate,
the system awards to one of the tie bidders through a random selection process using a random number
generator. In no case will a bidder be awarded a certificate at a rate lower than his specified minimum
acceptable rate. Certifi
cates that receive no bids will be awarde
d to the county at 18 percent.
In addition,
certificates valued at less than $100 with homestead exemption are awarded to the county and are not
available to individual certificate holders.
Amount of Purchase:
The
amounts printed in the newspaper and listed on this web site represent the
certificate amount, which includes the unpaid taxes, assessments, and related costs and charges in
accordance with Chapter 197, Florida Statutes.
Payment for Certifi ca t es:
The tot
al purchase amount less the deposit must be paid within 48 hour
s of
the close of the auction.
The exact date and time will be posted on the sale site. Upon full payment of the
purchased tax certificates, the certificate holder will be issued a receipt that
indicates the tax certificate
number, the amount of each certificate purchased, the property identification number and percentage bid.
All sales are final
. Pursuant to Chapter 197.432(6), Florida Statutes, if a person to whom a tax
certificate(s) have b
een sold fails to pay the amount due the tax collector will cancel all bids and the
bidder's deposit will be forfeited.
Certificate holders cannot contact property owners.
The holder of a tax certificate may not directly,
through an agent, or otherwise i
nitiate contact with the owner of property upon which he or she holds a
tax certificate to encourage or demand payment until two years have elapsed since April 1 of the year of
issuance of the tax certificate.
Any holder of a tax certificate who, prior to
the date two years after April 1 of the year of issuance of the
tax certificate, initiates, or whose agent initiates, contact with the property owner upon which he or she
holds a certificate encouraging or demanding payment may be barred by the tax collec
tor from bidding at
a tax certificate sale. Unfair or deceptive contact by the holder of a tax certificate to a property owner to
obtain payment is an unfair and deceptive trade practice, as referenced in s. 501.204 (1), regardless of
whether the tax certi
ficate is redeemed. Such unfair or deceptive contact is actionable under ss.
501.2075
-
501.211. If the property owner later redeems the certificate in reliance on the deceptive or
unfair practice, the unfair or deceptive contact is actionable under applicab
le laws prohibiting fraud.
Tax Deed Process
For an investor to obtain a Tax Deed to the property the investor must hold the tax lien certificate for a
minimum of two (2) years from April 1 the year the certificate was first issued. The selling of a tax d
eed by
Rogue Tax Sale Investor
-
251
-
the Duval County Clerk of Circuit Court will result in issuance of a tax deed from a property owner to a tax
deed applicant or the highest bidder for the deed.
As an example, a 2005 tax certificate purchased at the tax certificate sale on June 1,
2006, would have to
be held until April 1, 2008, before the certificate holder could apply to bring the property to a tax deed
sale.
Please note:
A Tax Deed is no
t the same as a warranty deed.
It is the certificate holder's responsibility to
ensure the
l
egal status of the property.
Likewise if it is determined that the process of "quieting title" would
need to be done, it is the certificate holder's responsibility to complete it and pay any associated fees.
Redemption of a Tax Cer tificate:
Chapter 197.47
2(1), Florida Statutes states the following:
"Any person
may redeem a tax certificate or purchase a county
-
held certificate at any time after the certificate is issued
and before a tax deed is issued or the property is placed on the list of lands available
for sale. The person
redeeming or purchasing a tax certificate shall pay to the tax collector in the county where the land is
situated the face amount of the certificate or the part thereof that the part or interest purchased or
redeemed bears to the whol
e. Upon purchase or redemption being made, the person shall pay all taxes,
interest, costs, charges, and omitted taxes, if any, as provided by law upon the part or parts of the
certificate so purchased or redeemed."
Should the tax certificate be redeemed
any time prior to the issuance of a tax deed, the investor will
receive a refund for the purchase amount, plus the rate of interest bid at the time of the sale.
Expiration of Tax Lie ns:
Chapter 197.482(1), Florida Statues states the following: "Aft
er the expiration of
7 years from the date of issuance, which is the date of the first day of the tax certificate sale as advertised
under s. 197.432, of a tax certificate, if a tax deed has not been applied for on the property covered by the
certificate,
and no other administrative or legal proceeding has existed of record, the tax certificate is null
and void, and the tax collector shall cancel the tax certificate, noting the date of the cancellation of the tax
certificate upon all appropriate records in
his or her office."
(4) 2007
Certificate Sale
http://www.coj.net/Departments/Tax+Collector/2005+Certificate+Sale.htm
The 2007 Duval County Tax Cert
ificate Sale will
be conducted o
nline Friday, June 1, 2007
.
The Duval
County tax certificate sale can be
found online at the following w
eb address:
http://duval.taxsale.com
.
(P
lease note:
This site will be available through June 200
7
.
)
This w
eb site has all of the inform
ation you need to participate. The auction w
eb site contains many
research features that have not been provided in prior tax sales.
If you would like detailed information and law references pertaining to the Tax S
ale process, please ref
er
to the Tax Sale Guidelines at
http://www.coj.net/Departments/Tax+Collector/Tax+Sale+Guidelines.htm
.
(5) Advertising List
http://www.coj.net/Departments/Tax+Collector/Advertising+List.htm
The download file lists those properties that remain unpaid as of April 1st of the current tax year and are
advertised in accor
dance with Florida Statutes. This file contains Real Estate Numbers, Property
Descriptions and Tax Amounts (
s
ee file layout below).
Note: This file is made available for informational purposes only. Any decision to purchase delinquent tax
certificates sh
ould involve research in our Tax Department.
* This file has been updated as of May 17, 2007
.
ROGUE INVESTOR NOTE
: See web page for link to download advertising list, and for file layout
information.
The list
is available on the
dat
a CD that accompanies
this book (within the file folder “Tax
Sale Lists”).
Rogue Tax Sale Investor
-
252
-
(6
) Duval County Tax Deed Application Listing
http://tc.coj.net/deed
The Real Estate Department for the Duval County Tax Collector is implementing a new procedu
re for
certificate holders that are filing tax deed applications. Effective immediately, certificate holders will do
their own research for delinquent taxes. This information is provided on the Internet at address
http
://www.coj.net/tc
. This will show how many tax certificates are outstanding, the certificate holder's
name and the amount due. The web site will also show if the property is homesteaded or not. Certificate
holders may apply on 50 properties per TIN/SSN at
one time. Once the certificate holder decides which
certificates are going to be applied on
, you can start here
to fill in certificate/real estate numbers to get the
amount to apply for tax deed. The list, certified check, and all applications must be rec
eived in our office
by the 1st of the month. If received after the 1st of the month the figures and certified check will have to
be resubmitted for the following month. Each application must be complete with the legal description, no
exception. If the cert
ificate holder does not have the complete legal for each property a listing of all
certificates can be purchased at the cost of $5.00 per TIN/SSN. This list will provide the legal for each
certificate. Homestead properties must be listed on a separate shee
t than properties that are not
homesteaded. Properties that are homesteaded should not be included in the 50 properties that are being
applied on.
(7) Tax D eed Application Help
http://tc.coj.net/dee
d/Deed_App_Help.htm
(8) Delinquent Real Estate Taxes
http://www.coj.net/Departments/Tax+Collector/Delinquent+Real+Estate+Taxes.htm
Real estate taxes become
delinquent on April 1st each year. Florida Statutes require the Tax Collector to
advertise
(
http://www.coj.net/Departments/Tax+Collector/Advertising+List.htm
)
the delinquent
parcels in a
local newspaper once a week for three consecutive weeks following the payment deadline. Advertising
and collection fees are added to the delinquent taxpayer's bill.
Beginning on or before June 1st, the Tax Collector is required by law to hol
d a Tax Certificate Sale. The
certificates represent liens on all unpaid real estate properties. The sale allows citizens to buy certificates
by paying off the owed tax debt. The sale is conducted in reverse auction style with participants bidding
downward
on interest rates starting at 18%. The certificate is awarded to the lowest bidder.
A tax certificate, when purchased, becomes an enforceable first lien against the real estate. The
certificate holder is actually paying the taxes for a property owner in
exchange for a competitive bid rate
of return on his investment. In order to remove the lien, the property owner must pay the Tax Collector all
delinquent taxes plus accrued interest, penalties and advertising fees. The Tax Collector then notifies the
cer
tificate holder of any certificates redeemed and a refund check is then issued to the certificate holder.
A tax certificate is valid for seven y
ears from the date of issuance.
The holder may apply for a tax deed
(
ht
tp://tc.coj.net/deed
)
when two or more years have elapsed since the date of delinquency. If the
property owner fails to pay the tax debt, the property tax deed is sold at public auction.
CLERK OF COURTS
http://www.duvalclerk.com/ccWebsite
(
1
) Office Locations
http://www.duvalclerk.com/ccWebsite/clerkOfficeLocations.page
Duval County Courthouse
330 East Bay Street
Jackson
ville, Florida 32202
Phone, Tax Deeds:
(904) 630
-
2059
Rogue Tax Sale Investor
-
253
-
(
2
) Tax Dee ds
http://www.duvalclerk.com/ccWebsite/TaxDeeds.department
General Information:
The Clerk of the Circuit Court i
s responsible for conducting Tax Deed Sales and
issuing a Tax Deed from the City of Jacksonville/County of Duval to the successful high bidder at a sale.
Chapter 197 of the Florida Statutes governs this.
If you have a question or would like more informati
on, please consult the section on Tax Deed Auctions
(below) or contact the Tax Deed Department. Our contact information may be found at the end of this
page.
Tax Deed Auctions Information
:
Tax Deed Auctions are held in Courtroom "A" (room 104) on the firs
t
floor of the Duval County Courthouse, and begin promptly at 9:00 a
.
m. The Clerk's Office will advertise
the date for the Tax Deed Auctions in the Financial News and Daily Record. We will also post the date in
the Tax Deeds Office and on this website.
A
"Tax Deed" is a deed issued by the City of Jacksonville/County of Duval due to a property owner's
failure to pay their real estate taxes. This will result in the property owner forfeiting all right by default.
The City of Jacksonville/County of Duval doe
s not guarantee the title to these properties. The deed will be
subject to current taxes due. All properties are sold buyer beware. Please note that it is the bidder's
responsibility to search the title for any liens that may be recorded against the proper
ty. Governmental
liens and judgments will survive the Tax Deed sale. Quiet title suits are civil law suits and are not handled
by the Tax Deeds Department. Tax Deed files may not be viewed on the day of the Tax Deed auction.
Tax Deed Auction Participation
:
If you wish to participate in the auction, you must furnish a picture ID
(driver's license) for admission to the courtroom. A numbered bid paddle will be assigned to you and must
be returned upon leaving the sale. As you announce your bid, hold up your p
addle (number facing the
auctioneer) so our staff can identify each bidder and record their bid amount. Only audible bids will be
accepted and the clerk will acknowledge the higher bid. Your bid must be at least $100.00 higher than the
previous bid to be a
ccepted.
The 2001 Legislature amended the Florida Statutes governing Tax Deed sales (Chapter 2001
-
201, Laws
of Florida, Section 197.502 and 197.512). Therefore, effective January 2002, a $200.00 non
-
refundable
cash deposit for each high bid will be requir
ed at the time of sale to be applied at the time of full payment.
Successful bidders are required to make payment to the Clerk of the Court in cash or cashier's check
within 24
hours of the auction. Failure to do so will result in being banned from partici
pation in any future
auctions and forfeiture of your deposit.
For each parcel you buy, we will need cash or two cashier's checks, both made payable to Jim Fuller,
Clerk of the Circuit Court, one in the amount of the Documentary Stamps and Recording, and t
he other in
the amount of the high bid less the $200.00 deposit.
Property Appraiser’s Office:
The Internet address of the Property Appraiser is
http://pawww.coj.net/pub/property
. Copies from the public re
cords are available at a cost of $1.00 per
page.
Other Information:
Refer to Chapter 197 of the Florida Statutes for more detailed information on Tax
Deed procedures. The statutes can be found in the Law Library on the first floor of the Courthouse.
The
auction list is not available via the Internet. To obtain a copy of the current Tax Deed Auction list,
please contact the Tax Deed Department.
Office Information:
Our offices are open from 8:00
a
.
m
.
-
5:00
p
.
m
.
, Monday thru Friday excluding holidays, an
d are located
at:
Duval County Courthouse
,
330 E. Bay St
reet, Room 304
,
Jacksonville, FL 32202
;p
hone:
(904)
630
-
2059
.
Rogue Tax Sale Investor
-
254
-
HERNANDO COUNTY, FLORIDA
http://www.co.hernando.fl.us
TAX COLLECTOR
http://www.hernandocounty.us/tc
Juanita Sikes, Tax Collector
Email:
tc@co.hernando.fl.us
(
1
) Offices
http://www.hernandocounty.us/tc/office_hours_and_locations.htm
Hernando County Government Center
20 North Main Street,
Room 112
Brooksville, FL 34601
Phone:
(352) 754
-
4180
Fax: (352) 754
-
4189
(2
)
Online Tax Sale
http://www.hernandotaxsale.com
ROGUE INVESTOR NOTE
: The Hernando County tax sale is conducted on the Internet by Real Auction
(see Internet Auction Information at the end of the Florida section). Visit this website for Bidding Rules,
Training
, Start Here, Registering, and Previewing Items for Sale. Note: The 2007 auction has ended. The
list for the 2008 tax certificate auction will be available early in May of 2008.
(3) County Held Certificates
http://www.hernandocounty.us/reports/BIDCERAUTO.TXT
ROGUE INVESTOR NOTE
: The list is available on the data CD that accompa
nies this book (within the
file folder “Tax Sale Lists”).
CLERK OF THE CIRCUIT COURT
http://www.clerk.co.hernando.fl.us
Karen Nicolai, County Clerk
(1) Locations and Phone Numbers
http://www.clerk.co.hernando.fl.us/other/Locations.html
Hernando County Courthouse
20 N. Main Street
Brooksville, Florida 34601
Phone: (352) 754
-
4201
Fax: (352) 754
-
4247
(2) Contact Information
http://www.clerk.co.hernando.fl.us/contact.asp
Tax
Deed Sales (within Records Management Department)
Room 215
Debby Ellinghuysen
Phone:
(352) 540
-
6768
Fax: (352) 754
-
4243
Email:
debbye@co.hernando.fl.us
Rogue Tax Sale Investor
-
255
-
(3)
Tax Deed Sales
http://www.clerk.co.hernando.fl.us/Other/Recording.html#taxdeed
161 E.
Jefferson Street (across the street from the Courthouse)
Phone: (352) 540
-
6782 or 6768.
Please not
e the mailing address is: 20 N.
Mai
n Street,
Room
#
215, Brooksville, FL 34601.
If you own property in Hernando County, you must pay taxes each year. Ad valorem taxes are levied by
the Board of County Commissioners, the Hernando County School Board, Southwest Florida Water
Management Distr
ict and other applicable special districts. The Property Appraiser determines the value
of your property against which the taxes are levied and collected by the Tax Collector. If you do not pay
your property taxes by the established deadline, they become d
elinquent. In order for the Tax Collector to
collect the monies due for the delinquent taxes, Tax Certificates are sold.
The manner in which delinquent taxes are collected is prescribed by Florida Statutes (Chapter 197) and is
briefly described as follow
s:
Hernando County real estate taxes are due each year November 1, payable through March 31 of the
following year, with discounts allowed for early payments and a 3% penalty imposed beginning April 1.
Items remaining unpaid by Mid
-
April are advertised in
the local newspaper for three consecutive weeks in
May in an effort to notify the property owners of outstanding tax liability.
According to Florida Statutes, on or before the first day of June each year a Tax Certificate sale must be
held. This is a publ
ic auction where a Tax Certificate is sold to the party who will pay the property owners
tax and accept the lowest interest rate when redemption is made. A certificate is an interest
-
bearing lien
and the interest rate varies from 0% to 18%. Certificates ar
e sold on any items remaining unpaid at the
time of the sale. Once a certificate is sold, the property owners may redeem the certificate by payment of
taxes plus penalty, advertising, fees and interest. If the certificate is not redeemed within a two
-
year
time
period, the certificate holder may begin proceedings for a Tax Deed Sale.
Upon application for a Tax Deed by the certificate holder, a tax and title search is done by an abstract
company to determine if there are any other outstanding taxes on the pr
operty. If there are, the applicant
pays these and they become part of the starting bid at the actual Tax Deed sale. Once the search is
completed, certification is made to the Clerk of Circuit Court and the application is delivered to the Clerk.
The proper
ty is then advertised for four consecutive weeks prior to the Tax Deed sale with the applicant
paying the advertising cost as part of the opening bid.
When the Clerk receives the application for Tax Deed from the Tax Collector, the Clerk’s Office will not
ify
by mail the owner of the property and all interested lien holders of record that the property will be sold at
public auction to the highest bidder unless the taxes, plus any applicable fees, are paid before the sale.
The minimum bid will include all de
linquent and current taxes due, plus all monies paid by the certificate
-
holder with interest and applicable fees due to the Clerk for performing the sale.
Each time a Tax Deed Sale is scheduled, the Tax Deed Clerk prepares a “Sale List.” The list includes
information pertaining to the minimum starting bid, the assessed value of the property, the legal
description and the last known titleholder of record. The "Sale List" can be viewed, and/or printed for free,
by logging onto the Clerk's Website at
www.clerk.co.hernando.fl.us
;
look at the right
-
side of the web page
for "Online Services" section and select the "Tax Deed Sale List." The "Sale List" may also be purchased
from the Clerk's office. To receive a c
opy of any “Tax Deed Sale List” from the Clerk's Office, a fee of $.15
cents per page (plus postage) must be paid in advance.
The tax deed sale is held by the Clerk of the Circuit Court in the BCC Chambers, 1st floor at the
Government Center on the third
Monday of the month (unless it falls on a holiday
,
then it would be the
follow
ing Monday) and is open to the p
ublic. The property is a
uctioned to the highest bidder.
Purchase
price is payable at the Clerk’s Office upon completion of this sale, payable by
cashier’s check, money
order or cash. If full payment is not received upo
n completion of the sale, a non
-
refundable deposit of
$200.00 is required. The remaining balance
must
be received within 24 hours of sale. There
are no
exceptions!
No personal checks
are accepted for the bid amount.
Rogue Tax Sale Investor
-
256
-
A Tax Deed is a deed from the County to the highest bidder, issued for non
-
payment of real estate taxes
by the property owner who forfeits all rights to the property by this default.
When considering tax deed properties
, please be advised that
all properties are sold “buyer beware.”
Addresses of the property are not provided.
Maps reflecting the legal description of property to be sold:
(
a) Subdivision plat maps are available online at the Clerk's Website at
www.clerk.co.hernando.fl.us
(u
nder "Search our online records,”
then select "Plats")
.
They are also available for viewing and/or
purchase in the Clerk's Off
ice, Recording Division (161 E.
Jefferson Street
,a
cro
ss
the street from the
Court House
). These descriptions are identified by a Subdivision name, Block number and Lot number.
(
b) Acreage Maps (Metes and Bounds Legal Descriptions: Section, Township, Range) maps are available
in the Property A
ppraiser’s offi
ce and on their w
ebsite at
www.hernando.floridapa.com
.
Governmental liens and
judgments survive the issuance of the Tax Deed and may be fully or partially
satisfied with any overbid monies from the sale.
Liens of governmental units not satisfied in full survive
the issuance of the Tax Deed. Should you have any questions concerning what liens
and
judgments
survive the Tax Deed sale, consult an attorney, we cannot advise you. Tax Deeds are not clear titles.
Quiet title suits to cle
ar the title of properties are civil l
aw suits and are not handled by the Tax Deed
Clerk. Information on this procedure and costs would be available from an Attorney that handles these
lawsuits.
A property that does not sell at th
e Tax Deed Sale is placed on the "List of Lands Available for Taxes."
After ninety days from the sale date, anyone can purchase property off the "List of Lands Available for
Taxes." To purchase property from the "List of Lands Available for Taxes," one wou
ld pay the redemption
amount plus any taxes that accrue from the date of the sale. Any properties placed on this "List of Lands
Available for Taxes" that are not purchased within seven years from the date they are placed on the list of
lands will escheat t
o the county after seven years (or three years, if the certificate was issued after July 1,
1999).
The “List of Lands Available for Taxes” includes the following information: Clerk File Number; Certificate
Number; Property Description and Key Number; Amo
unt to Redeem (excluding accrued taxes and
additional interest due to the certificate holder); Deed to Hernando County If Not Sold By Date; Date and
Type of Disposition. The "List of Lands Available for Taxes" can be viewed, and/or copied for free, by
logg
ing onto the Clerk's Website at
www.clerk.co.hernando.fl.us
;l
ook on the right
-
side of the web page
for "online services
;
" below that you will find the link to the "List of Lands Available for Taxes." If
you wish
to receive a copy of this list, a fee of $.15 per page plus postage must be paid in advance. The fee can
also be charged to a pre
-
established escrow account.
(
4
)
Tax Deed Sale List
and List of Lands Available for Taxes
http://www.clerk.co.hernando.fl.us/Disclaimer_TaxDeedSales.asp
Tax Deed Sale Lists
January 2008
-
No Sale
February 1, 2008
:
http://www.clerk.co.hernando.fl.us/reports/February08.pdf
March 2008
-
No Sale
April 2008
-
No Sale
May 2, 2008
:
http://www.clerk.co.hernando.fl.us/reports/May08.pdf
June 6, 2008
:
http://www.clerk.co.hernando.fl.us/reports/June08.pdf
List of Lands Available for Taxes
February 25, 2008:
http
://www.clerk.co.hernando.fl.us/reports/LOLFEB.pdf
Rogue Tax Sale Investor
-
257
-
ROGUE INVESTOR NOTE
:
Visitor must accept the disclaimer before proceeding to the tax deed sale list.
The May 2 and June 6, 2008 tax deed lists, and the February 25, 2008 lands available for taxes list ar
e
available on the dat
a CD that accompanies this book (within the file folder “Tax Sale Lists”).
(
5
) Tax Dee d Division Frequently Asked Questions
http://www.clerk.co.hernan
do.fl.us/Other/RecordingFAQ.html#taxdeed
What is the date, time and location of the next tax deed sale?
The tax deed sale is held by the Clerk
of the Circuit Court in the BCC Chambers, 1st floor of the G
overnment Center on the third
Mo
nday
of the
month (
unless it falls on a holiday then it would be the following Monday) and is open to the Public. The
property is
auctioned to the highest bidder.
Purchase
price is payable at the Clerk’
s Office upon
completion of
this sale, payable by cashier’
s check, money
order or cash. If full payment is not received
upo
n completion of the sale, a non
-
refundable deposit of $200.00 is required. The remaining balance
must
be received within 24 hours of sale. There
are no exceptions
! No personal checks are accepted for
the bi
d amount.
When and where do you advertise t he sale?
The property is advertised for four consecutive weeks
prior to the Tax Deed Sale. Currently we are advertising in the Hernando Section of the St. Petersburg
Times.
Can you send me a “sale list” of pro
perties that will be available?
The "Sale List" can be viewed on
the Clerk’s Website at
www.clerk.co.hernando.fl.us
;
look at the right
-
side of w
eb page for "online
services”;
under online services, select
"tax deed sale list." To receive a copy
of any ""Tax Deed Sale
List,”
a fee of $.15 cents per page (plus postage) must be paid in advance.
What form of payment do you accept?
Purchase price is payable at the Clerk’s Office upon completion
of the sale, p
ayable by cashier’s check, money order or cash. If full payment is not received upo
n
completion of the sale, a non
-
refundable cash deposit of $200.00 is required. The remaining balance
must be received within 24 hours of the sale. If the purchaser does not
return with
in the 24
-
hour period,
the $200.00 deposit is forfeited.
Can I bid without attending
?
No, the Tax Deed Sale is open to the public and is auctioned (a public
outcry) to the highest bidder. You
must
be present at the sale in order to bid.
If
I end up with a property, who handles the quiet title process?
Tax Deeds are not clear titles. Quiet
title suits to clear the title of properties are Civil lawsuits and are not handled by the Tax Deed Clerk.
Information on this procedure and costs would be
available from an
a
ttorney that handles these types of
legal proceedings.
What happens to the properties that are not sold at the auction?
A property that does not sell at the
Tax Deed Sale is placed on the "List of Lands Available for Taxes." After 90
(ninety) days from the sale
date, anyone can purchase property off the "List of Lands Available for Taxes." This applies only if it is a
Hernando County
-
held c
ertif
icate. If not a Hernando County
-
held c
ertificate, and there are no bids, it is
sold to Appli
cant/Certificate holder.
What happens to liens that are against the property when sold at a tax deed sale?
Governmental
liens and judgments survive the issuance of the Tax Deed and may be fully or partially satisfied with any
overbid monies from the sale
. Liens of government units, not satisfied in full, survive the issuance of the
Tax Deed. Should you have any questions concerning other types of liens and judgments which survive
the Tax Deed Sale, consult an attorney. We cannot advise you.
Rogue Tax Sale Investor
-
258
-
HILLS
BOROUGH COUNTY, FLOR
IDA
http://www.hillsboroughcounty.org
TAX COLLECTOR’S OFFI
CE
http://www.hillstax.org
(1) Contact Information
from
http://www.hillstax.org
, mouse over “Contact Us”
Email:
http://www.hillstax.org/ContactUs/EmailInformation.htm
Phone numbers:
http://www.hillstax.org/ContactUs/PhoneNumbers.htm
Mailing Addresses:
http://www.hillstax.org/ContactUs/MailingAddresses.htm
Online Comments Form:
http://www.hillstax.org/comments.htm
Phone
, Real Estate Taxes
: (813) 635
-
5200
Email
, Property Taxes
:
taxes@hillstax.org
Address for correspondence, shipping: Doug Be
lden, Tax Collector, 2506 N. Falkenburg Road, Tampa,
Florida 33619
(2) Locations: Downtown
(
Main
)
Office
http://www.hillstax.org/Locations/DowntownBranch1.htm
601 East Kennedy Boulev
ard
County Center, 14th Floor
Tampa, Florida 33602
Phone: (813) 635
-
5200
(
3
) Property Tax Certificates
http://www.hillstax.org/tax/proptaxcert.asp
(3
a) Tax Certificate Overview
http://www.hillstax.org/tax/tax_certificate_information.pdf
What are tax certificates?
Property taxes become due November 1, and are delinquent if not paid by
April 1 of the following
year.
In March the Tax Collector sends out reminder notices to all unpaid
accounts. The Tax
Collector prepares a list of delinquent taxes in May to be posted in the newspaper and
online.
The tax certificate’s face amount consists of the sum of the following: del
inquent real estate tax
(unpaid amount), interest (1.5% per month for April and May on the delinquent amount), Tax
Collector’s
commission (5% on the delinquent amount) and the newspaper’s advertising charge
(and
sale costs or
other costs).
Tax certificate
s are a first lien against property and shall supersede governmental liens.
The a
uction.
On or before June 1 the Tax Collector must start the tax certificate auction (Note: the
issuance of
tax certificates and the auction process is governed by Chapter 19
7 of the Florida Statutes).
Tax certificates convey no property rights. They are an interest bearing “lien
.
” Prior to the
auction, the list
of delinquent properties is advertised once a week for three consecutive weeks.
The interest on a tax certificate
ranges from 0 to 18%. Valid bids may be entered between 0 and
18% in
0.25% increments. If the tax certificate is redeemed after June 1 the tax certificate holder
is guaranteed a
minimum of 5% interest. Zero percent bids will not earn the 5% minimum
interes
t.
Bids are entered and
awarded to the buyer with the lowest interest rate bid. Simple
interest accrues on a monthly basis. If the
tax certificate earns an interest rate of 12%, then
interest will accrue at the rate of 1% per month until the
tax certificat
e is redeemed.
If there are any delinquent properties that do not receive a bid, those tax certificates are issued to
the county at 18%. These county held tax certificates will become available for purchase at a
date to be determined by the Tax Collector.
Rogue Tax Sale Investor
-
259
-
The life of a tax certificate is 7 years. In the event of a bankruptcy filing, the life of a tax certificate
may be extended. If no action is taken by the tax certificate holder during the 7 year period, and
the taxes remain unpaid, the tax certificate is
cancelled due to the Statute of Limitation, which will
result in the loss of your investment.
Now you own a tax certificate, so what happens next?
In accordance with Florida Statutes, a tax
certificate holder shall not contact the owner of the
property u
ntil two (2) years have elapsed from April 1
of the year of issuance of the tax certificate.
Such contact may result in costly legal action.
Upon redemption of the delinquent taxes, the Tax Collector’s office will then pay the certificate
holder the total
taxes due including interest earned.
Certificates can be sold and transferred to another buyer by submitting a completed transfer form
along with a transfer fee of $2.25 per certificate, payable to the Tax Collector.
The holder of a tax certificate may
apply for a tax deed after two (2) years have elapsed from
April 1 of the year of issuance of the tax certificate.
(3b) Tax Certificate Sale Informational Video
http://www.hills
tax.org/tax/Tax%20Cert%20Sale%202008_0001.wmv
(3c) Buyer Deposit and Information
http://www.hillstax.org/tax/buyer_information.htm
The 2008 Tax Certificate Sale will be held online on
May 31, 2008 using the latest Internet technolog
y
provided by RealAuction.com.
Electronic bidding provides numerous benefits to tax certificate investors
as well as the citizens of Hillsborough County. Internet auctions not only increase the speed and
effi
ciency of the tax certificate sale, but ensure the prompt and accurate collection of delinquent tax
revenue needed
to fund vital county services.
In addition, it is a convenient way to invest in tax certificates
without leaving the comfort of your home or
office.
Click here to visit the Official Tax Certificate Auction Website
:
http://www.hillsboroughtaxsale.com
.
Buyer deposits will be accepted May 5, 2008 through May 26,
2008 (5:00 p.m. EST)
.
For deta
ils about tax certificates, please view our informational video
at:
http://www.hillstax.org/tax/Tax_Cert_Web.wmv
.
On
-
site training will be available. Cl
ick here for date and location:
http://www.hillsboroughtaxsale.com/training
.
Internet access will be available on the day of the sale at our North Tampa office located at 9309 North
Florida Avenue, Suite 111
.
In the event we exper
ience technical difficulties with the online tax certificate auction, the tax sale will be
held on May 31, 2008 at 10:00 a.m. at our North Tampa location.
(3d) Property Tax Pa yments
Wire Transfer Instructions
http://www.hillstax.org/tax/wire_instructions_PropTxDep.htm
For your convenience property tax payments may be wir
ed to our banking institution.
However, this does
not apply to buyer deposits.
To wire funds, send the compl
eted Wire Transfer Form
(
http://www.hillstax.org/Links/wire_instructions.pdf
)
via e
-
mail or fax it to (813) 635
-
5218. Contact your
bank directly and provide them with the information incl
uded in the wire transfer form. Please allow 24
hours for the wired
funds to post to our account.
If you require additional information or have questions,
please do not hesitate to contact our office at (813) 635
-
5233.
Rogue Tax Sale Investor
-
260
-
(3e) Tax Certificate Search by Buy
er
http://www.hillstax.org/taxapp/search_by_buyernum.asp
Disclaimer:
The following information is provided as a convenience by the Hills
borough County Tax
Collector's O
ffice, which is
not responsible for any errors or omissions. Please be advised that the
amounts due and availability of these items are subject to change at anytime.
C
ounty Certificates Available fo
r Purchase Listing (all years):
http://www.hillstax.org/tax/2007_PurchaseListing.pdf
County Certificates Available for
Purchase Download (all years):
http://www.hillstax.org/tax/2007_purc
haselisting.txt
ROGUE INVESTOR NOTE
: The list is available on the data CD that accompanies this book
(within the
file folder “Tax Sale Lists”).
(3f) Tax Certificate Sale Downloads
http://www.hillstax.org/tax/tax_certificate_downloads.asp
2007 Real Es
tate Advertising File Download (
Zippe
d ASCII Pipe Delimited.txt File):
http://www.hillstax.org/tax/2007_
AdvertisingFileDownload.txt
Advertising File Layout (Adobe Acrobat PDF):
http://www.hillstax.org/tax/Advertising_File.pdf
2007 Tax Certificate Sale
File Download (ASCII Pipe Delimited.
txt File):
http://www.hillstax.org/tax/2007TaxSaleCertificates.txt
2
006 Tax Certificate Sale File Download
(ASCII Pipe Delimited.txt File):
http://www.hillstax.org/tax/2006TaxSaleCertificates.txt
2005 Tax Certificate Sale File Download
(
ASCII Pipe Delimited.txt File
):
http://www.hillstax.org/tax/2005_tax_sale_certificates.txt
Tax Certificate Sale File Layout
(
Adobe Acrobat PDF
):
http://www.hillstax.org/tax/2005Tax_Sale_Certificate_File.pdf
ROGUE INVESTOR NOTE
: The 2007
real estate advertising list, and the 2007
tax certificate sale list
are
available on the data
CD that accompanies this book (within the file folder “Tax Sale Lists”).
(3g) Tax Deed Overview
http://www.hillstax.org/tax/taxdeedovervw.asp
The holder of a tax certificate may apply for a tax deed after 22 months have elapsed from June 1st of the
year of issuance of the tax certificate.
Prior to applying for tax de
ed foreclosure, it may be advisable to check for any e
xisting liens on the
property. Florida Statute 197.552 provides that unsatisfied governmental l
iens shall survive the issuance
of a tax deed.
The statute of limitation is seven (7)
years on all tax cer
tificates.
To apply for a tax deed the applicant
shall:
x
Submit a signed application
x
Pay all amounts required to redeem all outstanding tax certificates not owned by applicant
x
Pay current taxes, if due
x
Pay a fee of $125 for a title search
x
Pay a $75 applica
tion fee
x
Pay a $60 Clerk of Circuit Court fee
.
Rogue Tax Sale Investor
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261
-
At a later date, the Clerk of the Circuit Court will advise the applicant of the sale date and additional costs,
which the applicant must pay. These costs include the advertising cost, mailing costs, and the
Sheriff's
fees. In Hillsborough County, the sale will take place approximately two (2) month
s following this
notification.
The property will be sold to the highest bidder at a public sale in the Hillsborough County
Courthouse auditorium located on the seco
nd floor.
For more information, you can visit the Clerk of the Circuit Court's website
(
http://www.hillsclerk.com/publicweb/Tax_Deed_sales_new.aspx
)
or contact our office.
Taxes
email
:
taxes@hillstax.org
; telephone: (813) 635
-
5200; tax
: (813)
612
-
6707
.
(4) Tax File Downloads
http://www.hillstax.org/tax/tax_file_download.as
p
(5) Research Tips and Tools
http://www.hillstax.org/tax/research.htm
Key information on the delinquent advertisement:
http://www.hillstax.org/tax/Forms/Adv_Sample_2003%20Seminar2.pdf
Understanding a Section, Township, Range Map:
http://www.hillstax.org/tax/Forms/Understanding_Section
_Map.pdf
CLERK OF THE CIRCUIT
COURT
http://www.hillsclerk.com/publicweb/Home.aspx
(1) T
ax Deed Sales
http://www.
hillsclerk.com/publicweb/Tax_Deed_Sales_New.aspx
The Clerk of the Circuit Court is statutorily responsible for conducting Tax Deed Sales and issuing a tax
deed in the name of the county to the successful bidder at a sale. Tax Deed Sales and the issuance
of
tax deeds are governed by Chapter 197, Florida Statutes.
The procedure involves a Tax Certificate Holder (tax certificates are sold to collect delinquent taxes)
applying for a tax deed through the Tax Collector.
There is no case filed in court and no
court order
issued for the Clerk to conduct a tax deed sale.
(1a) Tax Deed Sales
and Lands Available for Taxes
Information
http://www.hillsclerk.com/publicweb/td_sales_informati
on.aspx
Tax Deed Sales
To view the current sales list
and lands available, click here:
http://www.hillsclerk.com/PublicWeb/WorkArea/linkit.aspx?LinkId
entifier=id&ItemID=4011
These lists contain only the folio numbers for the properties being offered at sale. We do not have
information regarding structures (home, office building, warehouse) located on the property. You must do
the research to find out
what is on the land and also the condition of the land.
You may visit the Property Appraiser's web site
(
http://www.hcpafl.org
)
or the Tax Collector's web site
(
http://www.hil
lstax.org
)
for basic information regarding the listed properties. Be sure to make note of the
folio numbers you want to research before leaving our site.
Th
e lists are subject to change. Properties are redeemed daily.
Redeemed properties are no longer
a
vailable for sale by tax deed auction. To hear a listing of redeemed properties by file number and auction
date, please call (813) 276
-
8100, extension 4768, then press 1. You may also contact the Tax Deed
Department to determine which properties may have b
een redeemed prior to the listed auction dates and
are no longer available for sale by a tax deed auction.
Rogue Tax Sale Investor
-
262
-
Lands Available for Taxes
Listing of delinquent tax real estate property that did not sell at auction and is available to be sold for
taxes and app
licable fees.
Properties for which no bids are received at the auction are placed on our "Lands Available List," if it is a
County held certificate. Florida Statutes Chapter 197
(
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0197/titl0197.htm&St
atuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20197
)
provides the Count
y may, at any time
within the first 90 days from the day the property is placed on the list, purchase the property for the
opening base bid. After the ninety day period, the property is available for purchase by the public for the
base bid plus accrued int
erest, any taxes due, documentary stamps, and recording and indexing fees.
If the certificate is a non
-
homestead property, brought to sale by an individual certificate holder (the
applicant) and no bids are received, the applicant is issued a Tax Deed for
monies already paid to bring
the property to sale plus any additional fees due.
On properties that have a homestead classification, ½ of the assessed value is added to the base bid per
Florida Statute 197. If the certificate holder fails to pay the one
-
h
alf value of the homestead, the sale is
considered canceled and the property will be advertised for re
-
sale within 30 days as provided for in F.S.
197.542(2). If, at the subsequent sale, there are no bidders and the certificate holder refuses to pay the
mo
nies to cover the homestead, the clerk will place the property on the Lands Available List where it will
be available for purchase after 90 days.
This list is subject to change. If you are interested in this list, you may mail a check for $3.00 (plus a se
lf
addressed stamped envelope) to:
Clerk of Circuit Court
Attn: Tax Deed Sales
P.O. Box 1110
Tampa, Florida 33601
You may visit the Property Appraiser's web site
(
http://www.hcpafl.org
)
or the Tax Collector's web si
te
(
http://www.hillstax.org
)
for basic information regarding the listed properties. Be sure to make note of the
folio numbers you want to research before leaving our site.
ROGUE INVESTOR NOTE
: The tax deed sales li
st for June 9, 2008 is available on the dat
aCDthat
accompanies this book (within the file folder “Tax Sale Lists”).
(1b) Tax Deed Sales Fees
http://www.hillsclerk.com/publicw
eb/general_services_fees.aspx
(1c) Tax Deed Sales FAQs
http://www.hillsclerk.com/publicweb/tax_deed_sales_faq.aspx
What are tax deed sales?
Tax deed s
ales deal with the selling
of property that is delinquent in taxes. A
tax deed sale occurs after an owner of a
t
ax
c
ertificate appl
ies to the Tax Collector for a tax deed after the
tax c
ertificate has been held for the statutory period.
When and where are these tax deed sales held
?
Tax deed s
al
es are generally held on Monday
s at
10:00 a.m. on the 12th floor, Conferenc
e Room A at 501 E. Kennedy Boulevard.
Call for verification
before attending.
Where can I find out about upcomi ng sales?
The Clerk advertises tax deed sales for four
consecutive
weeks. The first publication is at least thirty (30) days prior to the date of the sale. We advertise in the
following newspapers on a rotating basis: Penny Saver, LaGaceta, Tampa Record, Florida Sentinel and
the Gulf Coast Business Review.
Rogue Tax Sale Investor
-
263
-
I
f you would like to receive a list of the folio numbers for properties going up for sale, please send a self
-
addressed stamped envelope plus .15¢ for each list requested.
What are some things that I should know before the sale?
There is no pre
-
registrati
on required in
order to participate in the bidding. You or a representative must be physically present at the sale to bid on
the property. However, we recommend that you research the properties before you bid. It is very
important to understand what you ar
e purchasing at the sale and whether there may be any liens
remaining on the property. Tax d
eed sales are not for the uninformed.
What happens if I am successful in a bid for a property?
As of March 28, 2002, if you are the
successful bidder for a piece o
f property:
x
You are required to post a $200.00 nonrefundable deposit at the conclusion of the bidding for the
parcel. This requirement is provided for in Florida State Statute Chapter 197.542(2). The deposit
must be made in cash or by cashier's check pay
able to Pat Frank, Clerk of the Circuit Court. If
paying by cash, the amount must be exact as we will be unable to provide change. If the $200.00
deposit is not paid by the successful bidder at the conclusion of a parcel's sale, then the bidding
on that pa
rcel will begin again at the base bid amount.
x
Payment in full must be made within twenty
-
four (24) hours from the advertised time of the sale.
Payment must be made in cash or by cashier's check payable
to Clerk of the Circuit Court.
After
we have received
payment in full for your successful bid, we will prepare and record a Tax Deed
which will be mailed to you. If you fail to remit payment within the required time, bids made by you
at subsequent auctions may be refused. If full payment is not received for
a property bid at
auction, it will be re
-
advertised and placed up for auction at the next scheduled sale.
What happens if a property receives no bids?
Properties for which no bids are received at the auction
are placed on our "Lands Available List
,"
if it
is a County held certificate. Florida Statutes Chapter 197
provides the County may, at any time within the first 90 days from the day the property is placed on the
list, purchase the property for the ope
ning base bid. After the ninety
-
day period, the prop
erty is available
for purchase by the public for the base bid plus accrued interest, any taxes due, documentary stamps,
and recording and indexing fees.
If the certificate is a non
-
homestead property, brought to sale by an individual certificate holder (t
he
applicant) and no bids are received, the applicant is issued a Tax Deed for monies already paid to bring
the property to sale plus any additional fees due.
On properties that have a homestead classification, ½ of the assessed value is added to the base
bid per
Florida Statute 197. If the certificate holder fails to pay the one
-
half value of the homestead, the sale is
considered canceled and the property will be advertised for re
-
sale within 30 days as provided for in F.S.
197.542(2). If, at the subseque
nt sale, there are no bidders and the certificate holder refuses to pay the
monies to cover the homestead, the clerk will place the property on the Lands Available List where it will
be available for purchase after 90 days.
If you are interested in this
l
ist, you may mail
a check for $3.00 (plus a self
-
addressed
,
stamped
envelope) to:
Clerk of Circuit Court
,
Attn: Tax Deed Sales
P.O. Box 1110
Tampa, Florida 33601
Where can I get more informat ion about tax deed research?
All of the procedures followed f
or Tax
Deed Sales are governed by the Florida Statutes Chapter 197 and the Florida Administrative Code 12D
-
13.
Rogue Tax Sale Investor
-
264
-
You can also get more information from the following offices:
Tax Deed Sales Department
6th Floor
,
501 E. Kennedy
Boulevard
Tampa, FL 3360
2
Phone:
(813) 276
-
8100 Ext. 4768
Property Appraiser's Office
County Center, 16th Floor
601 E. Kennedy Boulevard
Tampa, FL 33602
Phone:
(813) 272
-
6100
Tax Collector's Office
,
Delinquent Tax Department
Phone:
(813) 635
-
5200
(1d) Tax Deed Sales Contact
Information
http://www.hillsclerk.com/PublicWeb/Dept_Contacts.aspx#TaxDeedSalesDepartment
(click on “Tax Deed
Sales Department”)
Physical Address
Clerk of Circ
uit Court
Tax Deed Sales
6th Floor
, 501 E. Kennedy Boulevard
Tampa, FL 33602
Mailing Address
Clerk of the Circuit Court
Tax Deed Sales
P.O. Box 1110
Tampa, FL 33601
-
1110
Phone, Main:
(813) 276
-
8100
, ext. 4768
(2) Office Locations
http://www.hillsclerk.com/publicweb/Office_Locations.aspx
Clerk of Circuit Court
George E. Edgecomb Courthouse
800 Twiggs Street
Tampa, FL
Tax Deed Sales
6th Floor
501 E. Kennedy Boulevard
Tampa, FL
336
02
Rogue Tax Sale Investor
-
265
-
ORANGE COUNTY, FLORI
DA
http://www.orangecountyfl.net
TAX COLLECTOR’S OFFI
CE
http://www.octaxcol.com
Earl Wood, Tax Collector
(1) General Informatio
n
,
Real Estate Taxes
http://www.octaxcol.com/real_estate_taxes.htm
Tax Information:
Taxes become delinquent April 1st of each year, at which time a 3% penalty is added
to the bill. Advertising
costs are also added before the Tax Certificate Sale.
Delinquent Property Taxes:
Real Estate taxes become delinquent on April 1st of each year. After real
estate taxes have become delinquent, they are advertised in a local newspaper once a week for three
consecutive weeks. The advertising and collection cost is added to the delinquent tax bill. On or before
June 1st, the Tax Collector must conduct a tax certificate sale for unpaid taxes on each parcel of
property. The sale is operated on a competitive bid
basis with interest bids beginning at 18% and
progressing downward. When a certificate is sold against a piece of property, the successful bidder pays
the delinquent taxes on that property and holds a certificate that constitutes a first lien against the
property.
To redeem the certificate, the owner of the property must pay the Tax Collector all delinquent taxes plus
accrued interest, and advertising cost. The Tax Collector will reimburse the certificate holder all monies
due and the property will be fre
e of that tax lien.
If the tax certificate is not redeemed within two years, the certificate holder may file a tax deed application
with the Tax Collector. The property owner is notified of this action and, if the taxes are not paid, the Clerk
of the Circ
uit Courts conducts a public auction and sells the property to the highest bidder.
In Orange
County only Tax Deed Sales are processed through the Orange County Comptroller Office.
(2) Contact Information
http://www.octaxcol.com/Contact%20Us.htm
Earl Wood, Tax Collector, email:
EKWood@octaxcol.com
Real Estate Taxes, email:
Taxes@octaxcol.com
(3) Office Locations
http://www.octaxcol.com/OfficeLocations.htm
Main Office
The SunTrust Center
200 South Orange Avenue, Suite 1600
Orlando, Florida 32801
Phone: 407
-
836
-
2709
Phone
, Delinquent Property Taxes
: 407
-
836
-
2700
(4) Calendar of Events
http://www.octaxcol.com/calendar.htm
April:
All unpaid property taxes become delinquent April 1s
t. At this time, a 3% interest charge is added
to the gross amount. Within 45 days, delinquent property taxes will be advertised in a local newspaper
and the cost of advertising will be added to the delinquent bill.
May:
List of delinquent real estate tax
es advertised once per week for three consecutive weeks prior to
tax certificate sale in a local newspaper.
June:
Tax certificate sale for delinquent real estate taxes begins on or before June 1st.
Rogue Tax Sale Investor
-
266
-
(5) Tax Sale
2007
http://www.octaxcol.com/TaxeSale/TaxSale2007.htm
The annual Tax Certificate Sale for prior year delinquent taxes will be held via th
e Internet on Saturday,
May 31
. The sale will start at 9:00 a.m. and will run until approximatel
y 4:00 p.m.
Please visit the Orange County Tax Collector’s bidding site
www.orangetaxsale.com
for details. Although
you
may register any time from May
12th, 2008 through the end of the sale, you are advised to
register
and bid well in advance of the sale date, since the sale will proceed at a fast pace. All deposits and
payments will be made by electronic funds transfer. Bidders are required to complete a W
-
9 form. The
information obtained from the W
-
9 form wil
l be reported to the IRS on the year
-
end 1099INT statement.
The delinquent list will be published three consecutive Mondays beginning May 12th, 2007
by the
Orlando Sentinel.
The other dates are May 19th, and May 26th, 2008. On May 12th, 2007, the delinque
nt
accounts will be posted to the Tax Collector's web site
at
www.octaxcol.com
and to the
www.orangetaxsale.com site
.
The delinquent information will be updated periodically until the sale.
Not all of the items pr
inted in the newspaper will be sold, due to late payments received after the list was
prepared for publication. Revenue from the sale pay for th
e ad valorem property taxes/non
-
ad valorem
assessments, interest, and costs and charges related to the sale.
Ta
x Collector requires a minimum deposit of $1,000 or 10% of intended purchases, whichever is greater,
to be posted through the auction website.
There will be computers with bid site access available at the Tax Collector’s office for those bidders
without
other access to computers. Use of these computers will be by appointment only. Please call 407
-
836
-
2778 to schedule a session.
The advertising list will include the amount of taxes due, as well as interest and the cost of the sale, which
represents the f
ace
value of the tax certificate.
Simple interest for the amount that the certificate was
purchased will be calculated. Any bidder has the right to bid on any certificate, as long as t
he deposit
requirement is met.
Tax certificates are sold in the order th
ey appear on the tax roll.
The bidder willing to accept the lowest interest rate is awarded the certificate. If there are no bidders for a
certificate, it
will be struck to the County.
Bidding starts at 18% and interest is bid down until there are no
lowe
r offers. "No Interest" bids will give the bidder t
he certificate at 0% interest.
Bids shall be accepted in
even and fractional increments of .25% points only.
Certificates will be issued in the name of a person or a corporation. After the sale, certifica
tes may be sold
and transferred by assignment through the Delinquent Tax Department. A fee of $2.50 is charged for
each certificate transferred. When making inquiries about tax certificates or when requesting an address
change, please provide the delinquen
t tax department with all social security numbers/tax id numbers
currently and previously used to buy certificates.
The sale will continue until delivery of all certificates. If a bidder fails to pay for certificates, the deposit will
be forfeited and the
certificates will b
e resold by the Tax Collector.
Any bidder in default will be barred
from future tax certificate sales in Orange County.
Bidders will be notified of certificates purchased and the balance due within 24 hours of the closing of the
Intern
et auction. Balance of payment will be required within 48 hours of e
-
mail notification.
I
f you do not
receive a bill, please contact our tax office immediately at 407
-
836
-
2778.
Upon redemption of tax certificates, interest shall be calculated on a monthl
y basis from the first day of
each month beginning June 1st.
Certificate holders shall draw no interest during April and May while the
mandatory charge is in effect (FS 197.172). Application for tax deed may be made no sooner than two
years after the certi
ficate purchase.
Caution: You are hereby informed that this is not a sale of land, but a lien for the amount of
delinquent
taxes plus interest.
Certificates issued will be in effect for a period of seven years, and then canceled by
Rogue Tax Sale Investor
-
267
-
Act of the 1973 Florida
Legislature. Purchasing a tax certificate does not entitle the certificate buyer to
enter the property, nor harass the owner in any manner.
Certificate value may be affected by subsequently filed bankruptcy cases.
There is risk to principal and interest
with respect to tax certificates if property conditions or the utility
changes. This is true when changes are made to correct errors arising from obvious or concealed facts.
The Property Appraiser may correct only clerical errors after t
he tax roll has be
en certified (
Markha
mv.
Friedland, 245 So. 2d 645 [Fla 1971]
/K
orash v. Mills, 263 So. 2d 579 [
Fla.
1972])
.
In a few recent instances, principal and interest were lost to Orange County certificate holders when the
land changed from undeveloped status to
ineligible for development (e.g.
,
wetlands). Certificates issued
p
rior to the change lost value.
Bidders are cautioned to select carefully the parcels bid upon to minimize
risk of loss. Timeshare and subsurface parcels will not be specifically identified
before the certificate is
sold.
ROGUE INVESTOR NOTE
: The Orange County tax sale is conducted on the Internet by Real Auction
(see Internet Auction Information at the end of the Florida section). Visit this website for Bidding Rules,
Training, Start Here,
Registering, and Previewing Items for Sale. The list for the 2008 tax certificate
auction will be available early in May of 2008.
CLERK OF COURTS
http://orangeclerk.onetgov.net
Lydia Gardner, Clerk of Cour
ts
(1) Contact Information
http://orangeclerk.onetgov.net/operations/contact.shtml
PALM BEACH COUNTY, F
LORIDA
http://www.pbcgov.com
TAX CO
LLECTOR’S OFFICE
http://www.pbcgov.com/tax
Ann Gannon
, Tax Collector
(1) Office Hours and Loca t ion
http://www.pbcgov.com/tax/locations_branches.
shtml
Governmental Center
Administration/Occupational License/Real Estate
301 North Olive Avenue, 3rd Floor
West Palm Beach, FL
33401
Tax Services Director: Paschal “Pat” Poston
(2) Contact Information
http://www.pbcgov.com/tax/contact.shtml
Mailing address
P.O. Box 3715
West Palm Beach, FL 33402
-
3715
Property Tax
Real Estate and Tangible
Phone:
561
-
355
-
2266
Fax
:
561
-
355
-
6879
Rogue Tax Sale Investor
-
268
-
(3) Important Tax Dates
http://www.pbcgov.com/tax/help_taxdates.shtml
April:
Within 45 days from April 1st, the list of delinquent personal property taxpayers is advertised.
Advertising, interest, and collection costs are added to the delinquent tax notic
e.
May:
List of delinquent real estate taxes advertised for three consecutive weeks prior to tax certificate
sale.
June:
Tax certificate sale for delinquent real estate taxes begins on or before June 1.
(4) Tax C ertificates
http://www.pbcgov.com/tax/services_property_taxcert.shtml
A tax certificate is a tax lien on property created when a third party pays the taxes due. If a third party
holds a tax certificate on a property, they
do not own that property. To learn more about the tax certificate
sale, click here to link to ou
r Tax Certificate Sale website:
https://www.bidpbtc.com/main
.
(5) Tax D eeds
http://www.pbcgov.com/tax/services_property_taxdeeds.shtml
The holder of a tax certificate may apply for a tax deed when two (2) years or more have elapsed since
April 1st of the year the certificate was issued.
A tax deed application is made to the Tax Collector's Office. The application initiates the process to force
the property to be sold at public auction. The delinquent property owner may retain the property by
redeeming the tax deed application any time bef
ore the property is sold and the tax deed is issued.
Tax deed sales are conducted by the Clerk & Comptroller, Palm Beach County
(
http://www.pbcountyclerk.com
).
(6
)PropertyTaxForms
http://www.pbcgov.com/tax/services_property_forms.shtml
Request to purchase tax certificates:
http://www.pbcgov.com/tax/
forms/property/Tax_Certificate_Request.pdf
Endorsement form:
http://www.pbcgov.com/tax/forms/property/Endorsement_Form.pdf
W
-
9:
http://www.pbcgov.com/tax/forms/property/W
-
9.pdf
Application for tax deed DR 512:
http://www.pbcgov.com/tax/forms/property/DR_512.pdf
BIDPBTC.COM
http://www.bidpbtc.com
Tax certificate online auction website for
Orange County
.
For assistance, call Grant
Street Group at 800
-
410
-
3445, c
ontact Auction Support
at
https://www.bidpbtc.com/main?&unique_id=SAkOHAoBBgEAAG79b
-
A&session=&auction_id=&email_admin_button=go
or vis
it the Tax Collector's homepage at
http
://www.co.palm
-
beach.fl.us/tax
.
(1) Introduction
https://www.bidpbtc.com/main
, then click on “Introduction”
Learn more about the tax certificate sale.
Rogue Tax Sale Investor
-
269
-
(2) Frequently Asked Questions
https://www.bidpbtc.com/main
, then click on “
FAQ
Frequently asked questions about the tax certificate sale.
(3
)
Documentation
https://www.bidpbtc.com/main
,
then click on
Documenta
tion
News, notices, user instructions, and legal documents.
Information
News:
https://www.bidpbtc.com/main?&uniqu
e_id=SAkPngoBBgEAAG79cCE&session=&auction_id=&use_this=
serve_document&document_id=119
Introduction:
https://www.bidpbtc.com/main?&unique_id=SAkPngoBBgEAAG79cCE&session=&auction_id=&view_intr
oduction_button=Introduction&is_popup=1&focus=1
Instructions:
https://www.bidpbtc.com/main?&unique_id=SAkPngoBBgEAAG79cCE&session=&auction_id=&view_inst
ructions_button=Instructions&is_popup=1&focus=1
FAQ:
https://www.bidpbtc.com/main?&unique_id=SAkPngoBBgEAAG79cCE&session=&auction_id=&view_faq
s_button=FAQ&is_popup=1&focus=1
ROGUE INVESTOR NOTE
: See web page for links to lega
l documents (disclaimer, user agreement and
privacy policy).
(3a) Introduction
https://www.bidpbtc.co
m/main?&unique_id=SAkPngoBBgEAAG79cCE&session=&auction_id=&view_intr
oduction_button=Introduction&is_popup=1&focus=1
Tax Collector, Palm Beach County
2008 Tax Certificate Sale
1. The Tax Certificate Sale of unpaid 2007 real property taxes will begin at 8
:30 a.m. June 1, 2008. The
sale will be conducted on the County’s tax certificate auction web site,
www.BidPBTC.com
. Bidders can
review the advertised list of unpaid real property taxes and begin to submit bids on th
e web site starting
on May 14, 2008.
Computer terminals are available for
public use at 301 N. Olive Avenue,
West Palm Beach, Palm Beach
County, Florida by appointment. To schedule an appointment, please call (561) 355
-
3546. In the event
that the sale can
not be held on the auction web site, a live auction will be held at the time and location
listed above.
2. In order to submit bids, the following steps must be taken on
www.BidPBTC.com
:
x
Complete online registration
x
Complete IRS Form W
-
9
x
Establish a budget
x
Submit a deposit (online via ACH)
x
R
eceive bidder number assignment.
A social security number or tax identification number must be provided for each buyer and must belong to
the person listed on the W
-
9 form. T
here will be only one bidder number assigned to each Social Security
number or Tax I. D. number. The tax certificate list, redemption checks and 1099 interest earnings will be
issued exactly as indicated on your W
-
9 form. Until the tax sale is complete, no
changes will be made to
Rogue Tax Sale Investor
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270
-
the bidder number issued. A change of name or tax identification number will constitute an assignment
and is subject to service charge for each certificate changed.
3. A deposit of 10% of your expected bids must be made prior to t
he close of any batch in which you
intend to submit bids. All payments must be made via ACH on the BidPBTC.com web site. No other form
of payment will be accepted.
4. Bidding starts at 18% and interest is bid down until sold. Bids may be made in 1/4 perce
nt increments.
A "zero" interest bid will get the bidder the certificate with
no
interest. When your bid is recognized as the
low bid on the Results Page, you are obligated to pay for the certificate even if the bid was unintentional.
5. The certificates
will be auctioned in the order listed in the newspaper. The delinquent taxes from prior
years will be auctioned first. After the prior years are posted, the 2007 delinquent taxes will be posted.
Bidders will be able to begin entering interest rates on the
web site beginning the day that the first
newspaper advertisement is published. Some items listed in the newspaper and on the web site will not
be auctioned due to payments being received after the list was prepared for publication.
6. The payment balanc
e for certificates purchased must be made within 48 hours from the postmark on
your notice of amount due. A certificate of ownership and listing of certificates purchased is provided to
each buyer. A bidder failing to make payment in the specified time wil
l forfeit the deposit, and the
certificates will be re
-
sold.
7. The Tax Collector reserves the right to cancel or correct certificates issued in error. Interest payments
may be affected by bankruptcies, U.S. Marshal seizures, property taken over by a rece
iver, etc.
8. Caution: This is not a sale of real property. It is a lien for the amount of delinquent taxes plus interest.
Contact with property owners initiated by certificate owners to encourage payment at any time is not
recommended. Contact or behavio
r of a certificate holder deemed unfair or deceptive may result in
criminal prosecution. A tax deed application is the proper and legal method to compel payment.
We in the Tax Collector's Office are happy to be of service to you. We are available to assis
tyouas
needed.
CLERK OF COURTS
http://www.pbcountyclerk.com
(1) Locations and Directions
http://www.pbcountyclerk.com/directions.html
Main Co
urthouse, 205 N. Dixie Highway
West Palm Beach, FL
33401
Phone: (561) 355
-
2996
(2) Telephone and M ail Dir ec t ory
http://www.pbcountyclerk.com/directory4.htm
Tax Deed Sales
Main Courthouse
205 N
orth Dixie Highway
3rd Floor, Room 3.23
West Palm Beach, FL 33401
Mailing address:
P.O. Box 484
,
West Palm Beach, FL 33402
Phone:
(561) 355
-
2962
Toll free: 1
-
888
-
760
-
9209
Email:
mailto:clerkweb@mypalmbeachclerk.com?subject=Tax Deeds
Rogue Tax Sale Investor
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271
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(3) Tax D eed Sales
http://www.pbcountyclerk.com/courtservices/tdfc/taxdeed.html
Amy Stein, Manager
Phone:
(561)
355
-
2962
Email:
clerkweb@mypalmbeachclerk.com?subject=Tax Deeds
Tax deed sales are the auction of property on which tax certificates have been sold by the Tax Collector’s
offi
ce for delinquent real estate taxes. Tax deed sales are held pursuant to Florida Statutes Chapter 197.
The Clerk & Comptroller’s office conducts the tax deed sale. Properties scheduled for tax deed sale are
published in the Palm Beach Daily Business Revie
w newspaper and are available to search online. View
general information and requirements.
Redemption
Property may be redeemed any time prior to the issuance of a tax deed. The redemption amount is listed
on the "Notice of Application for Tax Deed" mail
ed prior to the sale.
Redemptions prior to the date of sale should be done at the Tax Collecto
r’s office, 301 North Olive
Avenue, Third F
loor, West Palm Beach. For redemption on the date of sale, bring full payment to the
Clerk & Comptroll
er’s office at
205 N. Dixie Highway,
Room 3.2300.
Full payment must be made in cash, a cashier's check drawn upon a U.S. bank, or an attorney’s trust
acco
unt check drawn upon a Florida b
ank. Payment must be made payable to the Tax Collector. The
Clerk will not accept a
personal check, third party cashier's check or credit card.
(3a) Frequently Asked Questions
http://www.pbcountyclerk.com/faqs/civil/taxdeeds.html
General Information
What is a tax
deed sale?
A tax deed sale is the auction of property on which tax certificates have been
sold by the Tax Collector’s Office for delinquent real estate taxes. Tax deed sales are governed by Flo
rida
Statutes,
Chapter 197.
Where can I find general informati
on about tax deed sales?
Online at Tax Deed Sale Information
:
http://www.pbcountyclerk.com/courtservices/tdfc/tdsales.html
.
Where can I find out about properties scheduled
for tax deed sa le?
x
Online at Tax Deeds Public Search:
http://www.pbcountyclerk.com/ORIS/tax_deed.html
x
The Palm Beach Daily Business Review
(
http://www.dailybusinessreview.com
)
publishes a list in their
newspaper. You can call their office at 561
-
820
-
2060 for more information.
When and where are tax deed sales conducted?
x
T
ax deed sales are conducted once a month at 9:00 a.m. on the des
ignated sale day. Sale days can
be obtained from the Palm Beach Daily Business Review
(
http://www.dailybusinessreview.com
)
or
onl
ine at Tax Deeds Public Search (
http://www.pbcountyclerk.com/ORIS/tax_deed.html
).
x
Sales are held at the main courthouse
(
http://www.pbcountyclerk.com/centralmap.html
)
located at
205 North Dixie Highway,
West Palm Beach, in the dining area on
the
first floor, Room 1.2406.
What are other useful links to find information about tax deeds?
x
Property Appraiser:
http://www.co.palm
-
beach.fl.us/papa
x
Tax Col
lector:
http://www.co.palm
-
beach.fl.us/tax
x
Florida
Statutes:
http://www.leg.state.fl.us
Rogue Tax Sale Investor
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272
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Deposits/Payments
What is the r equired deposit at the time of the s
ale?
T
he highest bidder must pay a $200 cash deposit
and present valid identification (e.g., driver’s license, etc.) at the time of sale.
When is the full pa yment due?
Full payment must be received within 24 hours of the advertised sales
time, or the $20
0 cash deposit will be forfeited. Note: The Clerk & Comptroller’s office has the right to
refuse the future bids of bidders who have forfeited sales.
Redemptions
What is a tax deed redemption?
Redemption is the satisfaction of delinquent taxes prior to
the issuance
of a tax deed.
Where do I go for redemption pr ior to the date of sale?
Tax Collector’s Office (
http://www.co.palm
-
beach.fl.us/tax
),
301 North Olive Avenue
, 3rd Floor,
West Palm Beach, Fl
orida
.
Where do I go for redemption on the date of the tax deed sale?
Full payment should be made at the
Clerk & Comptroller’s office located in the main courthouse
(
http://www.pbcountyclerk.co
m/centralmap.html
)
at 205 N. Dixie Highway, Room 3.23.
What form of payment is required for redempti on?
x
Cash
x
Cashier’s check from a U.S. bank
x
An attorney’s trust account check from a Florida bank
.
Note
: Checks must be payable to the Tax Collector
The following forms of payment are
not
accepted:
x
Personal check
x
Credit card
x
Third party cashier’s check.
(3b
) Tax Deeds and Foreclosures Service Charges and Fees
http://www.pbcountyclerk.com
/fee/tdfc.html
(3c) Tax Deeds Public Search
http://www.pbcountyclerk.com/ORIS/tax_deed.html
(3d) Stat ement of C laim Form
htt
p://www.pbcountyclerk.com/pdf/soc_form.pdf
(3e) Request for Lands Available Information
http://www.pbcountyclerk.com/pdf/req_lands_available.pdf
(3f) Administrative Policy 93
-
5
http://www.pbcountyclerk.com/pdf/tax_deed_adm_pol_93
-
5.pdf
ROGUE INVESTOR NOTE
: Memorandum outlining policy regarding the Clerk of Court’s ability to refuse
to recognize the bid
of any person who has previously bid and refused, for any reason, to honor such bid.
Rogue Tax Sale Investor
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PINELLAS COUNTY, FLO
RIDA
http://www.pinellascounty.org
TAX COLLECTOR’S OFFI
CE
http://www.taxcollect.com
Diane Nelson, Tax Collector
(1) Contact Information
http://www.taxcollect.com/Content.aspx?DeptID=24&CommandID=0&Lang=en
Phone:
(72
7) 562
-
3262
Email:
taxcollector@taxcollect.com
Mailing address: P.O. Box 1729, Clearwater, FL 33757
(2) Important Dates Calendar of Events
http://www.taxcollect.com/Content.aspx?ContentID=86&CommandID=2&DeptID=17
April:
Tax Collector will advertise delinquent personal property liens within 45 days from April 1.
May:
A list of delinquent real estate taxpayers is
advertised in newspaper for three consecutive weeks.
The cost of advertising is added to the Delinquent Tax Bill on May 1. Payment of real estate taxes
received after May 15 must be in the form of cash or certified funds. Tax certificate sale of Delinque
nt
Real Estate Taxes, begins on or before June 1.
(3) Office Locations
http://www.taxcollect.com/Content.aspx?DeptID=18&CommandID=0&Lang=en
Clearwater Courthouse
315
Court Street, 3rd Floor
P.O. Box 1729
Clearwater, FL 33757
Phone: (727) 562
-
3262
(
4
) Delinquent Real Estate Taxes
http://www.taxcollect.com/Content.aspx?ContentID=97&
CommandID=2&DeptID=3
Real estate taxes become delinquent on April 1 of the year following the year of assessment. A 3%
mandatory interest is added to the amount due at that time. If the taxes remain unpaid, the delinquent
property will be advertised on
ce a week for 3 consecutive weeks prior to the Tax Certificate Sale and the
advertising fee will be added to the tax bill.
The Tax Collector is required by law to hold a Tax Certificate Sale on or before June 1 each year. If
payment is not received by 5:0
0p
.
m
.
on the business day immediately preceding the date the tax
certificate sale has been advertised to begin, a certificate will be issued and additional charges will
accrue.
A tax certificate is an enforceable first lien against the property for unpa
id real estate taxes. The sale
allows investors to purchase certificates by paying the tax debt. The sale is conducted in a reverse
auction style with participants bidding downward on interest rates starting at 18%. The certificate is
awarded to the bidder
who will pay the taxes, interest and costs and accept the lowest rate of interest. If
there are no bidders, the certificate is issued to the County at 18% annual interest.
To redeem the certificate, the property owner
,
or his representative, must pay th
e Tax Collector the
delinquent taxes plus accrued interest, advertising costs and collection fees. Payment of delinquent taxes
must be made with a cashier’s check, money order, cash or credit card. The amount due for delinquent
taxes is determined by the d
ate received by the Tax Collector and not the postmark. After payment is
received and validated, the certificate holder is reimbursed the cost of the certificate plus interest and the
lien against the property is removed.
Rogue Tax Sale Investor
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274
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If taxes remain unpaid, the certi
ficate holder may file a tax deed application with the Tax Collector two
years after the date of delinquency. The property will be sold at a public auction conducted by the Clerk of
the Circuit Court should the property owner fail to pay the tax debt.
Fo
r more information about delinquent
taxes you may contact us at 727
-
562
-
3262.
Results of the 2007 Internet Tax Certificate Sale
Date tax sale started: June 1, 2007
Duration of Sale
: 1 day
Number of
winning bidders: 26
Weighted a
verage interest rate:
0.30
%
Number of certificates issued:
17,804
Value of certificates issued:
$62,203,116.39
(5) Online Tax Sale FAQs
http://www.taxcollect.com/Content.aspx?ContentID=350&Com
mandID=2&DeptID=3
What is an online certificat e aucti on and how is it different from a t raditional auction?
I
nstead of
meeting in a large room and everyone calling out their bids, each bidder places his/her bid electronically,
over the internet with a c
omputer.
What equipment and software wil l I need?
There is no special software or hardware needed for the
sale. In order to participate, bidders must have access to the internet. The Tax Collector's office will
provide a number of computers for public ac
cess to the internet.
Is training available for the auction software and how do I get it?
On
-
site training classes will be held
at predetermined dates and times. Atten
dance is by registration only.
Please visit
www.pinellastaxsale.com/training
for a list of available dates and locations. Telephone support is also
available by contacting the Realauction customer support center at 877
-
361
-
7325.
What is a Batch?
The certificates being advertised are
sold individually and in the order they are
advertised. However, in order to make the bidding process more manageable, the certificates are divided
into groups called "batches" consisting of 2,000 certificates each.
When can I st art bidding?
You may begi
n entering your bids for all batches on May 11, 2007 at 9:00
a.m.
EDT.
When does the auction start and end?
The auction will officially start on June 1, 2007 at 8:00
a.m.
EDT.
Bidding on all items in Batch 1 will end on June 1, 2007 at 9:00
a.m.
EDT. E
ach subsequent batch will
end every hour until approximately 4:00
p.m
.
How much does it cost to enter the auction?
There is no auction fee to participate
.
However, each
bidder must place a deposit equal to $2,000.00 or 10% of the total face value of the
certificates they
anticipate winning (whichever is larger).
For example: If a bidder anticipates winning $100,000 in tax certificates, he/she must deposit $10,000
with the Tax Collector. If the goal is one certificate for $180, then a deposit of $2,000.0
0 is required.
All funds not used on winning bids will be refunded after the auction concludes.
What happens if I ex haust my deposit while I still have active bids?
Any bids remaining
will not
be
placed unless additional sufficient funds are deposited w
ith the county to meet the $2,000.00 / 10%
deposit requirement. Deposits can be made at any time during the auction. To win any particular
certificate in any batch, the $2,000.00 / 10% requirement must be met
before
the batch containing the
target certific
ate closes.
Rogue Tax Sale Investor
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275
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How do I pay for my security deposit and cer t ificates purchased?
Security deposits and payments
for certificates won can be made using the ACH payment wizard on the auction website.
How do I get started?
To register visit
www.pinellastaxsale.com
and click "Register To Bid". The step by
step wizard will painlessly guide you through the registration process.
What are Primary and Secondary Accounts?
Your initial registration creates what Realauct
ion refers to
as your "Primary" Account.
Once registered, each bidder may add up to 5000 "Secondary" accounts using the Sub Account
Maintenance wizard.
Any bid actions performed on the Primary account will be replicated by all Secondary accounts.
The a
dvantage of Primary/Secondary accounts is that one bidder can easily administer multiple accounts
and using sub accounts increases the bidder’s chance of winning in the event of a tie. The deposit made
by the primary covers all sub accounts under that prim
ary.
Can other participants see my bids?
No.
How does the bidding work?
Auction participants enter their lowest acceptable bid for a certificate.
When a batch ends, each certificate is awarded to the participant with the lowest interest rate bid.
Vali
d bids may be entered between 0 and 18% in 0.25% increments.
What happens in case of a tie bid?
In the case of a tie, the winner will be selected at random by the
auction software. The process used to select the random winner has been certified by an ind
ependent
third party.
When do I have to pay for a successful bid and what happens if I don’t?
Funds to cover all winning
bids must be
posted
on the website within 48 hours of the close of the auction.
If you fail to pay for certificates purchased, your
deposit will be forfeited, your bids canceled, and the
County may revoke future bidding privileges.
What happens to leftover deposit money?
Any deposit money not credited toward winning bids will be
returned to the bidder within two weeks of the close of
the auction.
How do I contact Customer Service?
For technical support or questions regarding auction procedures
including registration, training, bidding or deposits, please use the convenient email form on the website
or contact RealAuction Customer Ser
vice at:
RealAuction Customer Service
Phone: 877
-
361
-
732
Email:
customerservice@realauction.com
861 SW 78th
Avenue, Suite 102
Plantation, FL 33324
For inquires regarding tax payments or instructi
ons on how to pay your property taxes, please contact:
Pinellas County Tax Collector
Main Office
Office h
ours are weekdays 8:00
a
.
m
.
to 5:00
p
.
m
.
Phone: 727
-
562
-
3262 (ask for Delinquent Real Estate Department)
315 Court Street
Clearwater, FL 33756
Rogue Tax Sale Investor
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276
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Imp
ortant Dates
Advertising file publish dates: May 16, May 23 & May 30, 2008
Auction date: Saturday, May 31, 2008
Start Time: 8:00
a.m.
Auction Software Training:
Dates: TBA late April
2008
Times
:TBA
Location: Mid
-
County Service Center (“MCSC”)
13025
Starkey Road
Largo, FL 33773
(6)
Pin
ell
a
sTaxSale.com
http://www.pinellastaxsale.com
ROGUE INVESTOR NOTE
: The Pinellas County tax sale is conducted on the Internet by Real Auction
(see
Private Sector Tax
Sale Administrators
at the end of the Florida section). Visit this website for
Bidding Rules, Training, Start Here, Registering, and Previewing Items for Sale. Note: The list for the
2008 tax certificate auction will be available early in May of 2008.
CL
ERK OF THE CI RC UIT C
OURT
http://www.pinellasclerk.org
Ken Burke, Clerk of the Circuit Court
(1) Locations
and Telephone Numbers
http://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=locations.htm
Clearwater Courthouse
315 Court Street
C
learwater, FL 33756
Official
Records:
Room 163, phone:
(727) 464
-
4876, email:
recording@co.pinellas.fl.us
Recording Services:
Room 150, phone: (727) 464
-
4876, email:
recording@co.pinellas.fl.us
(
2
) Online Contact Form
http://pubtitlet.co.pinellas.fl.us/clerk/emailform/ContactUs.jsp
(
3
) Tax Dee d Sales Information
http://www.pinellasclerk.or
g/aspInclude2/ASPInclude.asp?pageName=taxdeed.htm
A tax deed sale is a public auction where property is sold to the highest bidder in order to recover
delinquent property taxes. The sale or public auction is conducted by a deputy clerk employed by the
C
lerk of the Circuit Court in accordance with Florida Statutes.
Tax deed sales are held in the main lobby of the Clearwater Courthouse located at 315 Court Street,
Clearwater, Florida beginning at 11:00 A.M. The deputy clerk will read the notice of sale a
nd will offer the
lands described in the advertised notice for sale to the highest bidder for cash at public auction.
Tax deed sales are published. The Clerk of the Circuit Court advertises in a local newspaper once each
week for four consecutive weeks a
t weekly intervals prior to the public auction.
If you are a successful bidder at the sale:
x
You must report to the Tax Deed Department, Room 163 of the Clearwater Courthouse,
immediately after the sale. The deputy clerk will calculate the documentary st
amps and recording
fees that are due in addition to the bid amount.
Rogue Tax Sale Investor
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277
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x
Payment in the form of cash, cashier
s check or money order is acceptable. Payment for the
documentary stamps and recording fees should be separate from the payment for the bid
amount. Al
l sales are final. No refunds will be issued.
A cash deposit is require
d
!
If there were other bids, the high bidder is required to post a $200 nonrefundable cash deposit with the
Clerk at the time of the sale. If full payment of the final bid amount, th
e documentary stamp tax and
recording fees is not made within 24 hours of the sale, excluding weekends and holidays, the Clerk will
pay all readvertising costs and costs of the sale from the deposit. If full payment is made in accordance
with the requireme
nts, the deposit will be applied to the sale price.
The bid amount plus applicable documentary stamp taxes and recording fees are required to be paid in
full to the Clerk of the Circuit Court within twenty four (24) hours after the advertised time of sal
e.
More Important Information
Does a tax deed provide a marketable title? You may wish to research or seek advice on any property
you are considering bidding for before the tax deed sale. Generally, when any lands are sold for the
nonpayment of taxes, t
he title may not be a marketable title.
Tax Certificate information can be obtained from the Tax Collector's Office
at
315 Court Street, 3rd Floor
Clearwater, Florida
;t
elephone: (727) 562
-
3262.
Information on the property subject to a tax deed sale
(
including structural information or the physical
address of the property)
is available in t
he Property Appraiser's Office at
315 Court Street, 2nd Floor
Clearwater, Florida
; telephone: (727) 464
-
3207.
Additional information
regarding a tax deed sale
is a
vai
lable from the Tax Deed Office at 315 Court
Street, Room 163, C
learwater, Florida.
(3a
) Tax Dee d Sales
Online Listing
http://www.pinellasclerk.org/tributeweb2
Search tax deed records by sale
date or a date range.
Auctions will be held in the main lobby of the Clearwater Cou
rthouse located at 315 Court Street. All sales
will begin at 11:00
a
.
m.
For further information, call (727) 464
-
3424.
(3
b) Tax Deed Certificates Online Search
http://pubtitlet.co.pinellas.fl.us/clerk/taxdeed/certificatelist/DM49Input.jsp
Search for tax deed status report.
Instructions for browsing tax deed certificates by dat
e of certificate.
(4) Lands Available for Taxes
http://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=landsavailable.htm
Lands available for
taxes are properties that have been advertised for sale by the Clerk at public auction,
and no bidders appeared at the public sale to purchase the properties. When this happens, the Clerk is
required to enter the land on a list called "lands available for
taxes" and to notify the Board of County
Commissioners and all other persons holding certificates against the land that the land is available.
The listing of lands available for taxes is available online
(
http://pubtitlet.co.pinellas.fl.us/clerk/taxdeed/landsavailable/DM68Input.jsp
), or
a hard copy of the listing
may be purchased in the Recording Services Department, 315 Court Street, Clearwater, Florida 33756.
A
Rogue Tax Sale Investor
-
278
-
parcel of land may be purchased from the listing the Recording Services Department's Tax Deed Section.
Payment of the total amount owing on the property must be in the form of cash, cashier's check or money
order. C
all the Tax Deed Section at 727
-
464
-
342
4 to schedule an appointment to purchase "lands
available for taxes."
Any person may purchase property from the list of lands available for taxes. The county has 90 days after
the land is placed on the list to purchase the land for the opening bid, if al
l outstanding tax sale
certificates were issued after July 1, 1999. If any tax sale certificates were sold on or before July 1, 1999,
the County has 90 days from the sale date to purchase the land. After the 90 days, any person, the
county or governmental
unit may purchase the land for the opening bid without further notice or
advertising required. "Omitted" taxes plus interest will be added to the minimum bid except when the
county or other governmental unit is the purchaser for its' own use.
Information
on properties
(including structural information or the physical address of the property)
listed
on the Lands Available for Taxes list is available in the Property Appraiser's Office:
315 Court Street, 2nd Floor
Clearwater, Florida, 33756
(727) 464
-
320
7
or online at the Pinellas County Property Appraisers' Database Search,
http://www.pcpao.org/searchpage.php
.
Appraisal information on the property is also available by clicking
on the Parcel Number Li
nk from the Clerk's La
nds Available For Taxes listing
(
http://pubtitlet.co.pinellas.fl.us/clerk/taxdeed/landsavailable/DM68Input.jsp
).
More Important Informat
ion
"Omitted taxes" are those taxes that have not been extended on the tax roll against a parcel of property
after the property has been placed on the listing of lands availa
ble for taxes. (Section 197.102[2]
Florida
Statutes.) "Omitted taxes" are paid pl
us interest.
It is suggested that you seek advice on any property that you are considering for purchase. There may be
liens or encumbrances on the property.
(4a) Lands Available for Taxes Onl ine Listing
http://pubtitlet.co.pinellas.fl.us/clerk/taxdeed/landsavailable/DM68Input.jsp
PRIVATE SECTOR TAX SALE ADMINI STRATORS
BID4ASSETS
http://www.bid4assets.com
(1) Flori
da Tax Certificate Sales
http://www.bid4assets.com/help/index.cfm?fuseAction=TaxSaleLiensMain
Bid4Assets has conducted tax certificate sales in Florida since 2005. Bid4
Assets has become one of the
leading providers of auction management solutions handling the sales of tax certificates for 12 Florida
Counties.
Contact Information
Tax Sale Coordinator
8757 Georgia Avenue, Suite 1330
Silver Spring, MD 20910
E
mail:
county@bid4assets.com
Rogue Tax Sale Investor
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279
-
Florida Counties Internet Auction Websites and Sale Dates
Alachua County = May 14
May 30
http://alachua.taxsale.com
Brevard County = May 15
May 30
http://brevard.taxsale.com
Duval County = May 13
May 30
http://duval.taxsale.com
Escambia County = May 8
May 30
http://escambia.taxsale.com
Gilchrist County = May 8
May 28
http://gilchrist.taxsale.com
Santa Rosa County = May 14
May 30
http://santarosa.taxsale.c
om
Sumter County = May 9
May 30
http://sumter.taxsale.com
Taylor County = May 7
May 28
http://taylor.taxsale.com
Walton County = May 15
May 30
http://walton.taxsale.com
ROGUE INVESTOR NOTE
: Bid4Assets also conducts the tax lien sale for Gadsden County.
GRANT STREET GROUP
http://www.lienauction.com
LienAuction is t
he first software built to conduct on
line tax certificate auctions.
Since 2004, Grant Street
Group clients have conducted 47 tax certificate sales using LienAuction software
-
selling nearly 517,000
certificates valued in excess of $1.4 billion. Grant Stre
et Group developed and now hosts 16 LienAuction
sites for sellers in 3 states.
For Bidders
Auctions take place on each se
ller's custom auction website.
Typically, auctions are held annually and
bids are accepted over a period of a few days to several w
eeks.
Information on the format of each sale can be found under "Documentation" on the auction site home
page.
An online registration is required before you can enter a live or trial auction, or review a software demo.
Registration is simple and free. Yo
u can start the process by clicking the "Register" bu
tton on any auction
home page.
Your registration on one LienAuction site is valid for all other auctions hosted by Grant Street
Group, so you only need to register one time.
You should review the comple
te list of sites
(
http://www.lienauction.com/sites.html
)
, which includes when
the next auction is scheduled.
Rogue Tax Sale Investor
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280
-
(1) Auction Web Sites
http://www.li
enauction.com/sites.html
Citrus County = May 9
May 30, 2008
https://www.bidcitrus.com
Clay County = May 8
May 30, 2008
https://www.bidclay.com
Highlands County =
May 15
May 31, 2008
https://www.bidhighlandscounty.com
Lake County = May 8
May 30, 2008
https://www.bidlaketax.com
Leon County = May 15
June 1, 2008
https://www.bidleon.com
Marion County = May 6
June 1, 2008
https://www.bidmarion.com
Miami
-
Dade County = May 1
June 1, 2008
https://www.bidmiamidade.com
Okaloosa County = May 7
June 1, 2008
https://www.bidokaloosa.com
Osceola County = May 8
May 30, 2008
https://www.bidosceola.co
m
Palm Beach County = May 14
June 1, 2008
https://www.bidpbtc.com
Pasco County = May 14
May 29, 2008
https://www.bidpasco.com
St. Lucie County = May 14
May 30,
2008
https://www.bidstlucie.com
Volusia County = May 12
May 30, 2008
https://www.bidvolusia.com
REAL AUCTION
http://w
ww.realauction.com
(1) List of County Auctions
http://www.realauction.com/template.cfm?r=LeftMenu/ListCountyauctions
Florida online auctions open in
May and end as
late as June 1.
Practice website
Florida counties, visit
http://www.floridataxsale.com
. New auctions every day.
Charlotte County, visit
http://www.charlotteta
xsale.com
Auction Opens: 5/6/08
Auction Ends: 5/30/08
Rogue Tax Sale Investor
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281
-
Columbia County, visit
http://www.columbiataxsale.com
Auction Opens: 5/9/08
Auction Ends: 5/31/08
Flagler County, visit
http://www.flaglertaxsale.com
Auction Opens: 5/9/08
Auction Ends: 5/30/08
Gadsden County, visit
http://www.gadsdentaxsale.com
Auction Opens: 5/8/08
Auction Ends
: 5/28/08
Hernando County, visit
http://www.hernandotaxsale.com
Auction Opens: 5/14/08
Auction Ends: 5/30/08
Hillsborough County, visit
http://www.hills
boroughtaxsale.com
Auction Opens: 5/2/08
Auction Ends: 5/31/08
Lee County, visit
http://www.leetaxsale.com
Auction Opens: 5/1/08
Auction Ends: 5/30/08
Levy County, visit
http://www.levytaxsale.com
Auction Opens: 5/15/08
Auction Ends: 5/30/08
Monroe County, visit
http://www.monroetaxsale.com
Auction Opens: 5/7/08
Auction Ends: 5/31/08
Nassau County, visit
http://www.nassautaxsale.com
Auction Opens: 5/12/08
Auction Ends: 5/29/08
Orange County, visit
http://www.orangetaxsale.com
Auction Opens: 5/12/08
Aucti
on Ends: 5/31/08
Pinellas County, visit
http://www.pinellastaxsale.com
Auction Opens: 5/16/08
Auction Ends: 5/31/08
Polk County, visit
http://www.polktaxsale.co
m
Auction Opens: 5/9/08
Auction Ends: 5/30/08
Putnam County, visit
http://www.putnamtaxsale.com
Auction Opens: 5/1/08
Auction Ends: 5/24/08
Sarasota County, visit
http://www.sarasotacountytaxsale.com
Auction Opens: TBA
Auction Ends: 6/1/08
Seminole County, visit
http://www.seminoletaxsale.com
Auction Opens: 5/4/08
Auction Ends: 5/30/08
Rogue Tax Sale Investor
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Suwannee
County, visit
http://www.suwanneetaxsale.com
Auction Opens: 5/13/08
Auction Ends: 5/30/08
(2) Realnews
http://www.realauction.com
, left
-
hand column
Announceme
nts include upcoming tax sale auctions.
(3) Contact Information
http://www.realauction.com/template.cfm?r=Contactus/Enquiries
Realauction.com, LLC.
Corporate Headquarters
86
1 SW 78th Avenue
,
Suite 102
Plantation, FL 33324
Phone:
954
-
734
-
7400
F
ax: 954
-
424
-
7601
Email:
info@realauction.com
Customer support email:
customerservice@
realauction.com
Rogue Tax Sale Investor
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283
-
Georgia
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes.
Sales are conducted by the Tax Commissioner’s Office.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Four Stars (****)
Interest Rate:
20% flat in
terest rate the first year; an additional 10% after the first year
(see
Redemption Period below).
Sale Period
:
Sal
es occur on the first Tuesday of
the
month, by determination of the
Tax
Commissioner
.
In most cases, the Tax Commissioner acts as ex
-
officio
sheriff for collecting
taxes.
Redemption Period:
One
-
year extended
right of redemption
period
following the tax deed sale
.
However,
the
tax deed holder may allow a property owner to redeem after 1 year if he/she
chooses.
If the taxes are redeemed, the ta
xdeedholderreceivesa20%flatinterestrate,
regardless of when the property is redeemed within the 1
-
year redemption period. If redeemed
within 1 month, the investor still receives 20%, which results in an outstanding annual return of
240%. After the
first year, the investor is entitled to an additional 10% interest. Upon
redemption, the investor must issue a quit
-
claim deed to release the tax deed.
Bidding Process:
All a
uctions are by competitive bid, with the property being sold to the
highest bidde
r. The opening bid is the outstanding taxes, penalties, interest, fees and
advertising costs.
State
-
Specific Information:
Georgia is a complicated tax
deed
state because the auctions
occur frequently
and, although the redemption period is quick, the for
eclosure process is not
easy.
The Tax Commissioner will generally perform a title search and notify all interested
parties. This helps eliminate some of the investor’s burden.
Georgia law allows the property owner, or anyone with any right, title or inte
rest in the property
,
to repurchase (redeem) the property. Until the right of redemption has been foreclosed or the
title has ripened by prescription, a tax deed has the same force and effect as a lien. When real
property is sold at a tax sale, the owner,
creditor, or any person having an interest in the
property may redeem (repurchase) the property from the holder of the tax deed within 12
months.
The tax deed holder has defeasible title for the first 12 months, and is therefore responsible for
paying th
enextyearstaxes.Ifthetaxdeedholderfailstopay,anotherinvestorcanpurchasea
deed for the taxes owed; therefore, it is best to
keep the taxes current
.
After 12 months from the date of the tax sale, the purchaser at the tax sale may terminate
or
foreclose on the owner’s right to redeem the property by causing a notice(s) of the foreclosure
to be served by certified mail to the owner of record and to all interest holders that appear on
the public record. In addition, the notice of foreclosure i
stobepublishedinthenewspaperinthe
county in which the property is located, once a wee
kforfourconsecutiveweeks(refertoOCGA
48
-
4
-
45 to 48
-
4
-
48
)
.
AnoticemustbeservedbytheSheriffsOfficewithin15days,and
advertising must occur 30 days
after the notice. Acquisition of the property will take a minimum
Rogue Tax Sale Investor
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284
-
of
approximately
1yearand45days.Becausetheprocessiscomplicated,consultingwithones
attorney is recommended. Georgia also recommends that the purchaser seek legal advice
regardin
gthepetitiontoquietthetitle(OCGA23
-
3
-
60). After this process is fulfilled, the investor
has fee simple title to the property.
You cannot take possession of or collect rent during the redemption period or before the
property owner
srightofredemp
tion has been removed through foreclosure.
According to Georgia state law (OCGA 48
-
4
-
48), a title under a tax deed properly executed on
or after July 1, 1996, at a valid and legal sale, shall ripen by prescription after 4 years. However,
arecentcourtca
se may render the ripening by prescription as inapplicable. Consult the county
and legal counsel for more information.
Georgia County Links:
See
Georgia
Tax Sales
at
http://www.tax
-
lien
-
certificates.
com
Detailed County
-
Specific Information
:
COBB COUNTY, GEORGIA
http://www.cobbcounty.org
TAX COMMISSIONER’S O
FFICE
http://www.cobbtax.org/Main/Home.aspx
Gail Downing, Tax Commissioner
Tori Steele, Chief Clerk
(1)
Office
Location
and Hours
http://www.cobbtax.org/Forms/HtmlFrame.aspx?mode=content/office_loca
tion_hours.htm
Main office for the Property Tax Division
736 Whitlock Avenue Suite 100
Marietta, GA
30064
Phone: (770) 528
-
8600
Fax: (770) 528
-
8679
(2) Online Contact Form
http://www.cobbta
x.org/Forms/ContactUs.aspx
PROPERTY TAX DIVISION
(within the Tax Commissioner’s Office)
http://www.cobbtax.org/Forms/HtmlFrame.aspx?mode=content/mainpage_taxes.ht
m
This office collects real/personal property taxes not only for Cobb County but also for the City of Acworth.
For information, call (770) 528
-
8600
.
(1
) Delinquent Taxes
http://www.cobbtax.org/Forms/HtmlFrame.aspx?mode=content/Delinquent_Taxes.htm&LMparent=189
All taxes remaining unpaid after the due date are delinquent and are subject to interest and penalties. The
Tax Commissioner's Office m
ails 30
-
day late notices on all unpaid accounts. Any taxes remaining unpaid
at this time are subject to levy and tax sale. A listing of all delinquent taxes may be found in the Cobb
County Tax Commissioner's Tax Vault located
at
736 Whitlock Avenue, Suite
100 in Marietta
. This listing
is updated monthly. Terminals are also available for public use in checking unpaid taxes.
Rogue Tax Sale Investor
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285
-
The Cobb County Tax Commissioner's Office follows legal procedures prescribed by the Official Code of
Georgia Annotated (OCGA) when lev
ying property. We strongly suggest you read those sections of
Georgia law which pertain to tax executions and tax sales. OCGA Title 48
-
Revenue and Taxation,
Chapter 3
-
"Tax Executions," and Chapter 4
-
"Tax Sales," contain important information that you
must
be aware of.
Tax Sales:
Tax sales are held on the first Tuesday of each month, between the hours of 10
:00
a
.
m
.
and
4
:00
p
.
m
.
on the steps of the Superior Court building (except when the first Tuesday of the month falls on
a legal holiday
,
in which
case the sale is held the next business day). Properties scheduled for tax sale
may be reviewed in the Levy Department of the Tax Commissioner's Office. A listing of the properties
may also be found in the Friday edition of the Marietta Daily Journal for a
four
-
week period prior to the
sale.
Starting bid lists may be picked up after 12
:00
noon the Friday before the sale in the Levy Department.
You do not need to pre
-
register to bid at the tax sale; however, you must be present in order to bid. We
do not a
ccept mail, phone, or fax bids. The opening bid for a particular property is the amount of tax due,
plus penalties, interest, fi. fa. costs, levy costs, administrative levy fee, certified mail cost, advertising cost,
and tax deed recording fee. The propert
y is sold to the highest bidder. We require payment in full upon
conclusion of the tax sale
. Payment must be in the form of cash, certified check, cashier
s check, or
money order. If there is any excess after paying taxes, costs, and all expenses of a sale
, the tax
commissioner or tax collector may file an interpleader action in superior court for the payment of the
amount of such excess. Such excess shall be distributed by the superior court to intended parties,
including the owner as their interest appear
s and in the order of priority in which their interest exists
(OCGA 48
-
4
-
5). Any properties not receiving a bid may be reauctioned that afternoon at 3:00 p.m.
The tax sale purchaser receives a tax deed to the property. However, they cannot take immediate
possession of the property, make any improvements to the property, evict any tenants, or move onto the
property. Georgia law allows the property owner, or anyone with any right, title or interest in the property
to repurchase (redeem) the property. Until t
he right of redemption has been foreclosed or the title has
ripened by prescription, a tax deed has the same force and effect as a lien.
Right of Redemption:
When real property is sold at a tax sale, the owner, creditor, or any person having
an interest
in the property may redeem (repurchase) the property from the holder of the tax deed within
12 months.
The redemption price is the bid amount, plus any taxes paid by the purchaser after the tax sale, plus any
special assessments on the property, plus a 20
% premium of the amount for the first year or fraction of a
year which has elapsed since the date of sale, and a 10% premium for each additional year or fraction of
a year thereafter, plus the sheriff and advertisement costs. The tax sale purchaser is resp
onsible for
determining the amount payable for redemption. Redemption of the property puts the title conveyed by
the tax sale back to the owner of record subject to all liens that existed at the time of the tax sale.
Notice of Foreclosure of Right to Red
eem:
Af
ter 12 months from the date of the tax sale, the purchaser
at the tax sale may terminate or foreclose on the owner's right to redeem the property by causing a
notice(s) of the foreclosure to be served by certified mail to the owner of record and to
all interest holders
which appear on the public record. In addition, the notice of foreclosure is to be published in the
newspaper in the county in which the property is located once a week for four consecutive weeks.
For more information on Tax Sales, pl
ease
visit
http://www.cobbtax.org/Forms/pdffiles/taxsales.pdf
to
obtain a copy of our "Real Property Tax Sales" booklet.
(2
)
Real Property
Tax Sales
Booklet
http://www.cobbtax.org/Forms/pdffiles/taxsales.pdf
ROGUE INVESTOR NOTE
:
This brief publication is designed to answer tax sales questions and provide
an insight into the legal framework that gives the authority for con
ducting a real estate tax sale in the state
of Georgia.
See web page for the following information: Introduction, Tax Sale Procedures, Fieri Facias
(Fi. Fa.), Authority to Sell, 30 Day Notice Before Issuing Fi. Fa., Issuance and Recordation of Fi. Fa.,
Lev
y, Pointing Out Privilege, Advertising, 10 Day Notice to Owner, Starting Bids List, Tax Sale, Payment,
Rogue Tax Sale Investor
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286
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Sale Closing, Payment of Excess Funds After the Tax Sale, Right of Redemption and the Amount
Payable for Redemption, Notice of Foreclosure of Right to Re
deem, After the Right o
f Redemption is
Foreclosed,
Ripening of the Tax Deed Title by Prescription
An Alternati
ve Method, Subsequent Tax
Sales, and Questions.
(3) Frequently Asked Questions
http://www.cobbtax.org/Forms/HtmlFrame.aspx?mode=content/faq.htm&LMparent=189
When does a Fi.Fa. (Tax Lien) go on the property?
After the last day of payment of taxes the Tax
Commissioner will notify the taxpayer in writing
that the taxes are outstanding and unless paid within thirty
(30) days, an execution (Fi.Fa.) will be issued in accordance with O.C.G.A. 48
-
3
-
3.
When, where and what time is the tax sale?
Tax levy sales are held on the first Tuesday of each
month. If Tu
esday falls on a holiday, the sale will take place on the first Wednesday. The sale is held on
the Courthouse steps and starts at 10:00 a.m. Legal hours of tax sales are between 10:00 a.m. and 4:00
p.m.
Further information on tax sales is available on thi
swebsite.
When and where do you advertise f or the sale?
Advertisements can be found each Friday in the
Marietta Daily Journal.
DEKALB COUNTY, GEORG
IA
http://www.co.dekalb.ga.us
TAX COMMISSIONER’S O
FFICE
https://dklbweb.dekalbga.org/taxcommissioner/index.asp
Claudia G. Lawson
, Tax Commissioner
Phone: (404) 298
-
4000
(1) Location and H ours
https://dklbweb.dekalbga.org/taxcommissioner/index.asp?pg=Locations
Property
, Mailing Address
DeKalb County Tax Commissioner
Collections Division
P
.
O
.
Box 100004
Decatur, GA 30031
-
7004
Central Office
4380 Memorial Dr
ive, Suite 100
Decatur, GA 30032
(2) Tax Sale General Information
https://dklbweb.dekalbga.org/taxcommissioner/index.asp?pg=TaxSaleGeneralInformation
(
For specific information consult your attorney.)
A tax lien attaches to the property at its valuation (January 1st; O.C.G.A. 48
-
2
-
56). A tax lien against real
property is superior to all other liens. The lien is released by paying the tax charged against
it. On
December 31st (O.C.G.A. 48
-
3
-
3) of each year the Tax Commissioner must issue an execution (Fi
.
Fa.)
against all delinquent taxpayers. Executions direct the levying officer to levy on the property. It is the duty
of that person to enforce an executio
n by either collection or levy and sale.
Tax sales are held each month, generally from April through December. Sales are scheduled on the first
Tuesday of any given month on the Courthouse steps at 12:00
n
oon. Notice of the sale is published once
Rogue Tax Sale Investor
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287
-
a week f
or four weeks immediately preceding the sale in the legal organ (newspaper) for the county,
which is presently The Champion Newspaper. We do not have a mailing list for our tax sales; however, if
you are interested in what properties are being sold, you sh
ould obtain a copy of The Champion
Newspaper. For more information concerning The Champion Newspaper, please visit their website at
www.championnewspaper.com
.
Tax sale bidding commences with the total of
taxes and costs (levy, recording, advertising and
commissions) on each parcel, with the property being sold to the highest bidder. If there are no bidders,
the County may enter a bid on the property equal to the starting bid.
While the successful bidder r
eceives a tax deed, he has no immediate control over the property. The
taxpayer or any other person having a right, title, interest in, or lien upon the property may redeem it
at
any time within 12
months from the date of the sale by paying the redemption
price. The purchaser is not
entitled to rents and/or profits arising from the property during the redemption period.
The redemption price is the amount paid for the tax deed at the tax sale plus any taxes subsequently paid
by the tax deed purchaser plus 2
0% of that amount for the first year or fraction of a year elapsing
between the date of the sale and the date of redemption. After the first year following the conclusion of
the tax sale
,
the tax deed purchaser is entitled to an additional 10% for each sub
sequent year or fraction
of a year until redemption.
Twelve months after the date of the sale the purchaser may begin to forever bar the right of redemption
by having proper notice served upon the taxpayer, occupant (if any) and upon all persons having
r
ecorded any right, title, interest in, or lien on the property in the county where the property is located in
accordance with O.C.G.A. 48
-
4
-
45 through 48
-
4
-
48. Additional fees may be charged for sheriff’s service
and advertising 30 days after service of no
tice. Thus a minimum time of one year and forty
-
five days
elapses between acquisition of a tax deed and the right to physical control of the property.
Even though the purchaser receives defeasible title before the redemption period expires, he or she
acqu
ires sufficient interest in the property to make a return on the property after January 1st the following
year (if still unredeemed) and also to be liable for taxes due on the property the year in which it is sold
and subsequent years until redeemed. Curre
nt year tax information is available through the DeKalb
County Tax Commissioner website at
http://www.co.dekalb.ga.us/taxcommissioner
.
A
Georgia Supreme Court Decision (
Blizzard v. Moniz, 271 Ga.
50, 518 S.E.2d 407 [1999])
has rendered
"ripening by prescription" (O.C.G.A. 48
-
4
-
48) inapplicable to tax sale purchases in most cases. The Court
determined that actual possession of the property is necessary for a tax deed to convey fee simple title to
t
he property absent the process of barring or foreclosing the right of redemption.
It is important to remember that the worth of a tax title is subject to many factors and that all tax sales are
administered under the doctrine of caveat emptor
(“Let the bu
yer beware [or take care]”). T
o ensure your
rights you should consult a knowledgeable real estate attorney.
(3) Conditions of Sale
https://dklbweb.dekalbga.org/taxcommission
er/ConditionsOfSale.htm
Sale will be conducted as follows:
x
Officer conducting sale will identify each parcel to be sold by the file number.
x
Officer will read legal description.
x
Officer will call out beginning bid, which consists of original taxes, lat
e payment penalty, interest,
Fi. Fa. cost, execution fee and other legal costs and fees as enumerated and allowed under
O.C.G.A. 15
-
16
-
25 and 19
-
13
-
143.
x
Officer will accept bids in total dollar amount only.
x
Officer will knock down each parcel sold to the b
est and highest bidder for cash.
Rogue Tax Sale Investor
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288
-
Conditions of sale:
x
Cash, cashier’s or certified check must be paid no later than one hour following conclusion of the
sale, at the Office of the Tax Commissioner, Delinquent Collections Division, Suite 100, 4380
Memor
ial Drive, Decatur, Georgia 30032. Personal checks will not be accepted. Purchaser will be
receipted for purchase.
x
Tax deed and Fieri Facias will be forwarded to purchaser at address shown on receipt within 30
working days from the date of sale, or at the
earliest possible date.
x
Cash payments will be accepted in U.S. dollars only.
In the event that any bidder refuses to comply with his bid or fails to tender the required cash payment
within one hour following conclusion of sale, resale will take place on s
ame day at 2:00 p.m. or earliest
time within the legal hours of sale. The sale officer will reserve the right at second sale to either accept or
reject bids from purchaser failing to comply with bids at first sale. Any bidder refusing to comply with his
bi
d may be liable for the bid amount difference between the first and second sale.
Please remember that this is a legal proceeding and all bids entered are binding and the best and highest
bid will be collected in full.
ROGUE INVESTOR NOTE
: See web page fo
r some additional information.
(4) Basic Property Des cription
https://dklbweb.dekalbga.org/taxcommissioner/TaxSaleBrief.asp
Property lists for
May 2008
tax sales as of
April
16, 2008.
FULTON COUNTY, GEORG
IA
http://www.co.fulton.ga.us
TAX COMMISSIONER’S O
FFICE
http://www.fultoncountytaxes.org/fultoniwr
Arthur E. Ferdina
nd, Tax Commissioner
(1) Office Locations
http://www.fultoncountytaxes.org/fultoniwr/06_depts_Locations.htm
Fulton County Government Center
141 Pryor Street
Atlanta, GA 3
0303
(
2
) Delinquent Taxes Foreclosures
http://www.fultoncountytaxes.org/fultoniwr/11c_depts_property_taxes.htm
All taxes remaining unpaid after the city and county d
ue dates are delinquent and are subject to interest
and penalties. The City of Atlanta due date is normally August 15 and the County due date is normally
October 15. Interest at the rate of one percent (1%) per month accrues on the 16th of the month after
the
due date and the 16th of each following month thereafter. A one time ten percent (10%) tax penalty
accrues ninety (90) days after the due date, except for homesteaded property where the tax is $500.00 or
less. Additional fees and costs accrue as collec
tion action continues. The Tax Commissioner mails 30
-
day late notices on all unpaid accounts and any taxes remaining unpaid at this time are subject to levy
and foreclosure. A listing of all delinquent taxes are available for public inspection and use in t
he Tax
Commissioner’s Tax Record Room at the Downtown location, 141 Pryor Street, SW, Room 1089.
The Fulton County Tax Commissioner’s Office follows legal procedures prescribed by the Official Code of
Georgia Annotated (O.C.G.A.) when levying property. It
is strongly suggested that you read those
sections of Georgia law which pertain to tax executions and tax foreclosures. O.C.G.A. Title 48
Rogue Tax Sale Investor
-
289
-
Revenue and Taxation, Chapter 3
“Tax Executions,” and Chapter 4
“Tax Sales,” contain important
information.
(3
) Property Tax Sales
http://www.fultoncountytaxes.org/fultoniwr/11d_depts_property_taxes.htm
Tax Sales are held on the first Tuesday of each month, between the hours
of 10
:00
a
.
m
.
and 4
:00
p
.
m
.
on
the steps of the Fulton County Courthouse, 136 Pryor Street, SW (except when the first Tuesday of the
month falls on a legal holiday
,
in which case the sale is held the next business day). A courtesy listing of
properties up
for sale is available in the office and may be viewed or downloaded from this website or
found in the Friday edition of the Fulton Daily Report,
www.dailyreportonline.com
, for a four
-
week period
prior to t
he Tuesday Sale date.
You do not need to pre
-
register to bid at the tax sale; you must be present at the Sale to bid. Bids by mail,
phone, or fax are not accepted. The opening bid for a particular property is the amount of tax due
, plus
penalties, interes
t, Fi. F
a. costs, levy costs, administrative levy fee, certified mail cost, advertising costs,
and tax deed preparation and recording fee. The property is sold to the highest bidder. Payment is
required in full upon conclusion of the tax sale. Payment must
be in the form of cash, cashier’s check, or
money order. If there are any excess funds after paying taxes, accrued costs, and all expenses of a tax
sale, the Tax Commissioner files an Interpleader Action with Superior Court which determines how the
excess
funds are to be distributed.
The tax sale purchaser receives a tax deed to the property. However, they cannot take immediate
possession of the property, make any improvements to the property, evict any tenants, or move onto the
property. Georgia law allo
ws the property owner, or anyone with any right, title or interest in the property
to repurchase (redeem) the property. Until the right of redemption has been foreclosed or the title has
ripened by prescription, a tax deed has the same force and effect as
a lien.
Fulton County Tax Commissioner receives many inquiries concerning real estate tax sales. Both Non
-
Judicial Ex
-
Officio Tax Sales and Judicial In Rem Tax Foreclosure Sales are conducted each month. This
brief publication is designed to answer questi
ons and provide an insight into the legal framework that
gives the authority for conducting a real estate tax sale in the state of Georgia.
This information is not intended as a substitute for professional advice or assistance. Prospective
purchasers are
encouraged to consult an attorney. Keep foremost in mind that it is up to the purchasers
at a tax sale to assure themselves of the soundness of the sale and the deed acquired at the sale. No
warranties are given or implied and clear title is not contemplat
ed. Our primary concern is the payment of
delinquent taxes. The conveying of property, or rights to property, is coincidental.
Applicable references to the Official Code of Georgia are given both as a source of authority and to add to
a clear understandin
g of real estate tax sales in the state of Georgia.
Attention
Prospective Non
-
Judicial Purchasers: You are encouraged to read the following information
which will answer most of your questions regarding tax sales. As tax sale purchasers, you are responsi
ble
for knowing the law regarding tax sale purchases and should familiarize yourself with all the applicable
statu
t
es. You should research each property, perform a site visit and know the property prior to bidding at
tax sale.
You are reminded that a tax
deed only conveys “defeasible” title to property. To acquire fee simple title to
property, a tax deed purchaser must foreclose the right to redeem pursuant to state law.
The legal axiom of caveat emptor
,
“buyer beware
,
” applies to tax sales (O.C.G.A.
§9
-
13
-
167). Therefore,
you are charged with knowledge of the titles of the properties sold and any defects in these titles. The
Fulton County Tax Commissioner does not warrant the titles and any title search done for the Tax
Commissioner should not be conside
red an opinion of title to rely on by tax sale purchasers.
The Fulton County Tax Commissioner reserves the right to void any tax sale that is later determined to
have conditions which may invalidate a sale. The Tax Commissioner cannot and does not guarant
ee any
expected gain on investment.
Rogue Tax Sale Investor
-
290
-
Several actions are required by law in preparation for auctioning property. Information folders are kept on
these parcels including our title search, tax maps and/
o
r plat, various correspondences, and our Ex
-
Officio Sher
iff’s Notice of Service. Our title searches are for our purposes only, and would not serve the
needs of the buying public. Keep in mind that it is the purchasers’ responsibility to assure themselves of
the soundness of the titles of all properties sold at
a tax sale.
Questions may arise that are outside of the scope of the duties and responsibilities of the Tax
Commissioner. For example, concerns regarding building code requirements, sewer lines, easements,
etc. are not handled by the Tax Commissioner. In
these cases, the person interested in the property must
seek answers in other county and city offices.
An important point that must not be overlooked by the purchaser at a tax sale is that other taxes might be
unpaid. If the parcel of land is located in a
city that collects their own taxes, the city taxes could be unpaid
as well. It is also possible that additional county taxes have become delinquent since proceedings first
began on the parcel you are considering.
Can you lose money? Maybe! One can obtain
a bad deed or title at a sale, whether from an individual or
from a tax sale. It is recommended that those contemplating purchasing property at a tax sale consult an
attorney, assure that the title is good, verify the information gathered, read those sect
ions of Georgia law
pertaining to tax sales, and attend sales to become familiar with the proceedings.
The buyer at a tax auction is responsible for proper processing of documents concerning the foreclosure
of the owner’s right to redeem and those documen
ts concerning the right of redemption. The Tax
Commissioner’s Office prepares and records the Tax Deed and the Real Estate Transfer Tax form after
the sale.
(3
a
) Tax Sale Proce dures
http://www.fultoncountytaxes.org/fultoniwr/13a_property_tax_sales.htm
The Fulton County Tax Commissioner’s Office follows certain procedures when it levies upon a piece of
property. These procedures are prescribed by the Official Code of G
eorgia Annotated (O.C.G.A.). You will
see code sections referenced throughout this information. These references are a starting point for your
research and are by no means a complete listing. It is strongly suggested that you read those sections of
Georgia
law which pertain to Tax Executions and Tax Sales. O.C.G.A.§ Title 48
-
Revenue and Taxation,
Chapter 3
Tax Executions, and Chapter 4
Tax Sales, contain important information. Also read and
research those Opinions of the Attorney General and Judicial
Decisions that are shown after each code
section. These opinions and court cases are extremely important and must be taken into consideration
when interpreting these laws. Each procedure and reference code section to which you may refer will be
explained.
(3
b
)
Fieri Facias (Fi.
Fa.)
http://www.fultoncountytaxes.org/fultoniwr/13b_property_tax_sales.htm
A Fi.Fa. (short for fieri facias
a Latin term for “cause it to be
done” and also used interchangeably with
Tax Execution
or
Execution
) is a tax lien or writ, authorizing the Sheriff or Ex
-
Officio Sheriff to obtain
satisfaction of unpaid taxes by levying on and selling the delinquent taxpayer’s property. These
documents a
re recorded on the General Execution Docket (“GED”) of the Clerk of Superior Court
(O.C.G.A.
§ 48
-
3
-
1 and 48
-
3
-
3).
(3
c
) Authority to Sell
http://www.fultoncountytaxes.or
g/fultoniwr/13c_property_tax_sales.htm
The Fulton County Tax Commissioner also serves as Ex
-
Officio Sheriff of Fulton County. Each Ex
-
Officio
Sheriff or Deputy Sheriff as appointed by the Sheriff has full power to advertise and bring property to sale
fo
r the purpose of collecting taxes due the state and county (O.C.G.A.§ 48
-
2
-
55).
Taxes due the state and county are not only against the owner but also against the property regardless of
judgments, mortgages, sales, or encumbrances. Taxes constitute a gene
ral lien upon all property of a
Rogue Tax Sale Investor
-
291
-
taxpayer and the lien attaches on January 1st of each tax year, even though a Fi.fa. has not been issued
(O.C.G.A.
§ 48
-
2
-
56 and 48
-
5
-
28).
(3
d
) 30
-
Day Notice Before Issuing Fi.
Fa.
http://www.fultoncountytaxes.org/fultoniwr/13d_property_tax_sales.htm
After the due date for payment of real estate taxes, the Tax Commissioner shall notify the taxpayer in
writing that the taxes are outstan
ding, and unless taxes are paid within thirty (30) days, an execution
(Fi.fa.) will be issued (O.C.G.A.§ 48
-
3
-
3).
(
3
e
) Issuance and Recor dation of Fi.
Fa.
http://www.ful
toncountytaxes.org/fultoniwr/13e_property_tax_sales.htm
At any time after the 30
-
day notice has elapsed, the Tax Commissioner shall issue an execution (Fi.fa. or
tax lien) against the owner and the property. The execution (fi.fa.) is directed “to all an
d singular sheriffs
of this state” (which means Sheriffs or Tax Commissioners who serve as Ex
-
Officio Sheriffs) and shall
direct them to seize and sell the property of the delinquent taxpayer to satisfy the delinquent taxes. The
property shall be plainly d
escribed on the execution (Fi.fa.). The execution also bears interest at the rate
of 1% per month from the date the tax was due. The execution (Fi.fa.) is then recorded on the General
Execution Docket (GED) of the Clerk of Superior Court.
(
3
f)
Levy
http://www.fultoncountytaxes.org/fultoniwr/13f_property_tax_sales.htm
When real estate is levied upon, the levy officer who acts as an Ex
-
Officio Deputy Sheriff is directed
by a
tax execution to seize and sell the property to satisfy the delinquent taxes. The Ex
-
Officio Deputy Sheriff
must give 20 days
written notice before advertising to the owner, tenant, holder of the security deed, IRS,
Georgia Department of Revenue and
Labor and EPD or EPA (if outstanding federal tax liens or state of
Georgia liens, EPD or EPA liens exist). This levy notice is delivered by certified mail and if we cannot
affect service by certified mail (mail returned unclaimed or undeliverable), this no
tice is delivered to the
owner and/or tenant in person. The levy shall state the owner’s and/or mortgage holder’s name, the tax
years delinquent, the principle amount of taxes due, the accrued cost due, and a description of the
property to be sold (O.C.G.A
.§ 48
-
2
-
55, 48
-
3
-
1, 48
-
3
-
6, 48
-
3
-
9, 48
-
3
-
10, 48
-
4
-
3, 48
-
5
-
27, 48
-
5
-
161, 9
-
13
-
13).
(3
g
) P ointing Out Privilege
http://www.fultoncountytaxes.org/fultoniwr/13g_property_ta
x_sales.htm
If the property being levied upon is a house and lot, then the Tax Commissioner routinely seizes it all.
However, if a larger parcel is being levied, it may not be prudent to sell all of it, and a portion may be set
aside for levy purposes.
The delinquent taxpayer may select the property to be sold. This is known as the
“pointing out privilege.” However, it is at the discretion of the Ex
-
Officio Deputy Sheriff to levy on
additional property whenever it is deemed necessary to secure prompt col
lection of delinquent taxes
(O.C.G.A.§ 48
-
3
-
4).
(3
h
) Advertising
http://www.fultoncountytaxes.org/fultoniwr/13h_property_tax_sales.htm
All properties to be auctioned
for delinquent taxes are advertised for four (4) consecutive weeks prior to
the first Tuesday of the month. These advertisements are placed in the legal section of the Fulton Daily
Report under the heading “704 Non
-
Judicial Tax Sale.” Their website is
www.fultonlegals.com
. Each
advertisement shows the owner’s name, a description of the property to be sold, and the amount of tax
due (O.C.G.A.
§9
-
13
-
140; 9
-
13
-
141, 9
-
13
-
142 and 48
-
2
-
55).
(3
i
) 10
-
Day Notice to Owne
r
http://www.fultoncountytaxes.org/fultoniwr/13i_property_tax_sales.htm
At least 10 days before a tax sale, the owner is sent written notice by certified mail informin
g of the
impending tax sale (O.C.G.A.
§48
-
4
-
1).
Rogue Tax Sale Investor
-
292
-
(3
j
) Courtesy Starting Bid List
http://www.fultoncountytaxes.org/fultoniwr/13j_property_tax_sales.htm
Courtesy lists a
re provided before the auction. A final list of properties for sale and the starting bid prices
will be available in the Tax Commissioner’s Office on the day of sale.
The courtesy tax sale listings are updated monthly.
Judicial In
-
Rem Tax Foreclosures:
http://www.fultoncountytaxes.org/fultoniwr/SalesListings/JudicialIn
-
RemTaxForeclosures.pdf
Non
-
Judicial Tax Sale:
http://www.fultoncountytaxes.org/fultoniwr/SalesListings/Non
-
JudicialTaxSale.pdf
(3
k
) P ayment
http:/
/www.fultoncountytaxes.org/fultoniwr/13k_property_tax_sales.htm
Payment is required in full upon conclusion of the tax sale. Payment must be in the form of cash, certified
check, cashier
s check, or money order. The purchaser must sign a statement attes
ting to the fact that
certain property was purchased for a certain price.
Immediately following the conclusion of the tax sale all purchasers must remit full payment to this office.
After all payments are processed, preparation of the Tax Deed and the Rea
l Estate Transfer Tax form will
begin. These documents are normally filed/recorded by Friday afternoon following the tax sale.
According to O.C.G.A.
§
9
-
13
-
170, any person who becomes the purchaser of any real or personal
property at any sale made at publ
ic outcry who fails or refuses to comply with the terms of the sale when
requested to do so, shall be liable for the amount of the purchase money. It shall be the Tax
Commissioner’s option either to proceed against the purchaser for the full amount of the
purchase money
or to resell the real or personal property and then proceed against the first purchaser for any deficiency
arising from the sale.
(3
l
) S ale Closing
http:/
/www.fultoncountytaxes.org/fultoniwr/13l_property_tax_sales.htm
After the tax sale, written notices will be sent to the tenant, owner, mortgage company, IRS and the
Georgia Department of Revenue and Labor (if applicable) informing them the property was
sold. The
purchaser’s name and address are provided according to (O.C.G.A.
§9
-
13
-
160, 9
-
13
-
161, 9
-
13
-
166, 48
-
2
-
55, 48
-
4
-
1, 48
-
4
-
3, 48
-
4
-
4, 48
-
4
-
6, 48
-
4
-
20).
(
4
) After t he Tax S ale
(
4
a) Payment of Excess Funds
http://www.fultoncountytaxes.org/fultoniwr/11e_depts_property_taxes.htm
If there are any excess funds after paying taxes, costs, and all expenses of sale, the Tax Commissioner
or Tax Collector may file an Inte
rpleader Action in the Superior Court for the payment of the amount of
such excess. Such excess shall be distributed by the Superior Court to intended parties, including the
owner as their interest appears and in the order of priority in which their intere
st exists. This is the practice
in effect in Fulton County.
(
4
b) Rights of Redemption and the Amount Payable for Redemption
http://www.fultoncountytaxes.org/fultoniwr/15b_a
fter_tax_sales.htm
When real property is sold at a tax sale, whether to an individual or to Fulton County, the owner, creditor,
or any person having an interest in the property may redeem the property from the holder of the tax deed.
After July 1, 200
2, the owner, creditor, or any other person with interest in the property, must pay the tax
deed purchaser, the amount paid for the property at tax sale, plus 20% premium for the first year or
fraction of a year, plus any taxes paid on the property by the
purchaser after the sale, plus any special
Rogue Tax Sale Investor
-
293
-
assessment on the property, and a 10% premium of the amount for each year or fraction of a year, which
has elapsed since the date of sale plus costs. A premium of 20% must also be paid when Fulton County
is the pu
rchaser (O.C.G.A.
§ 48
-
4
-
42).
The owner, creditor, or any other person with an interest in the property may redeem the property at
anytime during the twelve (12) months following the tax sale. The purchaser of the tax deed cannot take
actual possession of
the property during this time and the tax deed purchaser is not authorized to receive
rents or make any improvements to any structure on the property or grade any lot prior to this time.
When the property has been redeemed (all monies due the purchaser p
aid as prescribed by law), the
purchaser shall then issue a quitclaim deed to the owner of the property (as stated on the Fi.fa.) releasing
the property from tax deed.
This redemption of the property shall put the title conveyed by the tax sale back to th
e owner, subject to
all liens that existed at the time of the tax sale. If the redemption was made by any creditor of the owner
or by any person having any interest in the property, the amount expended by the creditor or the person
interested shall constit
ute a first lien on the property (O.C.G.A.§ 48
-
4
-
21, 48
-
4
-
40, 48
-
4
-
41, 48
-
4
-
42, 48
-
4
-
43, and 48
-
4
-
44).
(4
c) Notice of Foreclosure Right to Redeem
http://www.fultoncountytax
es.org/fultoniwr/15c_after_tax_sales.htm
After twelve (12) months from the date of tax sale, the purchaser at the tax sale may terminate or
foreclose on the owner’s right to redeem the property by causing a notice or notices of the foreclosure to
be ser
ved by certified mail to the owner of record and to all interest holders which appear on the public
record. In addition, the notice of foreclosure is to be published in the county in which the property is
located, once a week for four (4) consecutive weeks
during the six
-
month period immediately prior to the
week of the redemption deadline date specified in the notice.
If the redemption is not made until after the notice has been given, then the cost of serving the notice or
notices and publishing the noti
ce shall be added to the redemption price to cover the cost of making the
necessary examinations to determine the persons upon whom notice should be served (O.C.G.A.§ 48
-
4
-
42, 48
-
4
-
45 and 48
-
4
-
46).
Any questions about this foreclosure process should be re
ferred to an attorney.
(4
d) After the Right of Redemption is Foreclosed
http://www.fultoncountytaxes.org/fultoniwr/15d_after_tax_sales.htm
After foreclosing the right of
redemption, it is recommended that the purchaser seek legal advice
regarding the petition to quiet title in land, pursuant to O.C.G.A.
§ 23
-
3
-
60.
Under the action, the petitioner (tax deed purchaser) makes a request to the court to take jurisdiction over
the matter. The court then appoints a Special Master (third party) to examine the petition and exhibits to
determine who is entitled to notice. The petitioner will then ask the court to issue a decree establishing
his/her title in the land against “all the
world” and that all “clouds to petitioner’s title to the land be
removed” and that said decree be recorded as provided by law.”
(4
e) Ripening of the Tax Deed Title by Prescription
An Alter native Method
http://www.fultoncountytaxes.org/fultoniwr/15e_after_tax_sales.htm
The term prescription refers to a process whereby, over a period of time a tax deed becomes a fee simple
title. This process promotes an alternative meth
od to obtain fee simple title without the legal intricacies of
the foreclosure process.
A title under a tax deed properly executed at a valid and legal sale prior to July 1, 1989, shall ripen by
prescription after a period of seven (7) years from the date
of execution of that deed (O.C.G.A.§ 48
-
4
-
48).
Rogue Tax Sale Investor
-
294
-
A title under a tax deed executed on or after July 1, 1989, but before July 1, 1996, shall ripen by
prescription after a period of four (4) years from the execution of that deed (O.C.G.A.§ 48
-
4
-
48).
A title
under a tax deed properly executed on or after July 1, 1996, at a valid and legal sale shall ripen by
prescription after a period of four (4) years from the recordation of that deed in the land records in the
county in which said land is located (O.C.G.A.
§ 48
-
4
-
48).
Notice of foreclosure of the right to redeem is not required in order for the title to ripen by prescription. In
order to protect your tax sale investment, subsequent taxes should be paid.
A recent Georgia Supreme Court Decision, [Blizzard v.
Moniz, 271 Ga. 50, 518 S.E. 2d 407 (1999)] has
rendered "ripening by prescription" (O.C.G.A. §48
-
5
-
48) inapplicable to tax sale purchases in most cases.
The Court determined that actual possession of the property is necessary for a tax deed to convey fee
simple title to the property absent the process of barring or foreclosing the right of redemption.
(4
f) Subsequent Tax Sales
http://www.fultoncountytaxes.org/fultoniwr/15f_
after_tax_sales.htm
Until the right of redemption has been foreclosed or the title has ripened by prescription, a tax deed has
the same force and effect as a lien. Since defeasible title has been conveyed to the tax deed purchaser,
liability for subsequ
ent taxes would be the same as any other superior lien holder. If there is a subsequent
tax sale of the same parcel, the tax deed purchaser will be listed as the owner along with the defendant in
Fi.fa. (record owner) for purposes of levy and sale, despite
not having foreclosed the right of redemption
or having the tax deed ripen by prescription. Therefore, the tax deed purchaser may wish to consider the
best possible avenue to protect their initial tax sale investment.
Important Notice: Repeal of Law
Tr
ansfer of Tax Executions
Effective May 22, 2002, the Governor signed House Bill 337 (HB 337), as passed by the General
Assembly to repeal O.C.G.A.
§48
-
3
-
19, which provided for the transfer of tax executions to private third
parties.
Important Update No
tice
Transfer of Tax Liens
Effective November 12, 2002 per Superior Court Mandamus Order, the Transfer of Tax Liens continues
as follows:
Instructions for Transfer of Tax (FiFa) Executions
(Window under Mandamus Order dated November 12,
2002)
:
All ta
x execution transfers take place under a demand and are transferred under the "Caveat
Emptor Principle
"
(buyer beware). Once you become the transferee, you hold the lien and no provision
exists for a refund or filing for a refund.
**Guaranteed Payment (
c
ash or bank check
) and Completed Request to Transfer must be submitted to
and processed by a Delinquent Staff Employee.
Do not attempt to
"
pay
"
cashier
without Delinquent Staff review.
Presently, a window exists which allows the transfer of tax executi
ons on demand under a Superior Court
Order. General Conditions for transfer are as follows:
x
A tax execution must have been Issued and Recorded on the General Execution Docket in the
records of the Clerk of Superior Court. The execution must exist to be t
ransferred.
x
Guaranteed Payment in the form of
cash, bank check or postal money order
required.
Credit
cards, letters of credit, or foreign f
unds are not accepted.
x
Request must be made in person. Transfers cannot be completed by
mail or email.
Upon compl
etion of a request to transfer tax liens by a delinquent staff employee and presentation of
proper payment, the transfer(s) will be completed.
Rogue Tax Sale Investor
-
295
-
Upon receipt of the transferred tax execution(s),
you must have them entered on the General Execution
Docket (G
.E.D.) with the Clerk of the Superior Court. Timely recording of the transfer(s) should occur.
Upon your receipt of the properly recorded FiFas back from the Clerk, you then may attempt to collect the
tax and, if unsuccessful, you may take the recorded F
iFas to the Sheriff's Office for levy and sale. You will
be required to follow specific guidelines as set by the Sheriff. This generally requires submission of a
Certificate of Title covering a specific minimum period of years,
copies of all pertinent deed
s, a
ffidavits, or
other instruments conveying or affecting ownership, security of any loan, debt, judgment, estate or
proba
te action, pending litigation, b
ankruptcy, or any other recorded party, interest or event of record. The
names and mailing addresses
of all owners, and all secured parties of record must be submitted to the
Sheriff pursuant to Notice requirements under O.C.G.A.§48
-
3
-
9. Failure to provide the Sheriff all
information may prevent or invalidate the sale of the property. Once you provide the
FiFas and all
required information to the Sheriff, a sale can be scheduled. The length of time it takes the Sheriff to
schedule a sale can vary. The Sheriff has to have all of the procedures completed and advertised so the
sale takes place on the first Tu
esday of the sale month. The sale of the property will be to the highest
bidder for
cash
. You may purchase the property at sale. The tax sale purchaser will be given a tax deed.
The owner or any secured party has twelve (12) calendar months after sale to
redeem the property from
the tax sale purchaser. At any time during the year and (45) days, the owner or secured party may
redeem the property. They are required to pay all of the money that the purchaser paid at the sale, plus a
premium (applicable to sa
les after July 1, 2002) of twenty per cent (20%) the first year and ten per cent
(10%) each year thereafter.
If the owner or secured parties do not contact the purchaser of sale within these 12 months to redeem the
property, you can send him another cert
ified letter, return receipt requested, advising him that you intend
to bar his right to redeem the property. He has forty
-
five (45) days to respond. At the end of the forty
-
five
(45) days, if they have not contacted you and made arrangements to pay during
this period, they are
usually forever barred from coming back and your having to allow the owner or secured party to redeem.
At this point the purchaser (Holder of Tax Deed) can request the Sheriff put him in possession of the
property. If you take no act
ion to bar the right of redemption, the Sheriff's deed ripens in four (4) years
from date of recording. (O.C.G.A.
§48
-
4
-
48).
Please read the following paragraph carefully.
Investments in tax fifas and tax delinquent properties are speculative. Even afte
r a tax sale, the property
owner and second lien holder have certain rights, including the right of redemption. If you are unfamiliar
with the law regarding fifa transfers and tax sale, you are encouraged to seek legal advice. These
Instructions only brief
ly describe the process, and are not to be read or taken as legal advice. Neither
Fulton County nor any official or employee of Fulton County, including, without being limited to, the Tax
Commissioner and Sheriff, guarantees that any fifa will be satisfied
or that any property will be purchased
at sale. You are not guaranteed or promised that you will recover your investment or that you will recover
any funds in excess of your investment.
If you need to transfer tax liens, download
the FiFa Transfer Reque
st Form:
http://www.fultoncountytaxes.org/fultoniwr/FiFaTransferRequestForm.htm
.
Delinquent Tax Collections continue as follows:
1. Monthly Judicial In Rem Tax Forec
losure Sales.
a. The owner (no other party) has sixty (60) days to redeem the property after Tax Sale or he/she
loses all rights to the property.
b. Sixty (60) days after the sale if not redeemed, the successful bidder receives a Tax Deed and owns
the prop
erty out right (
fee simple
).
c.
A party bids on property at this type of Sale (In Rem) because they want the property. There is no
Redemption premium or return on investment.
2.
Monthly Non
-
Judicial Tax Sales (September 2002 and forward
)
.
a. The owner or
any interested party of record has a year plus a minimum of 45 days after the Tax
Sale to redeem the property from the tax deed purchaser.
Rogue Tax Sale Investor
-
296
-
b. The tax deed purchaser holds “Defeasible Title” and executes a Quit Claim Deed upon payment of
redemption monies
by the owner or interested party. After July 1, 2002, the premium is 20% the first
year or fraction and 10% each year or fraction thereafter. If not redeemed and the tax deed holder
does not foreclose and bar the right of redemption after the first year,
formerly fee simple title vested
after four
(4) years after the date of recording of tax deed. A recent Georgia Supreme Court decision
may affect the title ripening by prescription and may require a Quiet Title action through Superior
Court even after fore
closure and barment to obtain good marketable and insurable title. If you have
any questions, consult with your private attorney or private legal advisor. No Tax Commissioner or
County employee is authorized to advise on any matter relating to Tax Sales ei
ther before or after
Sale.
The following courtesy tax sale listings are updated monthly:
Judicial In
-
Rem Tax Foreclosures
:
http://www.fultoncountyt
axes.org/fultoniwr/SalesListings/JudicialIn
-
RemTaxForeclosures.pdf
Non
-
Judicial Tax Sale
:
http://www.fultoncountytaxes.org/fultoniwr/SalesListings/Non
-
Judic
ialTaxSale.pdf
These listings can only be viewed with Acrobat Reader. Click here to download Acrobat Reader
:
http://www.adobe.com/products/acrobat/readstep2.html
.
ROGUE INVESTOR NOTE
: The tax sale lists are available on the data CD that accompanies this
book
(within the file folder “Tax Sale Lists”).
(5
) Overview of an In
-
Rem Judicial Tax Foreclosure
(O.C.G.A.
§ 48
-
4
-
75 t hrough 48
-
4
-
81)
http://www.fultoncountytaxes.org/fultoniwr/11f_depts_property_taxes.htm
Ad valorem taxes must be delinquent at least 12 months to be eligible for Judicial In Rem Tax
Foreclosure.
A full title search, consisting
of 50 years or more pursuant to Georgia Title Standards, is performed to
determine the current owner of record and any legally interested parties associated with the property.
Several legal documents pertaining to the foreclosure process, which include t
he Petition for Judicial In
Rem Tax Foreclosure and the Notice to Respondents and All Interested Parties, are filed with the Fulton
County Clerk of Superior Court.
An appointed Fulton County Superior Court judge establishes a rule nisi date (hearing date)
. Notice to all
parties is published twice within
30 days
of the hearing, in the Fulton County Daily Report.
At the hearing, the judge will query both the owner(s) and/or any legally interested parties, if present, as
to their intentions to reclaim the pr
operty by paying the tax indebtedness owed to Fulton County. Provided
the judge’s ruling is in favor of Fulton County, the judge will sign an Order, ordering the property to be
sold on the Fulton County Courthouse steps no earlier than 45 days after the he
aring.
Notice of the ensuing tax sale is published in the Fult
on County Daily Report four
consecutive weeks prior
to the date of sale.
Judicial In Rem Tax Foreclosure sales occur on the first Tuesday of each month on the Courthouse steps
of Fulton Count
y, 136 Pryor Street, Atlanta, Georgia 30303. The legal hours of sale are between 10:00
a.m. and 4:00 p.m. Judicial In Rem Tax Foreclosure sales start promptly at 10:00 a.m.
At sale, the minimum bid listed for each property will consist of delinquent taxes
plus any accrued
interest, penalties and fees through the date of sale. Payment must be tendered in the form of certified
funds, cash or a cashier’s check, before 2:00 p.m. the day of sale. In addition, outstanding current ad
valorem taxes must be paid at
the same time the successful bid is paid.
Rogue Tax Sale Investor
-
297
-
After the sale, only the cur
rent owner of record has
60 calendar days to redeem the property (pay off
delinquent taxes plus any accrued interest, penalties and fees). If the current owner of record fails to
rede
e
m in the property in 60
days, the owner loses all rights to the property.
Within
30
days after the
60
-
day redemption period
,
the bonafide purchaser at sale will be issued a
Judicial In Rem Tax deed to the property. The title to the property will be free a
nd clear from all liens,
claims and encumbrances.
A Report of the Judicial In Rem Sale will be filed with the Superior Court of Fulton County.
Please Note: All properties sold at the Judicial In Rem Tax Foreclosure sale are under the “Caveat
Emptor” (Buy
er Beware) principle. Pursuant to state law, tendering bids at public sales or outcries,
bidders become personally liable and responsible for such bids. We strongly recommend proper due
diligence is performed prior to appearing and attempting to purchase a
property at the tax sale. Please
govern yourself
accordingly.
(
6
) Sample Letter of Request for Judicial In
-
Rem Tax Sale Commitment
http://www.fultoncountytaxes.org/fu
ltoniwr/11g_depts_property_taxes.htm
(
7
) How to Obtain a Paid, Satisfied, and Ordered Cancelled Tax Fi.
Fa.
http://www.fultoncountytaxes.org/fultoniwr/11h_depts_prop
erty_taxes.htm
A paid tax execution must be recorded after payment.
Upon payment in full of delinquent taxes where a tax Fi.fa (execution) has been issued and recorded on
the General Execution Docket in the record of the Clerk of Superior Court, action
is required as follows:
1. The Tax Commissioner will provide the original document(s) to the property owner of party who
pays the tax. The Clerk of Superior Court will not accept a copy for recording.
2. Should the original document not be in file or ca
nnot be located, an “Alias” Fi.fa document as
provided by statue will be prepared and take the place of the original document. It is an original alias
document.
A Notice of Instructions if Provided Prior to Recording:
Important Notice:
The attached “
Ori
ginal
” fifa(s) were recorded on the General Execution Docket located
in the Office of the Clerk of Superior Court of Fulton County. The “
Original
” fifa(s) have been marked Paid,
Satisfied, and Ordered Cancelled. They will, however, continue to show as
a
li
en against you and your
property until you send or present the
Original
” documents to the Clerk o
f Superior Court for recording.
The Clerk will record the cancelled fifa(s) and the General Execution Docket will then show your lien has
been paid.
“Do not
present or send copies to the Clerk.”
To record the Original cancelled fi.fa(s), please follow these guidelines:
1. Write you return address at the top left
-
hand corner of the Original fi.fa(s).
2. Send the Original fi.fa(s) (copies not accepted) to:
Clerk of Superior Court
Attn: Recording Division
185 Central Avenue SW
Room TG200
Atlanta, Georgia 30303
3. Enclose a check or money order for $5.00 per fi.fa payable to the Clerk of Superior Court.
Rogue Tax Sale Investor
-
298
-
You will receive your recorded document(s) back in the
mail in 2 to 4 weeks. If you have additional
questions about the recording of yo
ur cancelled fi.fa(s), please c
ontact the Recording Division of the Clerk
of Superior Court at 404
-
730
-
5371.
(8)
Frequently Asked Property Tax Questions
http://www.fultoncountytaxes.org/fultoniwr/11i_depts_property_taxes.htm
When does a Fi.
Fa. (Tax lien) go on t he pro perty?
After the last day of payment of taxes the Tax
Commissioner wil
l notify the taxpayer in writing that the taxes are outstanding and unless taxes are paid
within 30 days, an execution (Fi.
Fa.) will be issu
ed in accordance with O.C.G.A. Section
48
-
3
-
3. At any
time after the 30
-
day notice has elapsed, the Tax Commissione
r shall issue an execution (Fi.
Fa.) against
the owner and the property.
When, where, and what t ime is the tax levy sal e?
Tax levy sales are held on the first Tuesday of each
month. If that Tuesday falls on a holiday, the sale will take palace on the foll
owing Wednesday. The sale
is held on the Courthouse steps and usually starts at 10:00 a.m. Legal hours of the sale are between
10:00 a.m. and 4:00 p.m.
When and where do you advertise f or the sale?
Advertisements can be found in the Fulton County
Daily R
eport (
http://www.fcdr.com
) and on the Courthouse steps posting boards.
GWINNETT COUNTY, GEO
RGIA
http://www.gwinnettcounty.com
TAX COMMISSIONER’S O
FFICE
http://www.gwinnetttaxcommissioner.com
(1) Contact Us
https://ssl.gwinnetttaxcommissioner.com/contactus/ContactUs.aspx
Property T
ax Department
Gwinnett Justice and Administration Center
75 Langley Drive
Lawrenceville, GA 30045
Phone:
770) 822
-
8800
Email:
Tax@gwinnettcounty.com
(2) Tax Lien and Tax Sale General Information
https://ssl.gwinnetttaxcommissioner.com/property/information/TaxLienSale.aspx
The Tax Commissioner is responsible for collection of real and personal property taxes. The T
ax
Commissioner must issue a tax lien (commonly known as an execution or Fi. Fa.) against all delinquent
taxpayers. A tax lien is released only when the delinquent taxes are satisfied in full. The Tax
Commissioner will either collect the tax from the taxpa
yer or levy the property and auction it at a tax sale.
The Tax Commissioner occasionally auctions property at a tax sale for the collection of delinquent taxes.
Tax sale proceedings are held according to the official Code of Georgia (Sections 48
-
4
-
45
through 48
-
4
-
48). Sales are scheduled the first Tuesday of any given month in front of the courthouse. The bidding
commences with the total taxes, fees, and interest on each parcel. The tax deed is then sold to the
highest bidder. Tax sales are advertised
in Thursday's legal advertisement section of the Gwinnett Daily
Post. The newspaper ad is run once a week for four weeks prior to the sale. We also advertise on the
cable government TV channel. We do not have a mailing list for tax sale information.
T
he transfer of tax liens and the sale of property with attached tax liens are at the sole discretion of the
Tax Commissioner. The decision to transfer liens or to sell properties with tax liens attached has not been
made for 2007 or 2008. Once that decisio
n is made it will be posted on this site, or you may contact our
Customer Service Center.
Rogue Tax Sale Investor
-
299
-
To contact Customer Service, please click here:
https://ssl.gwinnetttaxcommissioner
.com/contactus/ContactUs.aspx
.
Tax Sale Guide
The following information is for the first time buyers. It is generic information on how to select properties
and the rights associated with the tax deed.
Research P roperties Before the Tax Sale:
One of t
he first things to consider before investing in tax sale
properties is to research the property that you are interested in purchasing. Before a property is
advertised to be sold, the Tax Commissioner or other firm must conduct a diligent title search on th
e
property. Following the search we must notify all interested parties or lien holders. This process
eliminates much of the burden of the tax sale purchaser. Keep in mind, when a property is sold at a tax
sale, all liens are erased once foreclosure is comp
leted; this includes mortgages, liens, and federal tax
liens. However, these interest holders are entitled to redeem the property within 12 months of the tax sale
(sale of property). It is strongly suggested that all buyers go to see the property in person
, review the
warranty deed, and review the mapping located in the Tax Assessor’s Office.
Redemption Rights:
It is your responsibility as a purchaser of a tax sale property to foreclose the right of
redemption on that property. Georgia Code Sections 48
-
4
-
40 through 48
-
4
-
48 outlines the complete
process. The following is a condensed version of these codes:
When real property is sold under a tax execution (sold at tax sale), the original taxpayer or any persons
having a right, title, interest in, or lien u
pon the property may redeem the property at any
time within 12
months from the date of the purchase at tax sale by paying the redemption price. The property may be
redeemed at any
time during this period until the tax sale purchaser terminates the right to
do so by giving
proper legal notice. The 12
-
month limit does not begin, however, until the tax purchaser pays the amount
that he or she bid. The tax purchaser is not prohibited from consenting to redemption after the statutory
period has expired, and as a
matter of grace granting such a privilege.
Redemption Price:
The redemption price to be paid to you, if the original debtor chooses to redeem, is
the amount paid for the property at the tax sale, plus 20% of the amount for the first year, or fraction of
a
year thereafter, elapsing between the sale date and the date the redemption is made and 10% for each
year or fraction of the year thereafter, plus any tax paid on the property during this period by the tax
purchaser after the sale. If redemption is not
made within the 30 days, and after the notice terminating the
right to redeem has been properly issued and advertised, there must be added to the redemption price
the sheriff's cost of serving notice and the cost of publishing the notice. All amounts compr
ising the
redemption price are paid to you, the tax sale purchaser.
Aft er Redemption Period Has Expired:
The tax sale purchaser is to make original notice in accordance
with a form shown in the statutes and provide a copy for each person to be served. Th
e purchaser is to
deliver these, together with a list of persons to be served, to the sheriff of the county in which the land is
located, not less than 45 days before the date set in the notice for termination of the right of redemption.
Within 15 days, th
e sheriff must serve a copy of the notice upon all persons on the list residing in the
county and make an entry of such service on the original notice. Leaving a copy of the notice at the
residence of any person required to be served is considered sufficie
nt service. If the sheriff makes an
entry that he or she has been unable to serve the notice on any person, the purchaser must immediately
have it published in the official county newspaper once a week for two consecutive weeks. This
constitutes service.
Upon payment of the sheriff’s cost, the original notice must be returned to the tax sale purchaser. The
notice and entries on it may be recorded on the deed records in the Clerk of Superior Court’s Office in the
county in which the land is located.
In t
he event that the property is redeemed by the original debtor or interested parties (mortgage
companies, banks, or lien holders, etc.), the tax sale purchaser must make a quitclaim deed (Release of
Claim) to the original delinquent taxpayer, reciting, amon
g other things, who paid the redemption money.
The redemption of the property gives back to the original delinquent taxpayer the title conveyed by the tax
sale, subject to all liens existing at the time of sale.
Rogue Tax Sale Investor
-
300
-
If the redemption is made by a creditor of
the original delinquent taxpayer or other persons having interest
in the property, the amount expended by either constitutes a first lien and must be paid prior to any other
claims on the property. However, it is necessary that the quitclaim deed have been
properly recorded in
the Clerk of Superior Court’s Office.
The purchaser of a tax sale property may sell the property before the redemption period has expired.
However, the person buying from the tax sale purchaser acquires the defeasible (i.e., can be
annulled)
title of the tax sale purchaser, subject to the right of the original delinquent taxpayer to redeem it within
the period prescribed by law (12 months).
As noted above, the purchaser receives only a defeasible title before the redemption period
expires.
However, the purchaser acquires sufficient interest in the property to render him or her liable for the taxes
that become due on it.
No tax sale purchaser is entitled to rents and profits arising from the property during the redemption
period. A
tax sale purchaser may obtain a court order to enable them to make improvements upon the
property in the event the improvement is aimed at the preservation of the value of said property (i.e., a
leaking roof that is causing water to damage a home).
Ati
tle under a tax deed shall ripen by prescription after a period of four years from the date of execution.
However, see your local real estate attorney to inquire about a quiet title action. Notice of foreclosure of
the right to redeem property sold at the
tax sale shall not be required to have been provided, in order for
the title to such property to have ripened.
The information contained within this website is only a broad overview of the tax lien, transfer, and sale
procedures and is being provided sol
ely as a public service to the members of the general public. If you
need specific information, we suggest you seek legal counsel specializing in real estate transactions.
Rogue Tax Sale Investor
-
301
-
Hawaii
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Two Stars (**)
Interest Rate:
12% (s
ee Redemption Period below
)
.
Sale Period:
Varies by county
.
Redemption Period:
There is a one
-
year
extended
right of redemption
period
following
the
tax
deed sale.
State law allows for a 12% per year fee to the investor if the taxes are redeemed.
Bidding Process:
At tax deed sales, all auctions are by competitive bid.
The w
inning bidder
pays
the
highest value for
the
property.
State
-
Specific Information:
Hawaii
only has five counties. In contrast to the other four
counties, Kalawao County’s tax sales are handled by the state, through the State Department of
Taxation
(
http://www.state.hi.us/tax
), P.O. Box 259,
Honolulu
,
Hawaii
96809
-
0259, phone:
(
808)
587
-
4242
.
Hawaii County Links:
See Hawaii Tax
Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information
:
CITY AND COUNTY OF
HONOLULU, HAWAI
I
http://www.co.honolulu.hi.us
TREASURY DIVISION
(within
Budget & Fiscal Services Department
)
http://www.co.honolulu.hi.us/budget/trea
sury_division.htm
City Hall (Honolulu Hale)
Division o
f Treasury
530 South King Street, Room 115
Honolulu
,HI
96813
Email:
bfstreasmailbox@honolulu.gov
ROGUE INVESTOR NOTE
: According to the Divisio
n of Treasury, a
tax sale is conducted once a year.
The next auction is scheduled for May 14, 2009
.
Notices are published in the Honolulu Star
-
Bulletin as
determined by the office of the State Controller.
Real property with outstanding taxes due not paid i
n full
up to the time of sale is au
ctioned to the highest bidder.
The entire bid amount is to be paid in full at the
time of sale.
An upset price is established by the amount of tax, penalty and interest accrued to the
auction date, plus the cost of forecl
osure, and other incurred charges.
A tax deed is issued to the
purchaser within 60 days from the date of the public auction sale.
A delinquent taxpayer/owner may
redeem the property within one (1) year from the date of sale, or if the deed was not recorded
within 60
days after the sale, then one (1) year from the date of recordation.
To receive a current foreclosure list,
send your request along with a sel
f
-
addressed stamped envelope to the Division of Treasury, Accounts
Receivable Section.
Rogue Tax Sale Investor
-
302
-
HAWAII COUNTY, H
AWAII
http://www.hawaii
-
county.com
REA L PROPERTY TAX DIVISION
http://www.hawaii
-
county.com/real_property_tax/rpt_main.htm
Wesley
Takai, Administrator
East Hawaii
Aupuni Center
101 Pauahi Street, Suite 4
Hilo, HI 96720
Phone:
(808) 961
-
8201
Fax: (808) 961
-
8415
West Hawaii
75
-
5706 Kuakini Highway, Suite 112
Kailua
-
Kona, HI 96740
Phone: (808) 327
-
3540
Fax: (808) 327
-
3538
(1) List o
f P arcels for Tax Sale
http://www.hawaii
-
county.com/real_property_tax/taxsale.pdf
There is no list available for the next Real Property Tax Sale. We will
make the list available
on the web
site four weeks before the auction. The
date of the sale is yet to be determined.
REA L PROPERTY TAX OFFICE
http://www.hawaiipropertytax.com
This site was designed to provide quick and easy acc
ess to real property tax assessment records and
maps for properties located in the County of
Hawaii
and related general information about real property
tax procedures.
(1) Tax Sales Frequently Asked Questions
from
http://www.hawaiipropertytax.com
, click on “Tax Sales FAQs
What are
the date, time and location of the tax sale?
D
ates, time and location are subject to change
with each sale.
When and where are the sales advertised
?
In the Hawaii Tribune Her
ald, Honolulu Star
-
Bulletin, and
West Hawaii Today. The first printing is four (4) weeks before the sale and again weekly. You may also
find the "Notice of Proposed Sale of Real Property for Failure to Pay Real Property Taxes Due Thereon"
at
our web sites:
http://hawaiipropertytax.com
click
on "County" at the top right hand corner, then click
on "Real Property Tax
,
"
then look for "Web Site Link;”
click on "Notice of Proposed Sale of Real Property";
or
http://hawaii
-
county.com
click
on "Real Property Tax
,
"
then look for "Web Site Link;”
click on "Notice
of Proposed Sale of Real Property
.
"
For general information with regard to ownership, values, and size of parcel et
c
.
,
visit
:
www.hawaiipropertytax.com
on the W
eb.
How and when do I register for the sale?
There is no registration. Live auction.
What type of payme nt requirements are needed at the sale?
Cash, money orders, tra
veler's checks or
cashier's checks. No personal checks.
No credit cards.
Is payment in full required on the day of the sale?
Yes, immediately following the successful bid.
Does your county offer a financing program?
No.
Rogue Tax Sale Investor
-
303
-
What type of document is issued at
the sale?
Tax deed.
Once a property is acquired through the sale, is there a redemption period before you can take
possession?
Yes. One year from the date of the sale.
If there is a redemption period, does the investor earn interest duri ng the redemptio
n period?
Yes.
12% is the annual interest rate.
Do you allow investors to invest at the sale without attending the sale (i.e., absentee bidding)?
No.
Persons bidding at the auction as representatives or agents of others will be required to present notariz
ed
documents showing such authorization to bid on behalf of those parties they represent.
Is there a charge for the list of current properties on the tax sale?
Yes. The charge is $1.00 per list.
Do you keep a mailing list?
No. A self
-
addressed, stamped e
nvelope with 2 oz. postage and a charge
of $1.00 is required for each list. Although this office does not keep a maili
ng list, we will keep your self
-
addressed, stamped envelope on file for the next tax sale.
KAUAI COUNTY, HAWAII
http://www.kauai.gov
REA L PROPERTY TAX DIVISION
(within Department of Finance)
http://www.kauai.gov/realproperty
Real Property
4444 Rice Street, Suite 454
Lihue, HI 96766
Phone: (808) 241
-
6222
(1) Collections
http://www.kauai.gov/Government/Departments/Finance/RealProperty/Collections/tabid/179/Default.aspx
Announcements
2008 Tax Sale Instructions
Tuesday, March 25, 2008
2008 Tax Sale Instruction Sheet, read more at
http://www.kauai.gov/LinkClick.aspx?fileticket=QcLs85suXbw
%3d&tabid=179&mid=2192
(2) 2008 Tax Sale Instruction Sheet
http://www.kauai.gov/LinkClick.aspx?fileticket=QcLs85suXbw%3d&tabid=179&mid=2192
County of Kau
ai
Proposed Sale of Real Property
Date: November 13, 2008
1. All foreign or out
-
of
-
state corporations must have complied with Chapter 414
-
433 thru
414
-
437
Hawaii
Revised Statues, relating to registration of out
-
of
-
state corporations and
their acquisitio
n of real property
in
Hawaii
.
2. Persons bidding as representatives or agents of others will be required to present
notarized documents
showing such authorization to bid on behalf of those parties they
represent.
3. Sale must be for an amount equal to or
more than the total upset price. The upset price
is established
by the amount of tax, penalty, and interest accrued to date of the auction,
plus the cost and other charges
incurred.
Rogue Tax Sale Investor
-
304
-
4. Real Property with outstanding taxes due not paid in full up to the t
ime of sale is
auctioned to the
highest bidder. Payment of the full bid amount must be made in
cash or cashier’s checks
drawn on a U.S.
bank and made payable to the Director of
Finance.
5. A credit memo will be given for any check amount that exceeds bid
amount. In such
case, credits can
also be recorded with sales officials at time of first purchase and
excess can be bid on additional lots.
6. Owners have the right to redeem their properties within one (1) year from the date of the
sale, or if the
deed w
as not recorded within 60 days after the sale, then one (1) year
from the date of recordation. The
delinquent taxpayer/owner must pay the purchase
price, cost and expenses, the fee for recording the
deed, and interest of twelve per cent
(12%) per annum to
the successful bidder to redeem the property.
The owner must
make arrangements for redemption directly with the purchaser. HRS. §246
-
60.
7. Tax deed will be prepared by the County and forwarded to the purchaser for recordation
with the
Bureau of Conveyanc
es. There is a recording fee that must be paid to the
Bureau of Conveyances when
recorded by the purchaser.
8. The following recordation information is required:
a. Identity and address of the recipient of the deed;
b. The exact full name and marital sta
tus of the grantee; that is, in whose name the
deed is to be
drawn up; and
c. The tenancy in which the ownership is to be held.
9. Bidders must give clear distinct bids. In closing the sale, the auctioneer will announce
the final bid
amount “once”, “twice
”, “sold for $_____”.
10. Delinquent taxpayer/owner and others having or claiming to have any right, title or
interest in the
property must file a claim to any surplus funds.
11. The County Real Property office web
-
site address is:
www.kauaipropertytax.com
.
12. The foreclosure list will be made available in October 2008 when the first ad breaks.
You may obtain
a foreclosure list by visiting the County of Kauai website
at
www.kauai.hawaii.gov
. If you do not have
access to the internet, you may request a
hard copy by
sending your request along with a self
-
addressed
stamped envelope and
a check for the copy charge of $0.50, per page (please call for the total amount
)
to:
County of Kauai
,
Real Property Tax Collections
,
4444 Rice Street
,
Suite 463
,
Lihue HI 96766
.
13. Each County is responsible for
its
own tax sale and inquiries:
City and County of
Honolulu
Division of Treasury
Delinquent Collection Section
530 South
King Street, Room 115
Honolulu
, Hawaii
96813
County of Maui
Real Property Tax Division
Service Center, Suite 16
70 E.
Kaahumanu Ave
nue
Kahului Maui
,
HI 96732
County of Hawaii
Real Property Tax
Aupuni Center
101 Pauahi St
reet,
Suite 4
Hilo, HI
96720
14.
For further information, call the Real Property Tax Collection Section at (808) 241
-
6555.
Rogue Tax Sale Investor
-
305
-
Idaho
Tax Lien Sales:
No
Tax Deed Sales:
Yes
.
If property is not sold or is not bid upon
at
the
public auction, then
the
county may
sell
the property
wi
thout further notice at a
public or private sale
.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Two Stars (**)
Interest Rate:
Not applicable to
Idaho’s
tax deed sales
.
Sale Period:
No scheduled sales.
Each county handles tax deed sales differently and u
sually
holds delinquent properties until an interested buyer shows up.
Redemption Period
:
There is no
extended
right of redemption
following the
tax deed sale.
Bidding Process:
Property is sold to the highest bidder.
Some counties are now conducting tax
deed sales online.
Financing is allowed through a contract with the county
,
not to exceed
aterm
of
10 years.
Legal Challenge Period:
There
is a
one
-
year period
following the tax sale
in which the property
may be redeemed if the tax deed process is prove
ntobeirregular.
State
-
Specific Information
:
If property taxes on
real property become three
years delinquent,
the county takes title to the property through a process called "tax de
ed." The C
ounty
Commissioners control the decisions to sell property ac
quired through tax deed.
The
C
ommissioners set what they deem to be a reasonable minimum bid based on the information
provided by the Treasurer and the Assessor and based upon their own inspection of the
property and opinion regarding its potential usage a
nd value.
Idaho County Links
:
See Idaho Tax Sales at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
ADA COUNTY, IDAHO
http://www.ada
web.net
TREASURER’S OFFICE
http://www.adaweb.net/departments/treasurer
(
from
http://www.adaweb.net
, click on “Treasurer” under
the header
“Elected Offic
es”)
Cecil Ingram
, Treasurer
200 West Front Street, Suite 1220
New Ada County Courthouse
,
1st Floor
Boise, ID 83702
Mailing address
:P.
O. Box 2868
,
Boise, ID 83701
-
2868
Phone:
(208) 287
-
6800
Fax: (208) 287
-
6809
E
mail:
propertytaxquestions@adaweb.net
Rogue Tax Sale Investor
-
306
-
(1) Tax D eed Process
http://www.adaweb.net/departments/treasurer/TaxDeedProcess.asp
Tax Deed Process
Overview
Idaho
Code
Sections 63
-
1003
63
-
1011
About Real Property Tax Delinquencies (63
-
1003):
Any delinquency on real property taxes constitutes
a perpetual lien against the property in favor of the county for all taxes, late charges and interest. The lien
stands until all
delinquent amounts owing are paid in full.
Property tax delinquency takes a top priority over all other liens ("
a first and prior perpetual lien")
.
Tax
Lien Certificates are
not
sold in the State of Idaho. Some states "sell" tax lien certificates to par
ties willi
ng
to pay the tax delinquency,
Idaho does not. We do not provide information to investors regarding the laws
and practices of other states regarding tax delinquencies.
"Redemption" of the lien(s) occurs when the delinquent property taxes are pai
d in full.
The Tax Deed Process:
On January 1st the Tax Deed Clerk orders a listing of all three
-
year real
property delinquencies and begins working to identify, notify and warn the owner and all "parties in
interest" that Ada County will take tax deed to
the parcel if the delinquency is not paid.
The t
axpayer must pay the third
-
year d
elinquency in full to stop the tax d
eed
p
rocess. Partial payments
will be accepted and applied at
any time but will not stop the t
a
xd
eed action unless the third year
delin
quency is paid in full.
As soon after January 1st as possible, the date for hearing is set. The tax deed hearing will be held in
either January or February of the following year. As soon as the hearing is scheduled the tax deed
calendar is created, worki
ng backward from the hearing date. The Tax Deed Calendar includes the
following events (Idaho Code reference in italics indicates statutory requirement
-
other steps are policies
of the Ada County Treasurer's Office which satisfy statutory requirements of
notification and due
diligence). Click here for the 20
05 Delinquent Tax Deed calendar:
http://www.adaweb.net/departments/treasurer/documents/TAXDEEDCALENDAR2005.
doc
.
x
Letter
warning of "Pending Issue" date. (A
t least 2 months prior to Pending Issue
.
)
x
"Bid" letters sent out to title companies, requesting bids for providing title reports on tax deed
parcels. The law requires that we notify all parties in interest.
The title report lists parties holding
recorded legal interest in the property. (2
-
3 weeks prior to Pending Issue.)
x
Guaranteed funds
cash,
cashier's check or wire transfer
,
required to stop notice of pending
issue. (15 days prior to Pending Issue
.
)
x
Pend
ing Issue Fee is attached.
(5:00 p.m.
the night before the notice of Pending Issue is printed;
see
below
.
) The law allows the Treasurer's office to attach this fee to recover the costs of the tax
deed process so that other taxpayers are not required to bea
r this
burden. (Current Pending
Issue f
ee
=
$500
.
)
x
Notice of Pending Issue of Tax Deed
mailed to owner a
nd interested parties. (
63
-
1005(2a)
...such
service of notice to be made no more than ( 5) five months nor less than (2) months before the
time set for
t
he tax deed to issue;
)
x
Title searches/reports ordered. (
A
s soon as possible after pending issue fee is attached
.
)
x
Guaranteed funds
cash
, cashier's check or wire transfer
,
required to avoid publication of the
owner's name in Statesman as having property
P
end
ing I
ssue of Tax Deed. (15 days prior to
Publication
.
)
x
Tax deed names, addresses, property descriptions are published in the Idaho Statesman.
(1 day
a week for 4 weeks
.
)(
63
-
1005(2b) ...such publication must be made at least once a week for four
(4) con
secutive weeks, the last publication of which is to be no more than two (2) months nor less
than fourteen (14) days before the time set for the t ax deed to issue
.
)
x
Title search updates ordered to identify any changes since original report provided.
x
Guarant
eed fu
nds
cash
, cashier's check or wire transfer
,
required to redeem the delinquency
and stop Tax Deed action. Absolutely no personal or business checks accepted during this
period. (10 days before the hearing
.
)
Rogue Tax Sale Investor
-
307
-
x
Deadline for recording of Affidavit of Com
pliance.
(
63
-
1005 (8
-
9), At least (5) f ive days before the
tax deed shall issue the county treasurer shall make an affidavit of compliance stating that he or
she has complied with the conditions of issuance of notice of pending issue...such aff idavit shall
be delivered to the cou nty recorder to be by such officer entered on the records of his or her
off ice...
)
x
Tax deed hearing
.
(63
-
1005)
x
2005 Tax Deed Calendar:
htt
p://www.adaweb.net/departments/treasurer/documents/TAXDEEDCALENDAR2005.doc
(2) Frequent Questions Regardi ng the Sale of Ada County Tax Deed Properties
http://www.adaweb.net/d
epartments/treasurer/OnLineAuction.asp
Next online auction:
May 17
-
20, 2008
Email
q
uestions:
propertytaxquestions@adaweb.net
Does the taxing authority sell tax lien ce rtificates or deeds?
We d
o not sell tax lien certificates or
deeds in Idaho. If property taxes o
n real property become three
years delinquent, the county takes title to
the property through a process called "tax deed." This process involves extensive research to make sure
that all
individuals who are a legal "party in interest" (Idaho Code
section
63
-
1005) are notified of the
delinquency and given an opportunity to pay the tax and retain their interest. In Ada County the tax deed
hearing is held in January or February of each year.
We rarely proceed to tax deed on more than twelve
parcels in any year.
How is the tax deed property sold?
The C
ounty C
ommissioners control the decisions to sell property
acquir
ed through tax deed. Idaho Code section
31
-
808 outlines the powers and duties
of the Board of
Commissioners
with regard to tax deed sales
(see State of Idaho Statutes
http://www3.state.id.us/idstat/TOC/idstTOC.html
)
.
In Ada County, when tax deed properties are to be
sold, the Ada County Commissioners will schedule an
on
-
line auction through Bid4Assets. The Ada County auction is usually held in late May of each year and
is scheduled after the annual Tax Deed Hearing which occurs in mid
-
February. The property will be
o
ffered through Bid4Assets, a web based auction site. The Ada County Treasurer will issue a “Certificate
of Sale” to the successful bidder. The Certificate of Sale will include the property description, the name
and mailing address of the party to whom the
property will be deeded and the sale price. The buyer must
present payment in full in cash or by cashier's check or bank wire transfer, at the Ada County Treasurer's
office by 5:00 p.m. on the day following the sale. A Quit
-
Claim Deed will be issued and re
corded and the
original deed will be mailed (certified mail) to the buyer at the mailing address designated on the
Certificate of Sale.
When and where are auctions held? How do I find out if an auction is scheduled?
The next auction
has been scheduled for
May 17, 2008 (9:00
a.m.
ET) through May 20, 2008 (3:00
p.m.
MT). Access to
the auction is available on the Internet at Bid
4Assets.com.
Ten (10) days prior to the sale a notice will
appear in the Idaho Statesman legal notices section providing a list of pr
operties to be sold, a legal
description and street address for each property, or if no street address, a description of the location
stating distance and direction from the nearest city. The legal notice will also list the time, location and
terms of sale
. Upon request, your name will be placed on our mailing list and a copy of the listing of
properties will be sent to you after the public notice appears in the newspaper.
Can I get more detailed information on the properties to be sold? Where?
Go to the A
da County
Web
site at
www.adaweb.net
and
click on the “Treasurer” department and scroll to the bottom of the
Treasurer’s home page. Click the link labeled “Tax Deed Sales” to access frequently asked questions and
previ
ew pending auction parcels.
Property information can be found on the "Assessor's" department under "Online Property Information
System.
Additionally, information can be found at the auction website on
www.Bid4Ass
ets.com
.
Location
maps and basic information on individual parcels can also be picked up at the Ada County Treasurer’s
Office, on the first floor of the Ada County Courthouse at 200 W. Front Street, Boise, ID upon finalization
of the auction listing.
Rogue Tax Sale Investor
-
308
-
How
is the minimum bid set?
The C
ommissioners set what they deem to be a reasonable minimum bid
based on t
he information provided by the Treasurer and the A
ssessor and based upon their own
inspection of the property and opinion regarding its potential usage a
nd value. The Treasurer's office
submits a minimum bid recommendation
to the C
ommissioners for each property. The recommendation
includes an accounting of total taxes owed with penalty and interest, pending issue fees, certifications
and special assessment
s, costs of publication, anticipated recording fees and any other costs incurred in
preparing the parcel for sale. The bid recommendation will also include a current market value for the
parcel as determined by the Ada County Assessor.
What is the rate o
f interest on delinq uent t axes?
Interest on delinquent taxes accrues at 1% per
month. There is no statutory interest rate, which applies to parcels taken by the county through the tax
deed process. We apply 1% per month when calculating recommended bid req
uirements.
What is the r edempti on period for tax deed properties?
Property taken
through the tax deed process
may be redeemed by the owner(s) or other party(ies) holding a recorded legal interes
t in the property
within one
year of tax deed issuance or unt
il sold at public auction, whichever comes first. After sale at
public auction,
there is an additional one
-
year period in which the property may be redeemed if the tax
deed process is proven to be irregular.
What are the rules of sale regarding payme nt?
Terms
of sale are determined by the C
ommissioners,
requiring payment in full in cash, by cashier's check or bank wire transfer (guaranteed funds) received no
later than 5:00 p.m. on the sale date. If the auction is scheduled for afternoon, we will extend t
he deadline
for payment in full to 5:00 p.m. on the day following the sale date.
What are the rules of sale for “bid
-
in” properties?
This is not applicable in Idaho.
What is the process for getting a deed to the property?
Ada County issues a Quit Claim
Deed upon
the sale of property taken through tax deed. Generally, these properties are not eligible for title
insurance
for at least one
year after purchase. A purchaser could, however, employ an attorney to proceed with
Quiet Title acti
on if desired. (See
Idaho Code section
63
-
1005
One
-
year possession under tax deed
conclusive as to regularity of proceedings.)
Ada County makes no representation or guarantee as to the accessibility, value or usability of the
properties to be auctioned.
ROGUE INVESTOR NO
TE
: See “
Private Sector Tax Sale Administrators
” at the end of the Idaho section
for information related to Bid4Assets.
(3) Pending Sales
http://www.adaweb.net/departments/treasu
rer/PendingSales.asp
Tax deed sale May
17 TO 20, 2008
Click here for publication:
http://www.adaweb.net/departments/treasurer/documents/NOTICEO
FTAXDEEDSALE2008PUBLICATIO
N.doc
R6744100023
S1023223440
Bid4Assets
(4) Notice of Tax Deed Sale
http://www.adaweb.net/departments/treasurer/docu
ments/NOTICEOFTAXDEEDSALE2008PUBLICATIO
N.doc
The Board of Ada County Commissioners will sell the following tax deed property at auction, starting at
9:00 a.m. (MDT), Saturday May 17, 2008, and ending May 20, 2008 at 3:00 p.m. (MDT) on the
Bid4Assets web
site at
www.bid4assets.com
(onsite terminal available in the Ada County Treasurer’s
office May 20, 2008 from 8:00 a.m. to auction closure only, 200 West Front Street, First Floor, Boise,
Rogue Tax Sale Investor
-
309
-
Idaho), or offline bid for
ms and directions available by fax, 509
-
277
-
9169, or phone, 1
-
877
-
427
-
7387.
Note: pre
-
registration is required through Bid4Assets by May 7, 2008, in order to participate in the
bidding. Terms of Sale will be guaranteed funds: cash, cashier’s check or bank
wire transfer, due and
payable by end of business on the day following the sale date (5:00 p.m. [MDT}, 5/21/08).
Properties may be redeemed prior to sale by owner or other party holding secured legal interest in the
property. Owner of party in interest m
ust pay all taxes, including the current year (2008) taxes,
certifications to the tax roll, late charges, interest, fees and costs, to redeem. Acceptable payment: cash,
cashier’s checks or bank wire transfer; checks will not be accepted. Any property redee
med prior to May
17, 2008 will be withdrawn from auction. Property will be sold “As Is.” Ada County makes no
representation as to accessibility or usability of the land and/or structure offered for sale. Eviction of
occupant (if any) will be the responsibi
lity of the buyer. Bidders are encouraged to research the properties
in advance of the auction, as all sales are final.
The Board of Ada County Commissioners reserves the right to reject any and all bids.
Auxiliary aids or services for persons with disa
bilities are available upon request. Please call 287
-
6800 by
5:00 p.m. on 5/15/2008 so that arrangements can be made.
ROGUE INVESTOR NOTE
: See web page for the property listed for sale. The list is available on the data
CD that accompanies this book (wit
hin the file folder “Tax Sale Lists”).
BOA RD OF COUNTY COMMISSIONERS
http://www.adaweb.net/departments/commissioners
(
from
http://www.adaweb.net
, clic
kon“
Commissioners
” under
the header “Elected Offices”)
(1) Contact Information
http://www.adaweb.net/departments/commissioners/Contact.asp
Ada County
Courthouse
200 West Fron
t Street
Boise
,ID
83702
Phone:
(208)
287
-
7000
Fax:
(208)
287
-
7009
Email:
bocc1@adaweb.net
CASSIA COUNTY, IDAHO
http://www.cassiacounty.org
TREASURER’S OFFICE
http://www.cassiacounty.org/treasurer/index.htm
Gayle Erekson
, Treasurer
1459 Overland Avenue
Burley, ID 83318
Phone: (208) 878
-
7202
Fax: (208) 878
-
1012
Email:
gerekson@cassiacounty.org
BOA RD OF COUNTY COMMISSIONERS
http://www.cassiacounty.org/commissioners/index.htm
Cassia County Courthouse
1459 Overland Avenue
Burley, ID 8331
8
Phone: (208) 878
-
7302
Fax: (208) 878
-
9109
Rogue Tax Sale Investor
-
310
-
(1) Real P roperty Tax Sales
http://www.cassiacounty.org/commissioners/rpts.htm
Determination of p
roperty:
Board of County Commissioners (BoCC
) review real property list, and
determine what to sell at public auction.
Advertise notice of a
uction:
BoCC have Notice of Auction prepared and published in South Idaho Press
in accordance with Idaho Code section
60
-
106. The notice shall comply with the
following:
x
Publish not less than 10 days prior to auction.
x
Shall contain legal description of property, and next to such description shall place name of
delinquent taxpayer.
x
Shall contain street address of property.
x
If located outside of city limits and d
oes not have a street address, then the description shall also
contain the distance and direction of the location of the real property from the closest city.
Property s hall be sold to the highest bidder:
BoCC may reserve the right to reject any and all bi
ds.
BoCC have discretionary authority to reject or accept any bid made for an amount less than total amount
of delinquent taxes, late charges, costs and interest.
Purchase p
rocess:
x
Can
be purchased on contract with County.
(i) Contract must be recorded.
(ii) Term cannot exceed 10 years.
(iii) Interest rate not to exceed rate specified by I.C. Sect
ion 28
-
22
-
104(1).
(iv) BoCC has
authority to cancel contract if purchaser fails to comply with contract terms and County
retains all payments made on contract.
(
v) Title to all property sold on contract is retained in name of Cassia County until full payment is
made by purchaser.
(vi) Purchaser shall be responsible for payment of all property taxes during period of contract.
x
Sale of property vests all right, title
and interest, which was held by Cassia County in the subj
ect
property, in the purchaser (i
ncluding all delinquent taxes which become a lien on the property)
.
x
In addition to the purchase price, the purchaser shall pay all fees required by law for transfer
of
property.
x
If property is not sold, or is not bid
upon, at public auction, then C
ounty may sell, without further
notice, at public or private sale.
Real property ex change
c
onsolidation:
When it is in the County’s best interests, the BoCC may
exchange
real property owned by the County for real property of equal value.
Odd
-
lot property:
a. Defined: of irregular shape or a remnant and has value primarily to
adjoining property owner; and
b. Not needed for public purposes; and
c. Is ex
cess to the needs
of the County.
d. May be sold to adjacent property owner:
i. Establish Fair Market Value
by licensed appraiser.
ii. Written notice of willingness to sell to adjoining land owner.
iii. If after 30 days, adjoining landowner does not want, then
may sell
to interested parties at appraised
value.
iv. Must publicly advertise in South Idaho Press at least one time.
v. Public must be given 15 days to object to sale in writing.
vi. BoCC must make final determination regarding sale of odd
-
lo
t in
open meeting.
Exchange with other public entities:
May exchange tax deed and other surplus real property with
federal government, State of Idaho, any political subdivision or taxing district, or Idaho Historical Society.
Rogue Tax Sale Investor
-
311
-
[Items #2
#8 based on Idah
o Code Section 31
-
808]
Redemption of tax deeded p
roperty (I.C. Section 63
-
1007):
x
After issuance of tax deed to County, may be redeemed only by record owner or party in in
terest, up
to the time BoCC has
entered into a contract of sale or the property has
been transferred by County
deed.
x
To redeem, have to pay any delinquency including late charges, accrued interest and costs.
x
Once payments are made, then County will issue a Redemption Deed.
x
Right of Redemption shall expire, if property not earlier sold by
County, three years from the date of
issuance of the tax deed to the County.
Miscellane
ous i
nformation:
x
Payment may be made by cash, cashier’s check or personal check, bankable the day of sale. If
payment does not clear on the first attempt, the bid wi
ll be disqualified and the property may be
awarded to the next highest, responsible bidder.
x
Bids may be submitted by mail. The bidder is responsible to assure that a
mailed bid is received by
the C
ounty prior to commencement of the public auction.
PRIVAT
E SECTOR TAX SALE ADMINISTRATORS
BID4ASSETS
http://www.bid4assets.com
(1)
County Tax Sales
http://www.bid4assets.com/help/index.cfm?fu
seAction=TaxSale
Upcoming
C
ounty auctions are continuously added to the site's calendar. To stay appraised of all
upcoming County auctions on Bid4Assets we encourage you to sign
-
up for our County Tax Sales email
alert so we can notify you when new sale
s are introduced to the site.
(2) Real E state Storef ronts
http://www.bid4assets.com/marketing/storefrontListing
Rogue Tax Sale Investor
-
312
-
Illinois
Tax Lien Sales:
Yes
,AnnualT
ax Sale.
Over
-
the
-
Counter Tax Lien Sales
:
Yes. W
here there are no bidders on a parcel
at the annual
tax lien sale
,
the parcel is sold to the County’s trustee
at 18
%. The County may authorize over
-
the
-
counter sales of these certificates.
Tax Deed Sales:
Y
es, Scavenger Sales.
W
here there are no bidders on a parcel
at the annual
tax lien sale
,
the parcel is sold to the County’s trustee
at 18
%. County
certificates
that have not
been redeemed after 2 ½ years
are available for purchase
at the County’s tax deed
sale.
Sales
are normally conducted during the summer months. Thirty days prior to a sale, a catalog of
properties is available at the County Treasurer’s Office.
In most counties, the sales are
conducted by Joseph E. Meyers & Associates, who acts as trustee
for the county.
To obtain
a
schedule of county tax deed
sales, contact Joseph E. Meyer
&Associatesat
618) 656
-
5744
.
See also Internet Auction Information at the end of the Illinois section.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Four Stars (****
)
Interest Rate:
18% every six months (effective interest rate is
36% per year
)
.Onfarmland,the
interest
rate is 12% every six months (effective interest rate is 24% per year). These are flat
rates (considered penalties), not annual percentage rates, so
the effective rate is actually
higher. Because this is a flat rate, you
can earn up to 18%
(on non
-
farmland, for example)
regardless of whether a lien is redeemed in month one or two, or any time before the six
-
month
period has expired. If
redemption occu
rs
within the first month,
you would earn
an effective
interest rate of 216%. After the sixth month, the interest rate accrues again at up to 18% plus
the previous interest. Therefore, the 18% interest becomes 36% at the end of month six. In all
likelihood
,
your winning interest rate will be lower. You
would
take your winning
interest (e.g.,
6%) and after six
months double the interest to 12%. Even if you bid down to 1% at an auction,
your effective annual rate
could be as high as 12% if redeemed in the fir
st month.
Sale Period:
The
annual tax lien sale
is normally held in the fall
,withmostcountiesholding
sales in November and December
.Scavengersalesareconductedinodd
-
numbered years.
Redemption Period:
2to
2
½
years
,dependingonthepropertycl
assification.
Bidding Process:
State law requires that bidders be registered at least 10 business days prior
to the start of the
tax lien
sale.
All
tax lien sales are by competitive bid, with the w
inning bidder
accepting the
lowest interest rate.
At tax
deed sales, the winning bidder offers the most money
for the deed.
State
-
Specific Information:
Under Illinois law, the Treasurer's Office is required to conduct two
types of real estate tax sales in which delinquent property taxes are sold. The first is t
he Annual
Tax Sale, held once a year, sometime after the second installment. If property taxes for the
immediately preceding tax year are delinquent on a parcel, they are offered for sale to tax
purchasers at the Annual Tax Sale. The sale m
ight be held any
time from the fall of that year to
the s
pring of the following year.
Rogue Tax Sale Investor
-
313
-
The
second is the
biennial Scavenger Sale (conducted in odd
-
numbered years)
,which
offers
tax
deeds
on properties that have delinquencies o
f
two or more years that were not purchased
at
the annual tax sales.
Illinois
is a decent
tax lien state because the
effective
interest rate of 36% per year is very
favorable. Some of the larger counties are highly competitive and big
-
time investors will bid
rates down to as low as 1%.
This is becaus
e
they realize that
even at 1% the effective annual
interest rate could be as high as 12% if the lien is redeemed quickly.
If you are looking to
acquire a property that is not likely to be redeemed, one strategy is to bid down to zero and shut
out the “big
-
time” investors.
Champaign County, Illinois Tax Lien Sale
November 7, 2003
I occasionally do environmental assessments in Champaign County, so in 2003 I decided to
attend their tax sale. Overall, I was not impressed with the sale. As I expected, since
the city of
Champaign is a college town located near Chicago and is currently a hot real estate area,
many professional investors were at the sale. In most cases they bid the interest rate from 18
percent every six months to 1 to 3 percent. Their goal was
to bid on a lot of properties, with the
hope that a few of the properties would go to deed. However, when properties located in
smaller towns around Champaign were offered, less bidding occurred and the winning interest
rate was occasionally as high as 10
to 15 percent. This demonstrates what I keep telling all of
you tax lien certificate and tax deed investors to do: focus on undiscovered and unpopulated
areas. You will have less competition and find many more bargains.
I also noticed something very inte
resting. None of the investors would bid the interest rate
below 1 percent. However, if you have done your research and located properties with a high
likelihood that they will go to deed, you do not care about the interest rate. After all, what is the
dif
ference between 1 percent and 0 percent, especially if the property goes to deed and you do
not get paid any interest at all?
Therefore, at these more popular sales, one strategy is to go through the tax sale list, find
properties that look decent by insp
ecting them, and then evaluate if they are likely to go to
deed. Look for properties that have been in tax default for a long time and/or the amount of
taxes owed is high while otherwise the property appears in good condition. These properties
are the best
candidates for going to deed. All you need is one property that goes to deed and
you can make 7 to 10 times your money.
Another interesting twist in Illinois is that you, the buyer of the tax lien certificate, must notify
the tax delinquent property owne
r by mail, following state
-
mandated procedures, if you want to
take possession of the property if it goes to deed. The requirement is three separate mailings
by the purchaser of the tax lien certificate. What a pain in the neck! However, always
remember th
is requirement if you are investing in Illinois tax lien certificates.
Illinois County Links
:
See
Illinois
Tax Sales
at
http://www.illinoistaxliencertificates.com
and
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
Rogue Tax Sale Investor
-
314
-
CHAMPAIGN COUNTY, IL
LINOIS
http://www.co.champaign.il.us
TREASURER’S OFFICE
http://www.co.champaign.il.us/treasurer.htm
(1) Contacts
http://www.co.champaign.il.us/treas/contacts.htm
Daniel Welch, Treasurer
Brookens Adm
inistrative Center
1776 E. Washington
Urbana, Illinois 61802
Phone: (217) 384
-
3743
Fax: (217) 384
-
3777
Email:
treasurer@co.champaign.il.us
(2) Tax Sale
http://www.co.champaign.il.us/treas/taxsale.htm
The Annual Real Estate and Mobile Home Tax Sale
The annual Tax Sale will be held at Brookens Center Lyle Shields Meeting Room, 1776 E. Washing
ton,
Urbana, Illinois, starting at 11:00
a.m.
October 24, 2008. Anyone interested in being a tax buyer must
complete a Bidder Registration Form
(
http://www.co.champaign.il.us/treas/taxsale.pdf
)
and return it to the
Treasurer’s office no later than 10 business days prior to the tax sale (October 9, 2008).
Fees to be added to each real estate parcel purchased at the tax sale:
x
$20.00 indemnity fee
x
$10.00 tax sale automation fee
x
$60.00 intere
st fee
x
$4.00 County Clerk fee.
Tax Sale Buyer Instructions
Tax Sale Registration Fee:
$500 Tax Sale Registration Fee (must be included with registration form)
This new law (35 ILCS 200/21
-
200) calls for a Registration Fee of no more than $500 in
counties with a
population above 50,000.
The $500 will be applied to any purchase made at the tax sale.
If the registrant cannot attend the tax sale they may notify the collector no later than 5 business days
(October 17, 2008) prior to the sale of any
substitute person who will participate in the sale.
If the registrant does not attend the sale, then the deposit is forfeited to the Tax Sale Automation Fund.
If the registrant does attend the sale and attempts, but fails, to purchase any parcels offer
ed for sale,
then the deposit must be refunded to the registrant.
Tax Sale Fees (Non
-
Refundable):
$50 Tax Sale
Delinquent List (hard copy or e
mail)
Any request to have the delinquent list mailed m
ust include $10.00 for postage and
handling or pre
-
paid,
p
re
-
addressed mail service envelope.
If you intend to bid at the annual tax sale please complete the Bidder Registration Form
(
http://www.co.champaign.il.us/treas/taxsale.pdf
)
and return it b
y October 9, 2008
.
There is a registration
Rogue Tax Sale Investor
-
315
-
fee, and if you want delinquent tax information you must pay a $50 delinquent list fee. Please include
your check for $550 with the registration form if you want the delinquent data or $500 if you do not want
the
delinquent data.
Other Buyer Requirements
It is our policy that you leave us a signed check and a telephone number where you can be reached prior
to the sale.
Winning bids are final and y
our payment is non
-
refundable.
Make sure that what you bid
on is
actually
what you want.
If you default, by law, Champaign County will pursue collection on winning bids through
the courts.
This year's tax sale will be conducted using the "RAMS" (Real
-
Time Auction Management System)
,
an
automated system t
o track bids an
d compile data.
When we receive your registration and fee, and as
soon as it is available, you will receive a paper listing of the current delinquent list or an email containing
a digital
text file in PDF format.
You must have a PDF Reader program installe
d on your compu
ter in
order to open the file.
PDF Reader programs are widely available
for download on the internet.
For
further information visit
http://www.iltaxsale.com
.
At the beginning of the sale a training
and demonstration session will be conducted to familiarize all
buyers with the procedure.
If you have any further questions please call us at 217
-
384
-
3743 or email us at
treasurer@co.champaign.il.us
.
R
OGUE INVESTOR NOTE
: See
Private Sector Tax Sale Administrators
at the end of the Illinois section
for information related to ILTaxSale.com.
(3)
F
orms
http://www.co.champaign.il.us/treas/forms.
htm
Tax Sale Buyer Registration Form:
http://www.co.champaign.il.us/treas/taxsale.pdf
.
This form must be
received in the Treasurer’s Office
10 business days prior to the tax sale
.
COUNT
YCLERKSOFFICE
http://www.co.champaign.il.us/countyclerk
and
http://www.champaigncountyclerk.com
The County Clerk is responsible for
accepti
ng redemptions and issuing tax deeds on unredeemed
properties.
(1) Contact Information
http://www.co.champaign.il.us/countyclerk/contacts.htm
Mark Shelden
Brookens Administrative Ce
nter
1776 E. Washington
Urbana, Illinois 61802
Phone, Real Estate Taxes: (217) 384
-
3722
Fax: (217) 384
-
1241
Email:
mail@champaigncountyclerk.com
Rogue Tax Sale Investor
-
316
-
COOK COUNTY, ILLINOI
S
http://www.co.cook.il.us
TREASURER’S OFFICE
http://www.cookcountytreasurer.com
(1) Contact Information
http
://www.cookcountytreasurer.com/contactus.aspx?ntopicid=57
Cook County Treasurer's Office
118 N. Clark Street
, Room 112
Chicago, IL 60602
Phone: 312
-
443
-
5100
Online contact form:
http://www.cookcountytreasurer.com/contactus.aspx?ntopicid=225
(2
) Annual Tax Sale Background Information
http://www.cookcountytreasurer.com/taxdates.aspx?ntopicid=81
Und
er Illinois law, the Treasurer's Office is required to conduct two types of tax sales in which delinquent
property taxes are sold.
The first is the Annual Tax Sale, held once a year, sometime after the Second Installment. If property
taxes for the immedi
ately preceding tax year are delinquent on a parcel, they are offered for sale to tax
purchasers at the Annual Tax Sale. The sale might be held any time from the fall of that year to the spring
of the following year.
Please check this w
eb site periodically
for the announcement of the date
Those interested must meet a set of qualifications to participate in the annual tax sale. They must
complete registration materials and provide collateral or a bond. The registration materials include rules
for the conduc
t of a tax sale.
The biennial Scavenger Sale (c
onducted in odd
-
numbered years)
offers taxes on properties that have
delinquencies on two or more years that were not purchased at the annual tax sales. In Cook County, the
sale has traditionally taken place
in the fall or early winter months.
For a complete understanding of the distinctions between these sales and how to proceed to tax deed,
read 35 ILCS (Illinois Compiled Statutes) 200/1
-
1, et. seq. This information can be found in any law
library.
(3
)Sc
avenger Tax Sale
http://www.cookcountytreasurer.com/taxdates.aspx?ntopicid=77
The next Scavenger Tax Sale will be held in 2005.
ROGUE INVESTOR NOTE
: Information on the w
eb pa
ge is the same as that on
the
web page for Annual
Tax Sale Background Information.
(4
) Tax Bill Schedule for 2005
http://www.cookcountytreasurer.com/taxdates.aspx?ntopicid=75
June 26, 2007:
Tax Year 2005 Annual Tax Sale ends.
June 5, 2007:
Tax Year 2005 Annual Tax Sale begins.
Rogue Tax Sale Investor
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317
-
COUNTY CLERK
http://www.cookctyclerk.com
(1) Contact Information
http://www.cookctyclerk.com/sub/contact.asp
Real Estate & Tax Services
Cook County Building, 4th Floor
118 N. Clark St
reet
Chicago, IL 60602
Phone
: (312) 603
-
5656
E
mail:
dorr@cookc
ountygov.com
(2) Real E state and Tax Services
http://www.cookctyclerk.com/sub/real_estate_taxes.asp
When delinquent or unpaid taxes are sold by the Cook County Treasurer's office,
the Clerk's office
handles the redemption process, which allows taxpayers to redeem, or pay, their taxes to remove the risk
of losing their property. Records for delinquent taxes for prior years (currently defined as tax year 2004
and earlier) are the resp
onsibility of the Clerk's office.
DUPAGE COUNTY, ILLIN
OIS
http://www.co.dupage.il.us
TREASURER’S OFFICE
http://www.co.dupage.il.us/treasurer/index
.cfm
Gwen Henry
, Treasurer
Phone: (630) 407
-
5900
(1) Contact Information
http://www.co.dupage.il.us/treasurer/generic.cfm?doc_id=136
DuPage County Treasurer's Office
First
Floor,
South
421 N. County Farm Road
Wheaton, Illinois 60187
Phone
, Tax Information
:
(630) 407
-
5900
Mailing Address
P.O. Box 787
Wheaton, Illinois 60189
-
0787
Online contact form:
ht
tp://www.co.dupage.il.us/treasurer/treasureremail.cfm
(2) Tax Sale Informat ion
http://www.co.dupage.il.us/treasurer/generic.cfm?doc_id=1621
The tax sale is held
each Novemb
er
in the JTK County Administration Building, 421 N. County Farm
Road, Wheaton, Illinois.
A list of delinquent parcels will be published in local newspapers in November. A tax sale list of the
delinquent parcels will be available for purchase by registere
d buyers at a cost that is dependent upon the
number of parcels. While more information is contained on the tax sale list than is published in the
newspapers, its purchase is not a requirement for attending the tax sale. The tax sale list provided to the
t
axbuyers is for the sole purpose of the delinquent property tax sale. Use of this information for any other
purpose is strictly prohibited. The County Treasurer reserves the right to deny sale of the list to any
taxbuyer.
Rogue Tax Sale Investor
-
318
-
State law requires that bidders b
e registered at least 10 business days prior to the start of the sale.
Registration forms are available in October to prospective taxbuyers, along with a list of requirements for
buying at the tax sale and registration fee amounts. A person must attend t
he sale in order to bid.
Payment of purchases (delinquent taxes + interest + costs of $104.00 per parcel) must be made the day
of the sale by cash or cashier’s check only.
The bid represents the rate of interest that would be earned by the taxbuyer on the
purchase amount
during each six months of the redemption period, if the owner redeems the sale. By law, the
max
i
mum
interest rate bid is 18%. The sale is to the person who bids the lowest percentage of interest. In the last
several years the average succe
ssful bids ranged from 0% to 3%.
After the tax sale, the taxbuyer is issued a certificate of purchase, which represents a lien on the property.
The property owner has a 2
-
to 2 ½
-
year redemption period, depending on property classification. If the
tax lie
n is not redeemed by the owner, the taxbuyer must petition the circuit court for a tax deed, after first
fulfilling all of the legal requirements. The taxbuyer may also pay all unpaid taxes for the next two
subsequent years at a specified time and record t
he payments against the sale.
See Subsequent Tax
Payment Information at
http://www.co.dupage.il.us/treasurer/generic.cfm?doc_id=3307
.
The legal requirements to purchase at the
tax sale and procedures that must be followed to obtain a tax
deed are outlined in the Illinois Compiled Statutes Chapter 35, Act 200, Article 21, available at public
libraries or on the Internet
at
www.ilga.gov/legislation/ilcs/ilcs.asp
.
Knowledge regarding procedures and
statutory requirements is the taxbuyer’s responsibility.
In cases where there are no bidders on a parcel, the County, as Trustee for all taxing bodies, becomes
the buyer at
18%.
The County’s certificates are available for purchase by taxbuyers in the amount that the
County paid, along with the 18%. Please direct inquiries concerning purchasing County certificates to the
DuPage County Clerk (
http://www.dupageco.org/countyclerk/index.cfm
). There are no forfeitures (unsold
parcels) available after the sale for over
-
the
-
counter purchases.
The actual tax sale dates, deadlines and more specific information are available
on our tax sale
instructions page or by contacting our office at 630
-
407
-
5900.
(3) Tax Sale Instructions
http://www.co.dupage.il.us/treasurer/generic.cfm?mode=previ
ew&doc_id=1622
Dupage County Annual Tax Sale
www.dupageco.org/treasurer
www.ilga.gov
Illinois Compiled Statutes Chapter 35, Act 200, Article 21
Date:
The 2006 an
nual real estate tax sale will begin on Monday, November 19, 2007
.
I
t will continue
until all delinquent parcels are sold.
Place:
421 N. County Farm Road
, Wheaton, in the auditorium of the JTK County Administration Building.
Time:
The tax sale will start
promptly at 9:00 a.m. each day and will run until approximately 3:30 p.m.
Using an automated tax sale system, we anticipate the sale running for 1 1/2 days.
Registration:
Registration forms will be available October 1, 2007. The County Collector must rec
eive
completed registration forms at least ten (10) business days prior
to the start of the tax sale.
Registration
forms must be received by our office no later than Thursday, November 1, 2007
.
Please complete the
official registration form and submit it a
long with 1) a deposit of $500.00 and 2)
an equipment usage fee
of $50.
Checks should be made payable to the
DuPage County Collector
. Your
$500 deposit will be
applied toward your purchases.
Other forms of registration will not be accepted. Your registrati
on form will
be receipted and returned to you with a three
-
letter buyer code. Each bidder listed on your registration
form will use
this three
-
letter code to bid.
If you have codes on file with this office, please notify us when
you register if you in
tend
to use the same code(s).
Existing codes preclude any changes to the Certificate
Name on your registration form. If you participate, please verify with our staff on Monday, November 19,
Rogue Tax Sale Investor
-
319
-
that your three
-
letter code represents the exact name you wish prin
ted
on your sale certificates.
Please
call 630
-
407
-
5912 if you have questions.
If a registered bidder cannot participate in the tax sale, our office must be notified no later than 5 business
days prior to the sale, of the name of the substitute person who wil
l participate in the registered bidder's
place. Substitutions will not be allowed on the day of the tax sale. If a registered bidder/buyer does not
attend the sale, the $500 deposit is forfeited.
Publicati on:
If a parcel remains unpaid as of October 19, 2
007, it will be published in local newspapers
the week of October 29, 2007.
Tax Sale List:
The tax sale list, available for purchase to registered taxbuyers, is for the sole purpose of
the
delinquent property tax sale.
Use of this information for any ot
her p
urpose is strictly prohibited.
The
County Treasurer reserves the right to deny sal
e of the list to any taxbuyer.
The list will include the
permanent parcel number, the assessee name, the delinquent tax amount and the state equalized value.
It will be
available on Wednesday, November 14, 2007
. The cost of the list is $250.
The tax sale list will
be sent electronically to the email address the buyer has provided on their registration form. If a printed
list is preferred, it will be available through our
office. Arrangements to receive a printed list should be
made with our office by Monday, November 12, 2007
, by calling 630
-
407
-
5912.
Checks to purchase the
list should be made payable to the
DuPage County Treasurer
. The printouts are for the entire county
and
are not available by township.
Bidding Procedure:
This is a
lien only sale
. The parcels are offered
in numeric order by township.
Taxbu
yers bid on the interest rate.
Bidding begins at 18% and the tax lien is awarded to the lowest
bidder.
This year we
will have an automated tax sale and bidding will be done by using a laptop
com
puter, which will be supplied.
An explanation of how to bid at the sale using the laptop computer will
be presented promptly at 9:00 a.m. the morning of t
he sale;
therefore, it
is important to arrive on time that
day.
County as Taxbuyer:
Whenever a parcel is offered for sale and there are no other bidders, the County of
DuPage, as Trustee for all taxing bodies, will bid 18% and become the owner of the cer
tificate. This
eliminate
s forfeitures.
After the sale, these certificates can be purchased from the DuPage County Clerk.
Deposits/Payments:
Only cash or cashier’s checks made payable to the
DuPage County Collector are
accepted.
Personal checks, business checks or other forms of
payment will not be accepted.
Taxbuyers pay the tax amount due, interest and a per parcel fee
of $104.00.
The statutory fees cover:
$10.00
for Costs
4.00
for Sales Certificate
20.00
for Tax Sale Indemnity Fund
10.00 f
or Tax Sale Automation Fund
60.00
fo
r Sale in Error Interest Fund
$104.00
Total
An audited list by parcel number of each taxbuyer's purchases will be available after 10:00 a.m. on
Tuesday, November 20, 2007. The total amount due must be paid by 4:00 p.m.
that day.
Failure to pay
fo
r purchases will result in those purchases being cancelled and the taxbuyers' ineligib
ility for future
participation.
Cancellation of any buyer's purchases could extend the tax sale; therefore, please contact
our office for information regarding an additio
nal day of tax sale.
Refunds:
All checks received will
be deposited by the Collector.
If the deposits exceed the purchases,
the refunds will be made the Wednesday after the tax sale has been completed and balanced.
Seating:
There will be no assigned
seating at the sale. Taxbuyers are welcome to sit at any available
laptop station.
Evidence of Purchase:
Several weeks after the tax sale, a Sale Certificate will be issued by the DuPage
County Clerk in the name of the registered taxbu
yer for each parcel
purchased.
This Sale Certificate
Rogue Tax Sale Investor
-
320
-
represent
s a lien against the property.
Please contact that office at 630
-
407
-
5500 with any inquiries
regarding your certificates.
We look forward to your partici
pation at our annual tax sale.
Please refer to Illinois Com
piled Statutes,
Chapter 35, Act 200, Article 21, or the Illinois General Assembly web page at
www.ilga.gov
for tax sale
information.
Knowledge regarding procedures and statutory requirements is the taxbuyer’s responsibi
lity.
If you have any questions, please contact our office at 630
-
407
-
5910 or visit our website at
www.dupageco.org/treasurer
.
(4) Subsequent Tax Payment Information
http://www.co.dupage.il.us/treasurer/generic.cfm?doc_id=3307
Pursuant to Illinois Compiled Statutes (Ch. 200/21
-
355), you may pay subsequent years’ unpaid 2006
taxes (sub
-
tax) on any parcels you have purchased a
t a previous DuPage County tax sale. We will only
accept sub
-
tax payments after the second installment bec
omes delinquent.
Sub
-
tax bills become
available at 10:00
a.m., Tuesday, September 18, 2007, and must be ordere
d at least one day in advance.
Your bill
s must
be requested by buyer code(s). Please refer to the attached
subsequent tax bill order form
(
http://www.co.dupage.il.us/emplibrary/SUB%20TAX%20ORDER%20FORM.pdf
)
for i
nstructions on
ordering sub
-
tax bills.
Each sub
-
tax bill has three parts: two receipt po
rtions and one payment coupon.
Each part lists the 2006
tax d
ue, penalty and indemnity fee.
The buyer code and sales certificate number that corresponds to the
sub
-
tax
are also printe
d on each section of the bill.
Verify the sales certifica
te number against your
records.
If parcel numbers have changed, we will provide bills for new parcels which are affected by the
sale.
Please note that it is the tax buyer’s responsib
ility to check for current tax payments and check for prior
year redemptions on each parcel befor
e submitting a sub
-
tax payment.
This office will not refund the sub
-
tax payment to the tax buyer if the prior year’s sale certificate has been redeemed at the
County Clerk
's
Office.
Select and to
tal the bills you wish to pay.
Please pay the
“Total Sub
-
Tax Due” amount.
Submit the
sub
-
tax bills with your check.
Do not s
eparate the parts of the bill.
You will receive two receipts: one for
your records and one that
must be filed promptly with the County Clerk along with a request that the sub
-
tax payment be ap
plied to the prior years’ sale.
It is the responsibility of the tax buyer to insure the sub tax
payment is posted by the County Clerk
.
Please contact their offi
ce at 630
-
407
-
5500 for more information.
A sub
-
tax payment will be refunded if it duplicates a prior payment, including anoth
er tax buyer’s sub
-
tax
payment.
Date and time of receipt will always determine the priority of sub
-
tax payments.
The date that you
r sub
-
tax payment is received in our office will
be used for computing penalty.
On the
first of each month, additional penalty of 1.5% per installment
must be added to your payment.
Please
request new sub
-
tax bills if additional interest becomes due.
Appl
ication for judgment is November 16, 2007
.
The 2006 tax sale begins November 19, 2007
.
If you
have questions regarding the tax sale, please call our office at 630
-
407
-
5910.
(5) Local Newspapers
http://www.co.dupage.il.us/treasurer/GENERIC.CFM?DOC_ID=1623
Delinquent 2006 Real Estate Taxes Will Appear the Week of October 29, 2007 in the Following
Publications:
ROGUE INVESTOR NOTE
: See web page for a list of publications, the p
ublisher and phone number, and
the townships published.
Rogue Tax Sale Investor
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321
-
COUNTY CLERK’S OFFICE
http://www.dupageco.org/countyclerk
Gary King, County Clerk
Jack T. Kneupfer Admin
istration Building
421 N. County F
arm Road
Wheaton, IL 60187
Mailing address
:
P.O. Box 1028
,
Wheaton, IL 60189
Phone:
(630) 407
-
5500
LAKE COUNTY, ILLINOI
S
http://www.co.lake.il.us
TREASURER’S
OFFICE
http://www.co.lake.il.us/treasurer
The staff holds the annual tax sale.
(1) Real E state Tax Information
http://www.co.lake.il.us/treasurer/taxinfo/realestatetaxes.asp
All payments must be received by Friday, November 26th, at 5:00 p
.
m
.
to avoid going to tax sale. Those
interested in participating in the tax sale must register 10 business days prior to the sale.
(2) Tax Sale Instructions
http://www.co.lake.il.us/treasurer/taxsale
Please read carefully (limited seating).
Important: Please read all of the following information carefully before you even consider taking part in the
annual tax sale. All statutory
references can be found in the Illinois
property tax code (35ILCS200).
Remember, you are not buying the property; you are buying a delinquent tax lien on the property. To
have any right to this property itself, you will have to follow all the statutory s
teps and obtain a tax deed
from the Circuit Court. You do not have the right to put the tax bill into your name until you have obtained
the tax deed.
Lake County will hold the 2007 annual tax sale on Monday
,
December 1st and Tuesday
,
December 2nd.
This y
ear it will not be held at the Lake County Court House, but at the Lake County Forest Preserve
Greenbelt Cultural Center, 1215 Greenbay Road, North Chicago.
If you plan to attend this year’s sale, please complete the Application for Delinquent Property T
ax Sale
(
http://www.co.lake.il.us/elibrary/forms/treasurer/taxsalebuyerregistration.pdf
)
(after October 1st but not
later then November 13th). This
application
should be sent to
Lake County Collector, 18 N. County Street,
Waukegan, Illinois 60085, along with a $500.00 deposit, which will be applied to your first purchase. If you
should attend the sale, but are unable to purchase any taxes, your deposit will be re
funded.
An additional fee of $100.00 will be charged to the buyers interested in obtaining a delinquent tax sale list.
Upon completing the application and making payment to the Lake County Collector, Joseph E
.
Meyer &
Associates will contact you via e
-
ma
il for the format of the list requested.
The tax sale list that is provided to you should be used for the sole purpose of the delinquent property tax
sale. Use of this information for any other purpose is strictly prohibited. The County Treasurer reserve
s
the right to deny sale of the list to anyone violating this rule.
Rogue Tax Sale Investor
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322
-
The actual sale system is called “RAMS” and is an automated computer system that will enable each
buyer to bid on a parcel electronically. Lap
-
top computers will be provided to each buye
r (a demo can be
seen at
www.iltaxsale.com
).
During the tax sale process, any corrections must be made before a township is ended. A total list of what
was bought by a buyer will be available the day after (Wedne
sday) the sale is completed and payment
must be completed by Thursday at 12:00 Noon.
New buyers
will need to supply at the time of registration
a letter of guarantee from their financial institution for the amount they expect to spend.
All tax buyers wil
l be notified when certificates are ready. Certificates must be picked up in person.
Tax Sale Procedures
: Some parcels listed for sale may not be offered at th
e sale for a number of
reasons:
x
Parcels paid by owner prior to the sale
x
Bankruptcy
x
Forfeitur
e
x
Municipal o
wned
x
Exempt
x
Court o
rders
x
Other reasons required by law
.
Parcels are sold to the lowest bidder. They must pay all taxes, interest and statutory costs. The maximum
interest is 18%, the lowest is 0%.
Whenever a parcel is offered for sale
and there are no other bidders, the County of Lake
,
as Trustee for
all taxing bodies, will bid 18% and become the owner of the certificate. This eliminates forfeitures. After
the sale, these certificates can be purchased from the Lake County Clerk.
The b
uilding will open the doors to the public at 8:00 a
.
m. The sale will begin at 9:00 a
.
m.
General Rule:
No smoking in the building at all.
Each day we will try to provide two fifteen
-
minute breaks. Lunch break will be provided each day. Use of
cellular t
elephones in the Tax Sale room is prohibited. All phones and pagers must be turned off.
Publication Dates
:
November 13th
and 14th (p
apers will be available in our office the third week of
November)
Tax Sale
List:
available the middle of November
Cost
$100.00
Last Day to Register:
November 13th at 5:00 p
.
m
.
Tax Sale
: December 1st and
2nd
Location:
Lake County Forest Preserve Greenbelt Cultural Center
, 1215 Greenbay Road,
North Chicago,
IL
.
Publications:
x
Zion Benton
News, phone: 847
-
746
-
9000,
Bent
on & Zion
x
The News Sun, phone: 847
-
336
-
7000,
Waukegan
x
Lakeland News
, phone: 847
-
223
-
8161,
Newport, Antioch, Grant, Lake Villa, Avon, Warren,
Wauconda
x
Pioneer Press, phone:
847
-
599
-
6900
,
Shields, Libertyville, Fremont, Cuba, Ela, West Deerfield,
Vernon,
Moraine
Rogue Tax Sale Investor
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323
-
If you should have any further questions, please feel free to contact LeAnne Fischer at 847
-
377
-
2028 or
online at
lfischer@co.lake.il.us
.
ROGUE INVESTOR NOTE
: Information
about Joseph E. Meyer & Ass
ociates and the website
ILTaxSale.com is available at the end of the Illinois section under the header “
Private Sector Tax Sale
Administrators
.”
(3) Forms
http://www.co.lake.il.us/treasurer/form
s.asp
Application For Delinquent Property Tax Sale:
http://www.co.lake.il.us/elibrary/forms/treasurer/taxsalebuyerregistration.pdf
(PDF format
,
21KB)
If yo
u plan to attend this year’s sale, please complete the Application for Delinquent Property Tax Sale,
(after October 1st but not later then November 15th).
Date:
7/25/2007
(4
) Contact the Treasurer
http://www.co.lake.il.us/treasurer/contact.asp
Robert Skidmore, Treasurer
18 N. County Street
Waukegan, IL 60085
Phone: (847) 377
-
2323
Email:
Treasurer@co.lake.il.us
COUNTY CLERK’S OFFICE
http://www.co.lake.il.us/cntyclk
(1) Tax C ertificate Program
http://www.co.lake.il.us/cntyclk/tax/certificate.asp
In 1981, the County Clerk's
Office pioneered an innovative program where the County acts as a tax
purchaser to collect delinquent taxes. We have recovered $15,000,000 through the Tax Certificate
Program. Nearly two
-
thirds or approximately $10,000,000 has been distributed to the taxin
g districts, with
the remainder retained by the County. The $15,000,000 has funded many essential programs and
activities that would not have been available without the Tax Certificate Program.
(2) Property Tax Redemption
http://www.co.lake.il.us/cntyclk/tax/redemption.asp
If the taxes due on a parcel of land are not paid by the statutory deadline, they become delinquent. The
County Clerk is responsible for receiving payment of all del
inquent taxes. Each December the County
Treasurer conducts a sale of the taxes past due and remaining unpaid for property in Lake County. For
information on pay
-
out amounts on sold delinquent taxes call (847) 377
-
2404.
When taxes become delinquent, proper
ty owners do not immediately lose their ownership of the property.
Property owners residing on the property have two and a half years in which to redeem their property and
protect their interest.
(3) Contact Information
http://www.co.lake.il.us/cntyclk/contact2.asp
Willard Helander, County Clerk
18 N. County Street, Room 101
Waukegan, IL 60085
Phone: (847) 377
-
2400
Fax: (847) 360
-
3608
Email:
cntycl
k@co.lake.il.us
Rogue Tax Sale Investor
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324
-
MADISON COUNTY, ILLI
NOIS
http://www.co.madison.il.us
TREASURER’S OFFICE
http://www.co.madison.il.us/Treasurer/Treasurer.
shtml
Fred Bathon, Treasurer
(1) Office Location
http://www.co.madison.il.us/Treas/Treas_of.htm
Treasurer's Office
157 North Main Street
, Suite 125
Edwardsville, IL 62025
Email:
madcotreas@co.madison.il.us
(2) Important Real Estate Tax Dates an d Deadlines
http://www.co.madison.il.us/Treasurer/Treas_RETaxDea
dline.shtml
Publication run date: October 18, 2007 (approximate date; October 23, 2006 last year)
Publish in newspapers all taxpayers not fully paid: October 19
-
25, 2007; not less than 10 days before
judgment
is signed (approximate date: October 24
-
30,
2006 last year)
1st buyer list: November 1, 2007 (approximate date)
Final buyer list: November 9, 2007 (approximate date)
Last day to pay at local banks: October 26, 2007 (approximate date; October 27, 2006 last year)
Judgment
signed, within 5 business
days of sale: November 9, 2007 (approximate date; November 13,
2006 last year
)
Last day to pay before taxes are sold at tax sale: November 9, 2007 at 5:00 p.m. (approximate date;
November 9, 2006 last year)
Period to redeem taxes before property is sold:
Depends on property class. Generally, at least 2 years
with option to file extension to 3 years. Contact the County Clerk’s office for details.
Tax sale date: November 13, 14, 15, 2007 (November 15, 16, 17, 2006 last year).
(3)
Tax Sale Information
http://www.co.madison.il.us/Treasurer/Treas_Taxsale.shtml
(3a)
Real Estate Tax Sale General Information
http
://www.co.madison.il.us/Treasurer/Treas_Taxsale.shtml
Request for Taxpayer Identification Number and Certification (W
-
9) [PDF]
:
http://www.co.madison.il.us/Treasurer/PDF/W
-
9.pdf
Proce
dure:
The format of the tax sale is an oral auction. You or a representative must attend the sale to
participate. The order of the sale is by township, by parcel ID. The Treasurer’s Office reads the alternate
ID number and
judgment
amount for each parcel.
Bids may begin as high as 18% (semi
-
annual rate) with
the sale going to the lowest bidder. If no bid is received, the parcel is sold to the County’s trustee. Last
year, taxes on 2,851 parcels were offered for sale. The County’s trustee holds a deed auction
once each
year for those parcels that are not redeemed. For dates and information, contact the office of Joseph
E.
Meyer, 141 St. Andrews Avenue
, P.O. Box 96, Edwardsville, IL 62025,
phone:
(800)
248
-
2850, Fax: (618)
656
-
5094.
Date and Location:
The offi
cial start date of the Madison County Tax Sale will be Tuesday, November
13, 2007. Only one parcel is sold on the first day in the Treasurer’s office. The remainder of the sale will
Rogue Tax Sale Investor
-
325
-
be held on November 14th and 15th. The sale will begin at 9:00 a.m. each d
ay. The sale will be held in
the Administration Building at 157 North Main Street, in Edwardsville, Illinois, in the County Board Room
on the second floor. If you want to be an individual buyer and purchase one parcel at 0%, please note it
on your registra
tion form.
**N
ew
**
Registration:
There is a required $500 registration fee, which must be applied to the amount
due on the properties that the registrant has purchased. If the registrant cannot participate in the tax sale,
then he or she may notify the Tr
easurer’s Office, not later that 5 business days prior to the sale, of the
name of the substitute person who will participate in the tax sale. If the registrant does not attend the sale,
then the deposit is forfeited. You must register in writing at least
10 business days before the sale by
sending a letter to the Madison County Treasurer’s Office, P.O. Box 729, Edwardsville, IL 62025. Please
include your address, telephone number, and the name of the person attending. Each person or business
attending is r
equired to fill out a W
-
9 form, Request for Taxpayer Identification Number and Certification
when registering. W
-
9 forms are available in the County Treasurer’s or County Clerk’s offices or on our
website
http://www.co.madison.il.us/treasurer/treasurer.shtml
(s
elect Tax Sale Information
)
.
List of Properties:
A tentative listing of available properties (printed report or on disk) is available
approximately 2 weeks before the sale for a f
ee of $250. This fee includes daily updates that are available
to pick up in the Treasurer’s Office, identifying additional parcels that have been paid and removed from
the sale. A “final” listing of available properties will be available on the Friday mor
ning before the sale, for
an additional $250 fee. This list will be final with the exception of any final adjustments that need to be
made at the last minute by our office. You must notify the Treasurer’s Office by 4:30 p.m. on the previous
Monday if you w
ant to purchase this “final” listing.
Payment:
Payment must be made immediately following the sale at the end of each day for the
judgment
amount (taxes plus penalties and interest) plus fees of $95 per parcel purchased. Payment is preferred by
check. Cre
dit cards are not accepted.
Stamp:
The County Clerk requires buyers to purchase a stamp for administrative purposes. Please
contact them at (618) 692
-
6290 or Suite 109.
Advertisement:
The Treasurer’s Office does not advertise for the sale. Listings of d
elinquent properties
by township, by owner name, are published in area newspapers approximately
4
-
6 weeks before the sale.
Note
: The Alternate ID number is used to identify and offer properties during the sale but these are not
included in the newspaper li
stings. The sale is conducted in Parcel ID order. Also, most of these
properties are paid prior to the sale.
Foreclosure:
The Treasurer’s Office does not handle this process. Contact your attorney for additional
information.
(3b) Mobile Home Tax Sal e Gen
eral Information
http://www.co.madison.il.us/Treasurer/Treas_MHTaxSale.shtml
ROGUE INVESTOR NOTE
: See web page for information on the same topics as
provided related to
real
est
ate tax sales (
http://www.co.madison.il.us/Treasurer/Treas_Taxsale.shtml
)
.
(3c) Tax Sale Newspaper Articles
http://www.co.madison.il.us/Treasurer/Treas_TaxSaleNewspaper.shtml
October 15, 2006
The Telegraph (PDF):
http://www.co.madison.il.us/Treasurer/PDF/Tax
Sale_101506_TheTelegraph.pdf
October 16, 2006
The Telegraph (PDF):
http://www.co.madison.il.us/Treasurer/PDF/TaxSale_101606_TheTelegraph.pdf
Rogue Tax Sale Investor
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326
-
COUNTY CLERK’S
OFFICE
http://www.co.madison.il.us/CountyClerk/CountyClerk.shtml
Honorable Mark A. Von Nida
Madison County Administration Building
157 N. Main Street
Suite 109
,
P.O. Box 218
Edwardsville, IL 62025
-
0218
Phone:
(618) 296
-
4482
PRIVATE SECTOR TAX SALE ADMINI STRATORS
ILTAXSALE.COM
http://www.iltaxsale.com/new/index.php/main
Illinois online tax sale website: tax dee
d foreclosed property and assignable tax certificates.
ROGUE INVESTOR NOTE
: Web page has a listing of auction dates by county, and includes the
minimum bid.
(1) Company
http://www.iltaxs
ale.com/new/index.php/main/company
One of Joseph E. Meyer & Associates` central functions is serving as the Delinquent Tax Agent (trustee
for taxing districts) for 78 of 102 counties in Illinois. Properties not purchased by tax buyers at the County
Tax
Sales are enrolled in the trustee program and managed by Joseph E. Meyer & Associates. After the
redemption period expires on delinquent properties, Joseph E. Meyer & Associates obtains tax deeds on
behalf of the county and sells the properties at public
auction. These auctions are conducted verbally or
by sealed bid.
(2) Contact
http://www.iltaxsale.com/new/index.php/main/contact
Joseph E. Meyer & Associates
141 Saint Andrews Ave
nue
Edwardsville, IL 62025
Phone:
(618) 656
-
5744
Email:
contact@josephemeyer.com
(3) FAQ
http://www.iltaxsale.com/new/index.php/main/faq
Cat
alogs
When and where are the catalogs available?
The catalogs are available approximately 30 days before
the date of the auction at the County Treasurer's office or online.
How much do the catalogs cost ?
The cost of the catalogs will vary from county to
county. Generally,
catalogs are priced between $2.00 and $25.00.
Can I obtain a catal og without going to the Treasurer's office?
Yes, you can now purchase them on
www.iltaxsale.com
.
Auctions
Where are auctions
held?
The sales are held in the county whose property is being sold and the
location will vary from county to county. (Please see our complete list of auction sale dates and locations.)
Rogue Tax Sale Investor
-
327
-
What is the bidding process?
There are two types of auctions that we
conduct.
Verbal or Open Auctions: In this process the property is sold to the highest bidder on the day of the sale
and while occurring you have the opportunity to raise your bid to the highest level you wish to bid.
Sealed Bid Auction: Only allows you
to make one bid on the property. In a sealed bid auction, your first
bid must be your best bid.
Can I bid on an item prior to the auction?
Yes you may if you are unable to attend the sale. The
"absentee bidder form" is available in the front of each ca
talog or at this website and is
only
accepted in
open or verbal auctions.
Where do I send completed sealed bids to?
Sealed bid forms must be completed as shown on the
Bidding Instruction page and be accompanied by payment in full, and mailed into the Co
unty Treasurer's
office.
When will I find out if my bid was the winning amount?
All bidders will be notified of their success
within a few business days after the close of the sale and following receipt of the information from the
County Treasurer.
Wh
at payment methods are accepted on the date of the sale?
We accept all forms of funds, including
cash, cashier's check, money order, bank draft, or personal check. However, if someone has previously
issued a check that has been returned for any reason, tha
t party will be required to pay in full with
certified funds on the date of the sale.
What amount will I be responsible for paying on the date of the sale?
At live auctions, you will be
required to pay $600.00 (plus a 1% auctioneer's fee, as well as a r
ecording fee) or 20% of the final
purchase price, whichever is greater. At a sealed bid auction, bidders are required to pay in full the
amount of their bid.
When is the balance due if I am not required to pay in full t he date of the sale?
The remaining
balance of your purchase is due within 60 days from the date of the sale.
When will I receive the deed to my newly purchased property?
Deeds can be expected
approximately 90 days after the balance is paid in full.
General
Why are these properties bein
gsold?
The properties are being sold as a result of nonpayment of real
estate taxes.
What happens to the properties that do not sell at the auction?
There is a small window of time after
an auction in which items that did not sell can be purchased outri
ght for the minimum bid of $600.
Otherwise, it will be placed in the next scheduled auction for that county.
If I purchase one of these properties at an auction, will I be responsible for paying any back
taxes?
No. All items sold through our auctions are
free and clear of all back taxes.
When will I be responsible for paying taxes on the property?
You will be responsible for paying the
taxes beginning January 1 of the year following the auction.
Do I need to conduct a title search on the property?
We
suggest that all purchasers conduct their own
title search after becoming the successful bidder on the property.
Are ther e any liens on the property that is being sold?
Generally, there are no liens upon those
properties being sold. We do not guarantee t
hat the property is free and clear of all liens.
What if the property that I purchase i s currently occupied?
We advise all prospective buyers to
discuss such situations with their attorney.
Rogue Tax Sale Investor
-
328
-
Indiana
Tax Lien Sales:
Yes
.
Over
-
the
-
Counter Tax
Lien Sales:
No
.
Tax Deed Sales:
Yes
,SurplusAuctions.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Five Stars (*****)
Interest Rate:
Flat
10%
interest
on the minimum bid
if
the
tax lien is r
edeemed in less than six
months.
This means your effective a
nnual interest rate could be as high as 120% if the lien is
redeemed in one month or less.
Flat
15%
interest
on the minimum bid
if
the
tax lien is redeemed
in more than six months but less than
1
year.
Interest on the overbid amount is 1
0
%
per annum
.
Inter
est on any taxes or assessments paid by the investor after the sale is 10%.
If the sale is
declared invalid before the deed, the investor receives 6%. If the sale is declared invalid after
the deed, the investor receives 10%.
Sale Period:
Tax sales must b
eheldbetweenAugust1andOctober31
.
Redemption Period:
1year
for “A” and “B” properties; 120 days for “C” properties.
No
extended right of redemption following the tax deed sale.
Bidding Process:
All auctions are by competitive bid.
The w
inning bi
dder pays the most for the
tax lien or tax deed.
State
-
Specific Information:
Item nu
mbers at the tax lien sale beginning with A” were not in
the previous year’s sale. “B” items were in the previous year’s sale but were not sold and still
have delinquent
taxes. “C” items were identified for redevelopment.
If the owner does not
redeem the tax lien certificate, you must apply for a tax deed within six months after the
redemption period expires or forfeit your money.
The statute governing tax sales affords
the County Auditor and County Treasurer options
reg
arding the way in which the tax s
ale may be conducted. Therefore, the ex
act procedures by
which a
tax sale
is conducted
for properties with delinquent taxes and special assessments may
differ from county t
ocounty.
As of 2007,
buyers
of tax deeds at surplus auctions
will not be
issued a deed until any delinquent property taxes are made current on property they currently
own.
Indiana County Links
:
See
Indiana
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
Rogue Tax Sale Investor
-
329
-
INDIANAPOLIS AND
MARION COUNTY, INDIA
NA
http://www.indygov.org
TREASURER’S OFFICE
http://www.indygov.org/eGov/County/Treasurer/home.htm
Mike Rodman, Treasurer
200 E. Washington Street, Suite 1001
Indianapolis, IN
46204
Phone: (317) 327
-
4444
TDD: (317) 327
-
5186
Fax: (317) 327
-
4440
(1) Tax Sal
e
http://www.indygov.org/eGov/County/Treasurer/Sale/home.htm
The ne
xt Tax Sale will be in October
2008.
Pleas
e check this website in August
2008 for more
information.
Note
: The
Tax Sale item list is
not available.
It will be available on the Treasurer's web page closer to the
date of the sale.
(1a) Introduction
http://www.indygov.org/eGov/County/
Treasurer/Sale/introduction.htm
The following information and procedures apply to Marion County
only.
The statute governing tax sales in
Indiana (I.C. 6 1.1 24 & I.C. 6 1.1 25) affords the County Auditor and County Treasurer options regarding
the manner
in which
the Tax Sale may be conducted.
Therefore, the exact procedures by which a county
conducts a tax sale for properties with delinquent taxes and special assessments may differ from county
to county.
This public auction or "Tax Sale" of real property
is required by Indiana
law.
While some unfortunate
circumstances may exist which result in some properties being offered for
sale, it is
nonetheless
required
that all properties with delinquent taxes, penalties, and special assessment liens for unpaid sew
er user
charges, delinquent weed cutting fees, delinquent solid waste service fees, delinquent storm water fees,
delinquent health and hospital liens, and DMD liens as specified by law, be auctioned at the Treasurer's
Tax Sale.
The Tax Sale enables the Tr
easurer to collect the revenue that has been levied for the operation of nearly
50 governmental units and school districts within Marion County. The staffs of the Marion County
Treasurer and Marion County Auditor appreciate the attention of prospective bid
ders and buyers to the
procedures governing this Tax Sale. Thank you for your participation. Your comments are welcome.
(1b) General Points of Interest
http://www.indygov.org/eG
ov/County/Treasurer/Sale/general.htm
All dates are tentative at this time.
The sale is to begin as a public auction at 9:00 a.m. Eastern Daylight Time, Thursday, October 18, 2007.
(Tax Sale instructions will begin at 8:30 a.m. in the Public Assembly Roo
m and will continue until the sale
begins at 9:00 a.m.
)
All times are Eastern Daylight.
On Thursday, October 18, 2007, the sale will run from 9:00 a.m. to noon, followed by a one
-
hour lunch
break;
then it will continue from 1:00 p.m. to
4:00 p.m.
It is u
nlikely that we will be able to offer all available properties for sale on Thursday, October 18, 2007
.
If
that is the situation, the sale will resume at 9:00 a.m. on Friday, October 19, 2007. The number of parcels
left to offer for sale on Friday, October
19, 2007 will determine the need to take a lunch break.
Rogue Tax Sale Investor
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330
-
On both Thursday, October 18, 2007, and Friday, October 19, 2007, the sale will be held in the Public
Assembly Room (Room 230), 2nd floor of the City
-
County Building
,
200 E. Washington Street,
Indian
apolis, IN 46204.
The properties remaining unsold at the end of the sale on Friday, October 19, 2007, will again be offered
on Wednesday, October 24, 2007, at 9:00 a.m. EDT in Room 260 of the City County Building.
If a parcel is not sold on October 18, 1
9 or 24, 2007, it will not be offered for sale again.
The "parcel number" identifies a property. There may be an owner and/or address advertised and/or read
at the sale, but the parcel number identifies the exact property offered for sale.
Parcels will b
e offered for sale in Item Number sequence, as identified in newspaper ads. This means that
"A" items (item numbers starting with A) will be offered first, followed by "C" items.
At the sale, parcels beginning with "A" will be offered in groups of 25 item
s at a time, such as items
A00001 through A00025. Any bidder may call out an item number within that range. A call for a specific
item number such as A00017 is considered a minimum bid for that item. Once the minimum bid is made,
that item is auctioned to
the highest bidder. If the item called for is no longer in the sale, that fact will be
announced, and a call for another item within that group of 25 will be accepted. This procedure will
continue until there are no more calls for item numbers within the g
roup being considered. At that time,
the next group of 25 item numbers will be offered. After all "A"
items have been offered once,
this
procedure will be repeated for parcels beginning with "C".
After all "A" and "C" items have been offered once, the Tre
asurer will open up the auction for all available
items to be offered on a first
-
a
sked, first
-
offered basis.
A call for a specific item is considere
d a minimum
bid for that item.
Once the minimum bid is made, that item is auctioned to the highest bidder.
Item numbers beginning with "A" were not in last year's sale. "C" items have been identified by the
Metropolitan Development Commission for redevelopment. "C" items that are sold have a maximum
redemption period of 120 days rather than the one
-
year redempt
ion that applies to "A" items.
A complete list of Tax Sale items available for sale will be available in three sources:
1.
Newspaper:
Properties available for sale will be advertised in The Indianapolis Star and the Court
& Commercial Record on the follo
wing Wednesdays:
x
September 05, 2007
x
September 12, 2007
x
September 19, 2007
2.
CD:
The CD will be available in Microsoft Excel and can be purchased from the Treasurer's office
on or after September 5t
h at the cost of $20.00 per CD.
The parcels that appear on
the CD will be
the same as those that appear in the first newspaper advertisement (September 5, 2007
).
Updated tax sale lists will not be available on CD.
3.
Web page:
Beginning on or shortly after Wednesday, September 5th, the Marion County
Treasurer's Web
page will have the most current list of properties available for sale. The list will
be updated daily and will be in the same format as the
newspaper listing and the CD.
The list can
be downloaded.
4.
An updated list of Tax Sale items still eligible for sa
le will be available from the Treasurer each
day, beginning Wednesday, September 5th, and each day thereafter until the Tax Sale ends on
October 24, 2007
.
The list will include items available as of 8:00 a.m. on the morning it is printed.
There will be a $
3.00 charge per list
to cover the cost of printing.
Only the Tax Sale Item Number
will appear on the list, so it will be necessary to have one of the original listings to be able to
obtain other information about those unsold parcels.
Rogue Tax Sale Investor
-
331
-
On or before Friday
, August 31, 2007, the Marion County Auditor will send a letter by Certified Mail to
owners of all properties which at that time are eligible for the 2007 Marion County Tax Sale.
Any payment made to the Marion County Treasurer by an owner to withdraw a p
arcel from the sale or by
a successful bidder at the sale must be p
aid by cash, by any certified check, by any cashier's check or by
any official c
heck that is issued by a financial institution.
No money orders, personal checks, or business
checks will be
accepted.
(The Treasurer will not accept more than $7,500.00 in cash from any one bidder,
for the period of July 2 through the duration of the sale.)
The Tax Sale buyer's interest in the property is limited to a lien on the purchased property until: 1) th
e
property is redeemed; 2) a Tax Deed is issued; or 3) six (6) months has elapsed after the expiration of the
redemption period, whichever occurs first.
There is a one
-
year period following the sale of each "A" item (120 days for "C" items) during which t
he
delinquent owner, occupant, or person with a substantial property interest of public record may "redeem
the property
,
" a term meaning to retain possession by paying all monies owed to the county plus required
fees.
Redemption of property purchased in a
Tax Sale results in the parcel remaining in the current owner's
name.
If a parcel sold in the "A" sale is not redeemed prior to one year from the date of sale (120 days for "C"
items), the Tax Sale buyer may present the Tax Certificate to the County Audi
tor and receive a Tax Deed
to the property granting title to the property to the buyer or assignee of the buyer.
A person who wants to redeem a property should contact the Marion County Auditor, Room 841 of the
City
-
County Building, to have an exact calcu
lation of the redemption cost made. That amount must be
paid to the County Auditor within one year of the date of sale of an "A" item (120 days for "C" items). The
redemption amount will be equal to the minimum bid required by the Treasurer, plus a redempt
ion fee
calculated on the minimum bid paid by the successful bidder (percentages listed below), plus 10% per
annum interest calculated on the difference between the minimum bid and the amount paid by the
successful bidder (referred to as Tax Sale Overbid),
plus any taxes, penalties and special assessments
paid by the buyer subsequent to the date of sale, plus 10% per annum interest on those subsequent
payments. (
Note
: The redeeming party does not have to repay the overbid amount, but they are required
to pa
y the 10% per annum interest on the overbid amount.) The redemption fee will be calculated in two
parts (three parts if taxes are paid subsequent to the Tax Sale):
1.
On the minimum bid:
a.
110% of the minimum bid if redeemed not more than 6 months after the da
te of sale;
b.
115% of the minimum bid if redeemed more than 6 months but n
ot more than one year after
the
date of sale.
2.
On the difference between the successful bid price and the minimum bid (ref
erred to as Tax Sale
Overbid):
a.
10% per annum interest from the
date of payment to the date of redemption
.
3.
On any taxes and special assessments paid by the Tax Sale
buyer subsequent to the sale:
a.
10% per annum interest from the date of payment to the date of redemption
.
4.
If, before redemption or the execution of a Tax
Deed, it is found that the sale is invalid, the Tax
Sale buyer is not entitled to a Tax Deed, but shall be entitled to a refund of the purchase price
plus 6% per annum interest.
If, after the execution of a Tax Deed, it is found that the deed is invalid
pursuant to I.C. 6
-
1.1
-
25
-
12
(
http://www.ai.org/legislative/ic/code/title6/ar1.1/ch25.html#IC6
-
1.1
-
25
-
12
)
, the Tax Sale buyer is entitled
to a lien on the property
in the amount of the purchase price, any taxes or special assessments paid
subsequent to sale, and any amount due the Tax Sale buyer as an occupying claimant plus interest at
10% per annum.
Rogue Tax Sale Investor
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332
-
(1c) Informati on for Buyers of P roperties in This Year’s Sale
http://www.indygov.org/eGov/County/Treasurer/Sale/buyers.htm
All dates are tentative at this time.
Every Tax Sale buyer will be required to have a bidder number in order to bid on
a parcel in the public
auction.
Successful bidders are not allowed time to "go to the bank" to secure funds to pay for their purchase(s).
Bid
-
account bidders will be assigned a white bidder paddle with a bidder number in the range of 100
-
499.
To obtain
a bidder number the bidder must pre
-
register and c
omplete the registration form.
The form
requests name and address (as they are to appear on the Tax Sale Certificate & W
-
9), phone number,
and Social Security Number (or Federal I.D. number), must attest t
o informatio
n pursuant to IC6
-
1.1
-
24
-
5.3
(
http://www.ai.org/legislative/ic/code/title6/ar1.1/ch24.html#IC6
-
1.1
-
24
-
5.3
).
They must establish their
account with qual
ified funds that may be deposited with the Treasurer in Room 1022 of the City
-
County
Building through October 17th or in the Public Assembly Ro
om on the day of the Tax Sale.
Paymen
t must
be made by cash, by any certified check, by any cashier's c
heck or
by
any official c
heck that is issued by
a financial institution. Qualified checks must be for the exact amount of purchase and made payable to
the Marion County Treasurer.
No money orders, personal checks, or business checks will be accepted.
(The Treasu
rer
will not accept
more than $7,500.00 in cash from any one bidder, for the period of July 1
thro
ugh the duration of the sale.)
Tax Sale purchases will be charged to the bidder's account by
presenting the bidder number at the conclusion of each successful bid
. If a deposit bidder's balance with
the Treasurer becomes too low to make subsequent purchases, the bidder will be required to deposit
additional acceptable funds before making additional purchases.
Beginning on or shortly after Wednesday, September 5th,
the Mari
on County Treasurer's Web page
will
have the most current list of properties available for sale. The list will be updated daily and will be in the
same format as the
newspaper listing and the CD.
The list can be downloaded.
The minimum bid that
will be accepted on any property must be equal to all taxes, penalties, and special
assessments presently due on the parcel
including the November 10, 2007, property tax installment
and service fees (if any)
plus a $300.00 Administrative Cost.
By wri
tten agreement with the Marion County Treasurer, the Marion County Auditor will
perform
the duties
of notification and title search under I.C. 6
-
1.1
-
25.
-
4.5
(
http:/
/www.ai.org/legislative/ic/code/title6/ar1.1/ch25.html#IC6
-
1.1
-
25
-
4.5
)
, and notification and petition to
the court for a tax deed under I.C. 6
-
1.1
-
25
-
4.6
(
http://w
ww.ai.org/legislative/ic/code/title6/ar1.1/ch25.html#IC6
-
1.1
-
25
-
4.6
)
. Certain parcels owned by the
same person may be sold, and must be redeemed, together with one or more other parcels.
The Administrative Cost includes an Advertising Fee and Title Sear
ch Fee that is charged with each sale
and is to enable the Marion County Auditor to secure such a service so that all interested parties of public
record may be informed by the Auditor of the impending issuance of a Tax Deed to a different owner. The
searc
h remains the property of the County Auditor.
After a minimum bid has been received for a particular item number the bidding will proceed in
increments deemed appropriate by the auctioneer based on the number of bidders.
No one should bid in this Tax Sal
e who does not have the correct type of payment at the time of
becoming a successful bidder. A high bidder who fails to immediately pay the bid price in acceptable
funds must pay a penalty of 25% of the amount of the bid (subject to prosecution
-
IC. 6
-
1.1
-
24
-
8
[
http://www.ai.org/legislative/ic/code/title6/ar1.1/ch24.html#IC6
-
1.1
-
24
-
8
]
).
All sales are final!
There will be no refunds or exchanges. Prospective buyers a
re urged to research
available properties thoroughly to aid in identifying the exact piece of property id
entified by the parcel
number.
Research may include, but not necessarily be limited to, a review of:
Rogue Tax Sale Investor
-
333
-
x
liens recorded with the Marion County Recorder;
x
plat maps in the appropriate Township Assessor's office;
x
orders of the Department of Metropolitan Development concerning demolition orders and unsafe
buildings;
x
sewer user charges, solid waste service fees, and/or weed cutting charges that have not been
certified to the Treasurer by the Department of Public Works; and
x
Health & Hospital charges that have not been certified to the Treasurer.
The IRS may claim redemption rights in properties sold which are subject to Federal tax liens pursuant to
a right o
f redemption established under 26 U.S.C. §7425 which is different than that provided under
Indiana Statute.
If a successful bidder buys a "pig in a poke
,
" the buyer will get just that.
All bidders:
the Treasurer will refund any excess of deposits over pu
rchases when the bidder advises the
Treasurer that no more purchases are planned. Such refund will be made by County check within several
days of the request to close the account.
Tax Sale buyers run a risk of trespassing if they make a purchase and attem
pt to enter the premises or
exercise any ownership rights during the redemption period which is prior to the time a Tax Deed is
issued in the buyer's name.
At the conclusion of each parcel sale, the Treasurer will issue a receipt for
the amount paid. (Rec
eipts for
bidders will be held by the Treasurer until the bidder closes out his/her account with the Treasurer.)
After 4
-
6 weeks from the date of sale, the buyer may present the Tax Sale receipt to the Marion County
Auditor, Room 841 of the City
-
County Bu
ilding, in order to receive a Tax Certificate evidencing the buyer's
lien against the property.
While the minimum time to exchange a Tax Certificate for a Tax Deed to an unredeemed property is one
year for "A" items (120 days for "C" items), the maximum t
ime for such action is six (6) months after the
expiration of the redemption period.
The Tax Sale buyer's lien expires six (6) months after the expiration of the redemption period.
A Tax Sale buyer may pay any taxes, penalties, and/or special assessment
s which become due on the
parcel subsequent to the Tax Sale but before the redemption period expires. Such payments can be
made by requesting a bill in person from the Marion County Treasurer. It is the Tax Sale Buyer's
responsibility to record any such pa
yment in the Auditor's office if the buyer expects to be reimbursed
when the property is redeemed.
If redemption is accomplished, the buyer will be reimbursed for recorded payments of subsequent taxes,
penalties, and/or special assessments plus interest a
t the rate of 10% per annum.
If the parcel is not redeemed and the Tax Sale buyer surrenders the Tax Certificate to receive a Tax
Deed, all delinquent taxes, penalties, and/or special assessments which became due subsequent to the
Tax Sale must be paid be
fore the Auditor will petition the court to issue a Tax Deed to the Tax Sale buyer.
All buyers who are to receive payments as a result of redemption of property they have purchased will be
required to complete Form W9 to give the County Auditor sufficient
information to be able to issue and
report on Form 1099
-
INT the amount of interest and redemption fee received.
(1d
)W
-
9Form
http://www.irs.gov/pub/irs
-
pdf/fw9.pdf
Rogue Tax Sale Investor
-
334
-
BOA RD OF
COMMISSIONERS
http://www.indygov.org/eGov/County/Comm/home.htm
Room 801
,
City
-
County Building
200 E. Washington St
reet
Indianapolis, IN 46204
(1
)County
-
Owned Surpl us Sale
http://www.indygov.org/eGov/County/Comm/surplus/home.htm
County
-
owned surplus property auction
Auction date for 2008: Monday, March 10, 2008
Public Assembly Room, 2
nd
Floor, Room 260
Registration begins 1:30 p
.m. Auction begins 2:00 p.m.
Procedures
:
Auction Dates for 2005:
April 21, 2005
;
June 16, 2005
;
August 18, 2005
Public Assembly Room
,
2nd Floor, Room 230
Registration b
egins 1:30
p.m.
Auction b
egins 2:00
p.m.
The public is invited and encouraged to con
duct a drive
-
by inspection of any parcel included on the
surplus property auction list.
Bidders please be aware that some parcels may be landlocked, may be
narrow strips only, irregular or may not have street frontage, may have alley access only or may hav
e
possible encroachments.
Bidders must register at the door before entering, providing name, address, phone number, and be
issued a bidder number.
Once the Auction has been closed, bids may not be withdrawn.
All sales are final. No refunds will be give
n
.
Sale will proceed by sequence of written order of the notice.
Bidding will start at the minimum bid.
All properties that s
ell for five hundred dollars ($500.00)
or less must be paid in full at the time of the sale
in the Public Assembly Room.
All p
rop
erties that sell for more than five hundred d
ollars ($500.00) must have a minimum earnest money
deposit of
five h
undred
d
ollars ($500.00) at the time of sale. P
roperties with minimum bids of ten
thousand d
ollars ($10,000) or more will require a five per
cent (5%) earnest money deposit at the time of
sale. The remaining balance
is
to be paid in full the following day in Room Number 1045 of the City
-
County Building between 8:00
a.m. and 12:00 n
oon.
It is understood that in the event a bidder does not pay t
he remaining balance by 12:00 noon on the
following day of the sale, the earnest money is forfeited by the bidder.
Office of the Marion County Board of Commissioners, County
-
Owned Property Division, will process the
resulting deeds and disclosure forms, i
ncluding recording.
The bidder submitting the next
-
to
-
highest bid shall be considered as an alternate bidder. In the event the
highest bidder defaults in presenting monies in full by the required deadline, the alternate bidder's bid will
be considered. In
this event, payment must be received by the alternate bidder within
48
hours from
notice of opportunity to purchase.
Rogue Tax Sale Investor
-
335
-
Alternate bidders are obligated to their bid.
Payment may only be made by
cash, certified check, cashier’s check or official check.
Certi
fied, cashier
s,
and o
fficial checks must be made payable to the Marion County Treasurer. Do not bid if you do not have
the correct type of payment.
If any improvement is occupied, it is without our consent. The County is not responsible for evictions.
T
he Marion County Board of Commissioners
does not
warrant that these properties are free and clear of
all encumbrances, easements, encroachments, judgments, liens,
or
right
-
of
-
way restrictions. The title
transfer is in the form of a Quitclaim Deed. "Once th
e Auction has been closed, bids may not be
withdrawn." All bidders are encouraged to hire a real estate attorney to perform a quiet title action to
remove all liens, judgments, etc.
Marion County expressly disclaims any warranties, expressed or implied, a
s to its merchantability,
habitability or fitness for a particular purpose. Any and all such property is to be sold on an
“as is”
condition, with award to the highest bidder.
The County assumes no responsibility for any changed condition of the
property f
rom the date of the
a
uction until delivery of the deed to the purchaser. Purchaser understands that he accepts all risk of loss
to the property during that time.
New in 2007:
In accordance with new state legislation, Marion County will be r
eviewing the ta
x status of
all c
ounty
-
owned s
urplus buyers.
County
-
owned s
urplus buyers will not be issued a deed until any delinquent property taxes are made
current on property they currently own.
Failure to bring all delinquent property taxes current may result in t
he voiding of sale of the parcel,
application of money rendered to the delinquent taxes, and the resale of that parcel in a subsequent sale.
Information Regarding Demoliti on Orders
:
Anyone purchasing property is advised to contact the
Marion County Health
Department at 221
-
2150 to determine whether demolition or repair orders hav
e
been issued on the property.
Demolition and repair orders can be iss
ued after the date of the sale.
It is
the responsibility of the purchaser to verify whether demolition or repa
ir orders have been issued for the
property. The purchaser accepts the property subject to any orders issued by the Marion County Health
Department.
Purchaser has no authority to enter the property until he receives the deed to the property. The County
wi
ll use reasonable efforts to deliver the deed in a timely manner.
All properties are subject to ta
x assessment in 2008, due and payable in 2009
if obtained before March 1,
200
8
. If obtained after the March 1, 200
8
assessment date, taxes will be due
in
201
0
.
Unlike a common auction, the transaction is not completed with the termination of the bidding. The
highest bid will be accepted and will require the Mayor's approval.
The street address being used is not necessarily the legal address. The addre
ss used
is for reference
only.
Anyone intending to apply for an improvement location permit will have to verify the correct street
address and zoning with the Permits Division
(
http://www.indygov.org/Ser
vices/permits.htm
)
of Plannin
g
and Zoning, 604 N. Sherman Drive
, Indianapolis
, Indiana.
High bidders are responsible for contacting the Township Assessor's Office
(
http://www.indygov.org/eGov/
County/Assessors
)
to verify accuracy of the assessed valuation against the
property.
Once the a
uction has been closed, we
will not
re
-
open bidding for the parcels again today.
All sales require a
pproval of the Mayor.
Rogue Tax Sale Investor
-
336
-
Data given about properties to be au
ctioned is given as a courtesy and is for information only. The Marion
County Board of Commissioners does not guarantee the accuracy of the information given. Each bidder
has the responsibility to independently verify or obtain whatever information he or s
he feels necessary
prior to submitting a bid.
How to r
ead
p
roperty
s
tatus:
A:
First Time in Surplus Sale
B:
Offered in Prior Surplus Sale
C:
Potential Environmental Contamination Problem
Where to call for question s:
Surplus Properties and Auctions
Mar
ion County
-
Owned Real Estate
Suite 1041
,
City County Building
Phone:
(317) 327
-
4030
Demolition and Repair Orders
Marion County Health Department
Health and Hospital Corporation
3838 N
.
Rural Street
Indianapolis, IN 46205
Phone:
(317) 221
-
2150
Property
Taxes
Marion County Treasurer's Office
Suite 1001
,
City County Building
Phone:
(317) 327
-
4444
Property Tax Deductions
Marion County Auditor's Office
Suite 841
,
City County Building
Phone:
(317) 327
-
4646
Deeds
Marion County Recorder's Office
Suite 7
21
,
City County Building
Phone:
(317) 327
-
4020
Zoning
Department of Metropolitan Development
Suite 1821
,
City County Building
Phone:
(317) 327
-
5155
Notice:
If you previously owned a property which was sold in a tax sale, and you failed to redeem the
p
roperty before a tax deed was issued to the County, Indiana law limits the circumstances under which
you or your agent may now purchase that property at a surplus auction.
No property may be sold to a person who is ineligible under section 36
-
1
-
11
-
16 of t
he Indiana Code.
Section
36
-
1
-
11
-
16
provides
:
(A) This section applies to the following:
(1) A person eligible to redeem a tract under IC 6
-
1.1
-
25
-
1 who did not redeem the tract before a
deed for the tract was issued to a county under IC 6
-
1.1
-
25
-
4.
(2)
A person who is an agent of the person described in subdivisions (1).
Rogue Tax Sale Investor
-
3
37
-
(B) A person subject to this section may not purchase, receive, or lease a tract the person was
eligible to redeem when the tract is offered in a sale, exchange, or lease under this ch
apter unless:
(1) The county was issued a deed to the tract under I
C5
-
1.1
-
25
-
4 more than five (5)
years before the
tract is offered for sale, exchange, or lease under this chapter; or
(2) The person pays the county treasurer an amount equal to the amoun
t required to redeem the tract
when the county was issued a deed for the tract under IC 6
-
1.1
-
25
-
4 before the sale, exchange or
lease under this chapter is executed by the county.
(C) If a person purchases, receives, or leases a tract that the person was
not eligible to purchase
receive or lease under this section, the sale, transfer, or lease of the property is VOID and the county
retains the interest in the tract it possessed before the sale, transfer or lease of the tract.
Therefore, anyone who is purc
hasing property previously held by them or by their principal and was
forfeited because of delinquen
t taxes within the last five years
must submit payment to the Office of the
Marion County Treasurer of all past due amounts no later than 12:00 noon of the
following day when the
auction payment balance is due.
(2
) General Information
http://www.indygov.org/NR/rdonlyres/B4DC9070
-
F519
-
4BFF
-
8A33
-
702C94371E46/0/ COUNTYOWNED
PROPERTY.pdf
To Contact Us:
Kevin Vaughn
,
County
-
Owned Property Division
200 E. Washington Street, Suite 1041
Indianapolis, IN 46204
P
hone: (317) 327
-
4030
What Is County Owned Surplus Real Estat e?
After a parcel has gone
through the annual tax sale two
consecutive years and is not purchased, the county takes a lien on the property. Surplus Auctions are
held to sell these parcels. To sell the parcels, the county takes title in Marion County’s name by virtue of a
tax title d
eed and removes all the taxes owing. The property is appraised and a minimum bid amount
established. When property is purchased from the County,
there is no redemption period;
the parcel is
yours as soon as you receive the recorded deed. The property is co
nveyed by
quitclaim deed, which the
county records.
Procedures For Our Auctions:
A handout explaining the procedures is available in the office, on the
Internet, or in the newspaper when notice of sale is published. This handout gives a detailed explanati
on
of the procedures and payment policies, the county’s responsibilities, and the buyer’s responsibilities.
All properties that sell for $500.00 or less must be paid in full at the time of the sale.
All properties that sell for more than $500.00 require
a minimum earnest money deposit of $500.00;
properties selling for more than $10,000 require 5% earnest money deposit at the time of sale. All
balances
are
to be paid in full
by noon the following day in room 1001 of the City
-
County Building.
To Obtain a
Listing:
A listing of the properties to be offered becomes available approximately one month
prior to each sale. The list is available via the Internet, newspaper publication, or in our office:
x
Internet
:
http://www.indygov.org/eGov/County/Comm/surplus
.
This site is updated one month
prior to each auction. After the sale it will be updated to show which properties were sold.
x
Newspaper
:
A legal notice is published in both the Indianapolis Star
and the Court & Commercial
Record two times prior to the auction. This is a complete listing, including the procedures.
x
In the
City
-
County Building
: The list can be purchased for $3.00 in room 1041 on the 10th floor of
the City
-
County Building.
x
Reminder P
ostcard
:
Unfortunately we are not able to mail or fax the list of properties available for
sale. There is a reminder postcard sent in January to announce sale dates.
To be included in our
reminder list please contact Kevin Vaughn at 327
-
4030.
Rogue Tax Sale Investor
-
338
-
PRIVATE SECTO
R TAX SALE ADMINISTRATORS
SRI INCORPORATED
http://www.sri
-
taxsale.com
SRI was created over fifteen years ago, as the vision of James Hughes who saw the potential for
assisting county government as a result of
a new tax sale law. That vision proved to be 20/20. In those
fifteen years, SRI has grown to become the tax sale experts and its name is now synonymous with tax
sales.
(1) Contact Information
http://sri
-
taxsale.com/contact.asp
SRI's office is located at 8082 Bash, Indianapolis, Indiana 46250. Or just email us at
jhughes@sri
-
taxsale.com
.
(2) Commissioner’s Sales
http://sri
-
taxsale.com/commissioner.asp
The natural progression of selling tax reverted properties is to sell the deeds to the properties of which the
county obtains ownership. The Indiana General Assembly has recently created new law to
allow the sale
of certificates by the commissioners. Of course, SRI was active in that legislation and as a result, we are
on the formative edge of that process. SRI conducts both deed sales for commissioners as well as the
new certificate sales. SRI is th
e only company in Indiana that has conducted these certificate sales.
Again, our expertise in the area of tax sales has led us to an unequalled expertise in the area of
commissioners’ sales, too.
(3
) Online Auctions
http://sri
-
taxsale.com/auctions.asp
An on
-
line auction is where various items are being offered for sale on the internet. During this type of
sale, the highest bidder typically wins. However, different rules apply to different types of sale
s.
Increasingly, treasurers throughout the country are looking for more effective and efficient ways in
conducting public auctions. SRI has found a way to accomplish this task for them. By conducting public
tax sale auctions on
-
line, treasurers are able
to quickly place properties back on their tax rolls and collect
funds due to the counties. SRI has a website,
www.sri
-
auctionsonline.com
where these types of sales are
being conducted. In the near future,
other public auctions will be conducted on this site.
(3a) SRI
-
AuctionsOnline.com
https://www.sri
-
auctionsonline.com
Phone: 1
-
800
-
800
-
9588
Answers to frequently asked questions:
https://www.sri
-
auctionsonline.com/help/ SRI_Auctions_ Q_A.pdf
(4
) Indiana Tax Sales
http://sri
-
taxsale.com/indiana
-
taxsale.asp
We con
d
uct tax sales for many of the c
ounties in Indiana. F
or information about sales and tax sale dates
for Indiana counties c
lick
on the following link:
http://sri
-
taxsale.com/taxsaledates.aspx
. You will
also find
contact information for the County Sale Director. Choose the county that you are interested in on the map
and click on it.
SRI works hard to provide you with as much helpful data as possible. See the links to the left
for Indiana
t
ax
sale infor
mation.
(4
a)
2006
Tax Sale Statistics
http://sri
-
taxsale.com/taxsale_stats_2006.htm
Rogue Tax Sale Investor
-
339
-
(4
b) Frequently Asked Questions
http://sri
-
taxsale.com/faq
.html
What is the date and time of the next tax lien sale?
Please refer to
the Tax Sale Dates link on our web
site at
http://www.sri
-
taxsale.com/taxsaledates.aspx
.
Where and when will the a
uction/sale be advertised?
Please refer to the Free Property Information
(
http://sri
-
taxsale.com/propertyinfo.html
) on another page from our web s
ite. It will list where the auctions
will be adverti
sed. However, it will not give an exact advertising date. You can call the individual
newspapers and they will be able to give you exact advertising dates by the second or third week in July.
How often do you advertise sales?
The tax lien sales are adver
tised according to the sale dates. They
are advertised for three consecutive weeks. Please refer to the Free Property Information
web page
(
http://sri
-
taxsale.com/propertyinfo.html
)
for approximate
dates.
Is it possible to register by mail?
Yes, it is possible to register by mail for the counties that we assist.
However, you must mail a registration form to our office with the counties that you wish to register to bid
at. Please contact our offices
for the registration form.
What type of payme nt is required?
Cash or certified f
unds will be accepted.
What type of bidding process will be used?
This is an open aucti
on format. The starting bid is
the
amount advertised in the local newspapers, the lo
west amount that can be accepted by law.
Will the sale be final?
Yes, the sale is final. Once the auctioneer says sold, the lien on the property is
yours and you are obligated to pay for that lien.
Will other liens be cleared from the property as a res
ult of the sale?
Liens will not be removed as a
result of the sale. However, if you as the tax lien buyer comply with the laws and acquire a tax deed on
the property all liens will be removed with the exception of Federal and State liens.
If a forecl osur
e is necessary, will t he county assist in this matter?
Foreclosure is not a provision of
the tax sale statutes.
Will I receive a document to verify the purchase? Will it be a deed or a certificate of lien?
Yes
,
you
will receive a document to verify the p
urchase and it will be a tax lien certificate
.
Will you allow purchases by mail?
No.
When will the list of unsold/unbid
-
on property be available?
For counties that we assist, it will be
available approximately thirty (30) minutes following the sale.
Is a current list of a vailable property or liens available?
Properties are certified for sales on July 1st.
Updates to remove properties will be indicated on each page.
Is a copy of the county rules and state statutes regarding the tax sale available?
Ye
s, follow
this link
for more information on Indiana Statutes:
http://www.in.gov/legislative/ic/code/title6/ar1.1/ch24.html
.
Other Information:
The redemption period is twelv
e (12) months. A flat 10% interest penalty is applied to the minimum sale
price if the property is redeemed from the sale date through six months, 15% interest penalty is applied to
the minimum sale price if the property is redeemed from six months through
twelve months, and a 25%
interest penalty is applied to the minimum sale price if the property is redeemed greater than twelve
months and before a tax deed is issued. In addition, 10% interest per annum is applied on any overbid.
A tax lien purchaser ma
y pay subsequent taxes that become due on a property. Upon redemption, the tax
lien purchaser will receive the taxes paid back with 10% interest per annum applied.
Rogue Tax Sale Investor
-
340
-
Any costs that a tax lien purchaser incurs, and that are reimbursable according to the law
, that are filed
with the county auditor will be required to be paid upon redemption.
Indiana Code does not allow bulk lien sales on properties.
The holder of a tax sale certificate must acquire a tax deed to the real property within two (2) years afte
r
the date of sale. If the tax lien purchaser fails to do so, the lien against the property
is terminated (I. C. 6
-
1.1
-
25
-
7[a]
).
(
4
c) Statutes
http://www.in.gov/legislative/ic/co
de/title6/ar1.1/ch24.html
(4
d) Tax Sale Glossary
http://sri
-
taxsale.com/glossary.pdf
(4
e) Tax Sal e Dates and Information
http://sri
-
taxsale.c
om/TaxSaleDates.aspx
ROGUE INVESTOR NOTE
: The web page includes the following information by county: sale date,
director, director email, address, city, state, zip, sale location and property information.
(4
f) Advertising Information
http://sri
-
taxsale.com/propertyinfo.html
You may obtain a list of the properties available for tax sale approximately
five (5) weeks
prior to the sale
date. These lists will be published in at least one local newsp
aper. For most counties the information
included in the newspaper advertisement is as follows:
x
Sale ID#
x
Property ID#
x
Minimum Sale Price
x
Owner Name (Optional)
x
Legal Description
x
Common Location / Property Address
ROGUE INVESTOR NOTE
: The following countie
s in Indiana are clients of SRI: Bartholomew, Blackford,
Brown, Carroll, Clark, Clinton, Dearborn, Delaware, Elkhart, Floyd, Fountain, Fulton, Grant, Greene,
Hamilton, Harrison, Hendricks, Howard, Huntington, Jackson, Johnson, Knox,
Kosciusko
, Lake, LaPort
e,
Lawrence, Madison, Martin, Miami, Montgomery, Morgan, Orange, Owen, Parke, Porter, Posey, Pulaski,
Putnam, Randolph, Ripley, Scott, Shelby, Spencer, Starke, Switzerland, Tipton, Vermillion, Vigo,
Washington, and Whitely. See web page for a list of newsp
apers in which tax sale advertisements are
placed, by county.
(4
g) Lien Buyer Hand out
http://sri
-
taxsale.com/handout.pdf
ROGUE INVESTOR NOTE: See six
-
page document for the following information: tax sal
e procedure, tax
lien purchaser information, if the owner redeems the property, and penalties for failure to comply with tax
sale statutes.
(4
h) 137 B Form
: Statement of Costs Paid on Tax Sale Property
http
://sri
-
taxsale.com/137B.pdf
(4
i) Online Tax Sale Registration
https://www.sri
-
taxsale.com/registration
Rogue Tax Sale Investor
-
341
-
Iowa
Tax Lien Sales:
Yes
.
Over
-
the
-
Counter Tax Lien Sales:
Yes. The lists
are called Adjourned or Public Bidder Sales
Lists. These are liens that are left over from the annual June tax lien sale. There is usually a real
estate lis
tandamobilehomelist.
Tax Deed Sales:
No
.
Rating:
Four
Stars (****)
Interest Rate:
24% per y
ear
Sale Period:
All county tax lien sales are held on the same day, during the third week in June.
Redemption Period:
21 months
.
Bidding Process:
By state law, b
idders
can
bid on the percentage of the property they will own.
Thus, when two bidders bid
on the same property, they can both end up owning a percentage of
the property.
In some counties this is becoming more common, so it is possible that you could
end up with properties where it would be difficult to foreclose.
The bidding process
is commonl
y
done
by random round robin.
If your bidder number is randomly selected, you have an
opportunity to bid or pass.
Some counties, such as Polk County, will charge a hefty fee to
register as a bidder, even if you are only purchasing over
-
the
-
counter liens.
State
-
Specific Information:
Iowa is
adecent
tax lien state because the interest rate of 24% per
year is very favorable, the redemption period of 21 months is short, and unsold certificates can
be
purchased by m
ail.
However, sales can be competitive and mo
re often some bidders are
now willing to bid on a percentage of property ownership.
The random round robin process is
good in that it keeps the interest rate fixed at 24 percent; however, because it is random you wi
ll
have no idea what liens you
will have
an opportunity to bid on.
Story County, Iowa Tax Lien Sale
June 2004
Story County is where Iowa State University is located, and overall this appeared to be a good
county for tax sales. In general, the sale went well; however, there were about 150 bid
ders,
which is a little more than we like.
In Iowa, as each parcel comes up for bid, a computer is used to randomly select a bidder
number and the bidder can either say "sold" or "pass." This process is efficient and does not
bid down the interest rate. E
very winning bidder gets the 24% interest rate that makes Iowa a
great tax lien certificate state. Also, since all sales are on the same day, it is hard for large
investors to corner all the sales.
We also learned a little trick at the sale: if you want t
o win a lot of bids,
bring some friends.
After the sale is over you can transfer ownership of the certificates for a fee. If your goal is to
spend a lot of money, this is a good strategy. Overall,
it was a fair sale and we left as owners of
several
tax lien certificates with a 24 percent
interest rate.
Iowa County Links
:
See
Iowa
Tax Sales at
http://www.tax
-
lien
-
certificates.com
Detailed Cou
nty
-
Specific Information:
Rogue Tax Sale Investor
-
342
-
POLK COUNTY, IOWA
http://www.polkcountyiowa.gov
TREASURER’S OFFICE
http://www.polkcountyiowa.gov/treasurer/Defa
ult.aspx
Mary Maloney, Treasurer
Polk County Administration Building
111 Court Avenue, Room #140
Des Moines, IA
50309
-
2298
Phone: (515) 286
-
3030
Fax: (515) 286
-
2225
(1) Property Tax Division
http://www.polkcountyiowa.gov/treasurer/Default.aspx
C
onduct
s
the annual tax sale for the collection of delinquent taxes.
(1a)
General Information
http://www.polkc
ountyiowa.gov/treasurer/pages/propertytax.aspx
Property Tax Division
County Administration Building
,
Room 154
111 Court Avenue
Des Moines IA, 50309
Phone: 515
-
286
-
3060
|
Fax: 515
-
323
-
5202
Property Tax Email:
propertytax@co.polk.ia.us
(2) Tax C alendar
http://www.polkcountyiowa.gov/treasurer/pdfs/TaxCalendar.pdf
October 15: Tax sale buyers may pay subsequent delinquent tax
es on properties with outstanding taxes.
April 15:
Tax sale buyers may pay subsequent delinquent taxes on properties with outstanding taxes.
June:
The Treasurer’s Office Annual Tax Sale is held at the Polk County Convention Complex beginning
on the third
Monday in June (the treasurer may designate a different date for the sale other than the third
Monday in June if necessary).
(3) Tax Sale Buyer Information
http://www.polkcountyio
wa.gov/treasurer/pages/TaxSale.aspx
County Administration Building
,
Room 154
,
111 Court Avenue
Des Moines IA, 50309
Phone: 515
-
286
-
3060
Fax: 515
-
323
-
5202
Tax Sale Buyer Request for Available Redemption Funds:
http://www2.co.polk.ia.us/breq.php
Affidavit for Lost or Destroyed Tax Sale Certificate:
http://www.polkcountyiowa.gov/treasurer/PDFs/DupCertAffidavit.pdf
Ta
x Sale Buyer Address Change Request Document:
http://www.polkcountyiowa.gov/treasurer/PDFs/TaxSaleBuyerAddressChangeRequest_.pdf
The Polk County Treasurer
is responsible for the administration of the Annual Tax Sale and must offer for
sale, in an open competitive bidding process (Iowa Code Chapter 446,
h
ttp://coolice.legis.state.ia.us/Cool
-
ICE/default.asp?category=billinfo&service=IowaCode
), parcels in
Rogue Tax Sale Investor
-
343
-
which taxes have become delinquent. The purpose of the tax sale is to collect unpaid taxes. The Annual
Tax Sale takes place in June of each year at the Po
lk County Convention Complex
(
http://www.iowaeventscenter.com/cc.aspx
).
Below is the 2007 Tax Sale information in a .pdf file, as well as the previous years
tax sale information,
provided for refe
rence purposes only
:
x
2007 Tax Sale Information
:
http://www.polkcountyiowa.gov/treasurer/PDFs/taxSale2007.pdf
x
2006 Tax Sale Information
:
http://www.polkcountyiowa.gov/treasurer/PDFs/taxSale2006.pdf
x
2005 Tax Sale Information
:
http://www.polkcountyiowa.gov/treasurer/PDFs/TaxSa
le2005.pdf
x
2004 Tax Sale Information
:
http://www.polkcountyiowa.gov/treasurer/PDFs/TaxSale2004.pdf
Delinquent taxes on a parcel subject to sale will be advertised in June in
a Polk County newspaper of
general circulation. Properties are listed in parcel number order and have a sequence number for bidding
purposes. Copies of the newspaper are available for purchase at the Polk County Treasurer's Office.
In addition, computer
reports of delinquent items are available in three formats:
1.
Paper report
: Paper reports can be picked up in room 155 or mailed through the U.S. Postal
Service or UPS regular delivery.
2.
Electro
nic Report Via Treasurer’s Webs
ite (view only)
Free
:
Custome
rs may view the computer
report from the Treasurer’s Office Web Site beginning the first week of May at no cost by
selecting one of the links below.
x
Real Estate Public Bidder Sale
:
http://www2.co.po
lk.ia.us/TSPublic.html
x
Real Estate Regular Sale
:
http://www2.co.polk.ia.us/TSRegular.html
x
Mobile Home Public Bidder Sale
:
http://www2.co.pol
k.ia.us/MHPublic.html
x
Mobile Home Regular Sale
:
http://www2.co.polk.ia.us/MHRegular.html
3.
Electronic Downl
oad Report Via Treasurer’s Webs
ite
Password Access
: Customers may
download the computer
report from the Treasurer’s website in a format compatible with most
spreadsheet and database programs for a fee. The fee includes unlimited download capability.
The Treasurer’s Office will assign a user name and password to you upon receipt of your
payme
nt. The user name and password number is valid only for the tax sale(s) listed in the table
below.
To place an order in one or more of the previously mentioned formats, complete the “Delinquent Tax List
Order Form” (
http://www.polkcountyiowa.gov/treasurer/PDFs/TaxListOrderForm2005.pdf
) and return it
with your check for the appropriate fee to the Polk County Treasurer’s Office. You will receive a user ID,
password and th
e Internet website address from the Treasurer’s Office once you have paid for the report.
Submit the request and payment for paper reports or electronic downloadable files to:
Polk County Treasurer
Attn: Tax Administrative Supervisor
111 Court Avenue
Des
Moines, IA 50309
-
2298
Fax: (515) 323
-
5202
Email:
propertytax@co.polk.ia.us
Copying, distributing, or selling the tax sale computer report is prohibited. The investor is responsible for
all research on par
cels available for auction. The following sites are available that may help an investor
research parcels for the tax sale:
x
Assessor Link:
http://www.assess.co.polk.ia.us
x
Auditor GIMS Link
:
http://www.gis.co.polk.ia.us
x
Recorder’s Office Index Search Link:
http://landrecords.polkcountyiowa.gov/resolution
.
Rogue Tax Sale Investor
-
344
-
Please contact the Cash Management Divisio
n of the Polk County Treasurer's Office at (515) 286
-
3035
for information concerning tax sale redemption funds.
ROGUE INVESTOR NOTE
: See web page for a table that provides report format, method of delivery,
effective tax sale dates, and cost.
(
4
) Treasu
rer’s Tax Sale Package for 200
7
http://www.polkcountyiowa.gov/treasurer/PDFs/taxSale2007.pdf
ROGUE INVESTOR NOTE
:
The 34
-
page tax sale package contains the following information
:
memo from
the Treasurer to prospective tax sale bidders; property tax portfolio service;
electronic devices prohibited
and food/beverage restrictions;
registering for the tax sale, bidding at the tax sale, purchasing tax sale
certificates,
bidder activit
y report,
notification to titleholder of tax sale, reimbursement of a tax sale
redemption, payment of subsequent taxes (sub
-
list), assignment of a tax sale certificate, “90 Day Notice
of Right of Redemption” affidavit,
statement of costs,
tax sale deed, er
roneous tax sale or assignment,
abandoned
property or vacant lots
, tax sale publication, tax sale delinquent parcel reports, adjourned tax
sales, change of address or telephone number, Americans with Disabilities Act,
non
-
resident aliens and
foreign busine
sses,
general information,
calendar, W
-
9 form (Request for Taxpayer Identification Number
and Certification), registration
of tax sale bidder or assignee
form,
registration of authorized
agent form,
authorization to change agent form, direct deposit author
ization form, delinquent tax list order form, real
estate delinque
nt tax list
regular sale, 2006
Polk County bidder activity report,
tax sale buyer address
change request form,
and registration check list.
STORY COUNTY, IOWA
http://www.storycounty.com
TREASURER’S OFFICE
http://www.storycounty.com/index.aspx?DN=24,6,1,Documents
David Jamison, Treasurer
900 6
th
Street,
Nevada, Iowa
50201
Phone:
515
-
382
-
7331
Email:
DJamison@storycounty.com
(1)
Meet Our Staff
http://www.storycounty.com/index.aspx?DN=468,24,6,
1,Documents
David Jamison, Treasurer
Phone: (515) 382
-
7330
Email:
treasurer@storycounty.com
Jane Evans, Finance Deputy
Phone: 515
-
382
-
7330
Em
ail:
jevans@s
torycounty.com
Jane Evans’ knowledge of the tax sale process is extensive.
(2)
Tax Sale Packet
http://www.storycounty.com/index.aspx?DN=464,24,6,1,Documents
To:
2006
Prosp
ective Tax Sale Bidders
From: David d. Jamison, Story County Treasurer
Subject: 2006 Annual Tax Sale
Date: May 2006
Rogue Tax Sale Investor
-
345
-
The enclosed packet contains relevant information regarding the 200
6
tax sale and tax sale procedures. If
you plan on bidding at the 2005
tax sale, please read the information in the “Terms and Conditions
Governing the Annual Tax Sale” (revised May 200
6
).
The tax sale will start promptly at 10:00 a.m. on Monday, June
19
, 200
6
at Gates Hall,
825 15th Street
,
Nevada, IA 50201.
Pre
-
registrat
ion is required with a non
-
refundable $25.00 registration fee.
Please note this major change
in registration: if
you fill out the form
“Authorization to Represent Bidder,”
no changes will be allowed once
the form is turned in.
No exceptions
.
All
necessar
y forms, which include the
“Registration of Bidder,
W
-
9
,”
and “Authorization to Represent
Bidder,”
if applicable, and the registration fee, payable to the Story County Treasurer, must be properly
completed and received in our office by 5:00 p.m.
on Tuesd
ay, June 14, 2006
.
Please use our forms that
are provided.
On the day of tax sale, please provide pens/pencils for your use or for your group as our supplies are
limited.
A delinquent tax list will be available from our office on Wednesday, May 25th. If
you would
like a paper
report or a copy e
mailed, please fill out the order form that is provided and return
it
to our office with your
payment of $25.00. Or you may purchase a copy of the publication by calling the Ames Tribune at (515)
232
-
2160. The publ
ication date
will be Thursday, June 02, 2006
.
The real estate information is now available on the Internet and is updated continuously. Log on to one of
the websites at:
www.storyassessor.org
,
www.storycounty.com
or
www.iowatreasurers.org
.
If you are on our mailing list for the tax sale packets and you would like for our office to take your name
off or if you have any questions or concerns,
please contact our office at (515) 382
-
7330.
(2a) Tax Sale Packet
http://www.storycounty.com/adx/aspx/adxGetMedia.aspx?DocI
D=464,24,6,1,Documents&MediaID=1456
&Filename=TaxSale06.pdf
ROGUE INVESTOR NOTE
:
This 19
-
page document contains the
terms and conditions governing the
a
nnual tax sale (revised May 2006
).
Rogue Tax Sale Investor
-
346
-
Kansas
Tax Lien Sales:
No
.
Ta
xDeedSales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
Possibly. In some counties, offers to purchase properties
that did not sell at public auction will be considered and may be accepted upon published notice
and court approval.
Rating:
Two
Stars (**)
Int
erest Rate:
Not applicable to
Kansas’
tax deed sales
.
Sale Period
:
A
uctions
occur throughout the year, but they are not regularly scheduled. In fact,
one of the most difficult aspects of tax deed investing in Kansas
is keeping up with sale
dates.
Redemp
tion Period:
There is no
extended
right of redemption
following the
tax deed sale.
Legal Challenge Period:
1year
.
Bidding Process:
The
Treasurer’s Office or the Sheriff’s Office conducts the auctions, with
opening bid
s
start
ing
at the amount of taxes
owed on the property.
The minimum bid is
usually
equal to back taxes plus interest, fees and costs of the sale.
However, in some counties the
minimum bid can be less than that
.
The h
ighest bidder wins the property.
You may have a
buyer’s agent buy properti
es for you.
State
-
Specific Information:
The winning bidder will be issued a Sheriff’s deed after the court
confirms the auction (approximately three weeks following the sale).
Kansas County Links
:
See Kansas Tax Sales at
http://www.tax
-
lien
-
certificates.com
Detailed County
-
Specific Information:
JOHNSON COUNTY, KANSAS
http://www.jocogov.org
TREASURER’S OFFICE
ht
tp://treasurer.jocogov.org
Dennis Wilson, Treasurer
111 S. Cherry Street, Suite 1500
Olathe, KS 66061
Phone:
(913) 715
-
2600
Fax
:
(913) 791
-
5360
(1) Contact Information
http://treasurer.jocogov.org
/contact.htm
Phone: (913) 715
-
2600
Fax: (913) 791
-
5360
Real estate tax specific questions, email:
%20taxinfo@jocogov.org
Rogue Tax Sale Investor
-
347
-
(2) Frequently Asked Questions
http://treasurer.jocogov.org/faq.htm
When would my real estate property be up for tax sale?
Real estate property taxes three years
delinquent are subject to a tax foreclosure (
http://legal.jocogov.
org/tax_sale.htm
) action and public sale.
(3) Delinquent Taxes
http://treasurer.jocogov.org/delinquent_taxes.htm
Publicati on of Delinquent Real Estate Taxes:
Delinquent real estate taxe
s not paid within three years
are referred to the Legal Department for foreclosure action, thus putting the property in jeopardy of being
sold at auction.
Details of Tax Foreclosure Sales may be obtained by requesting a brochure entitled "Johnson County,
Kansas, Tax Foreclosure Sale" from the Johnson County Legal Department
(
http://legal.jocogov.org
)
, or
go to Tax Foreclosure Sale:
http://legal.jocogov.org/tax_s
ale.htm
.
Real Estate taxes that are unpaid August 1st of the current year are published in the official county
newspaper (as designated by the Board of County Commissioners) for three consecutive weeks in
August in accordance with the provisions of K.S.
A. 79
-
2301 to 79
-
2323a.
LEGAL DEPARTMENT
http://legal.jocogov.org
Johnson County Legal Department
111 S. Cherry Street, Suite 3200
Olathe, KS 66061
-
3486
Phone: (913) 715
-
1900
Fax: (913) 715
-
1873
(1) Staff
Dire
ctory
http://legal.jocogov.org/staff.htm
Mary Martin Buhl, Assistant County Counselor: tax sales
(2) Tax F oreclosure Sale
http://legal.jocogov.org/t
ax_sale.htm
Disclaimer:
This outline is provided by the Johnson County Legal Department for general informational
purposes. It is not intended as legal advice or as a complete statement of the law regarding tax
foreclosures. The procedures described in t
his outline are subject to change at any time, dependent upon
changes in state law and County policies. It is your responsibility to determine and verify all information
that you may need, or upon which you may rely, with respect to any property.
Auction
Procedures:
County tax auctions are held to collect unpaid real estate taxes. This outline will
help you understand the process and the research you will need to do if you are interested in purchasing
property at the tax auction.
There may be more than o
ne tax foreclosure in progress at any given time and each one may be at a
different stage of the process. Auctions will be set as needed throughout the year.
Several properties may be offered for individual auction at an auction.
The County does not sel
l tax lien certificates.
You are responsible for researching the properties that interest you to determine whether they are
suitable for your use. Some examples of research you may want to do are: determine the location and
type of property; check with t
he city and/or County for zoning and building limitations; check with the
County appraiser for assessed value and current tax rates; check with the Department of Records & Tax
Rogue Tax Sale Investor
-
348
-
Administration for easements and restrictive covenants; and view the property. A
dditional research may
be appropriate. Seek individual legal advice.
A list of the properties, as well as the date, time and location of the auction and registration requirements
,
will be published prior to the auction in the Kansas City Star and the Ola
the Daily News once a week for
three weeks. You may also view a
list of properties at this web
site; the list follows this message.
Also, for a nominal fee, listed below, you may obtain a list of the properties at the Johnson County Legal
Department. Prop
erties are listed by parcel identification number and by legal description; approximate
addresses are listed where available but are not warranted. You may view maps of the properties at this
website; the maps follow the list of properties.
Booklets cont
aining lists and maps of the properties are also available at the Johnson County Legal
Department for $8.00 each. Booklets may be purchased in person or by mail. To order the booklet by
mail, send your name, address, and money order or cashier's check in t
he total amount of $10.00 (which
includes postage) to Johnson County Legal Department, 111 S. Cherry Street, Suite 3200, Olathe, KS
66061
-
3486.
The amount of tax listed for each property in the auction notice is the amount of delinquent taxes owed,
plus
interest, not the assessed value.
Ownership of the property remains with the current owner(s) until the auction. Therefore, you may not
enter the property without the permission of the owner(s).
The current owner(s) may redeem the property at any time
prior to the time of auction.
The Auction:
Properties are sold at public auction to the highest qualified bidder, as defined by state
statute. The County may bid on properties up to the amount of taxes and interest it is owed.
Generally, state law proh
ibits the following people from buying at the auction:
x
those who owe delinquent taxes in Johnson County
x
those who have an interest in the property, such as the owners, relatives, or officers of a
corporati
on which owns the property
x
those who buy the prope
rty with the intent to transfer it to someone who is prohibited from buying
at the auction.
Some properties may sell for less than the taxes owed; some may sell for more.
Registration prior to the auction is required. Registration will be held the morn
ing of the auction, as
advertised.
All bidders and buyers must execute an affidavit, under oath, that they meet the statutory qualifications for
bidding on tax auction property.
Properties will be sold by legal description and by County parcel identifi
cation number.
Properties are sold
“as is.” There are no warranties.
All the properties must be paid for by the stated time on the day of the auction. Only cash, a cashier's
check, or a money order will be accepted. Personal checks are not accepted.
You
may leave the building to obtain the cash, money order, or certified check for payment, but you must
return to pay for the property by 4:00 p.m. that day. Payments will be accepted until noon at the auction
site. Payments will be accepted from noon to 4:0
0 p.m. at the Johnson County Sheriff's Civil Division, 125
North Cherry Street, Room 122, Olathe, Kansas.
The buyer must pay the fee for filing the deed with the Department of Records & Tax Administration at the
time of the auction.
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The buyer will rece
ive a receipt for payment on the day of the auction.
Aft er the Auction:
The court will hold a hearing approximately three weeks after the auction to determine
whether to confirm the auctions.
Some properties sold at the auction are subject to federal l
ien. A deed will be issued for those properties
after the expiration of the applicable federal redemption period, if the federal agency chooses not to
redeem the property.
For properties not subject to a federal lien, the Sheriff will issue a Sheriff's D
eed after the court confirms
the auction.
All other liens which were of record will be extinguished upon confirmation of the auction; however,
covenants, and restrictions and easements of record are not extinguished, and the buyer takes the
property subj
ect to those encumbrances.
The buyer is responsible for any taxes and assessments, which are not included in the judgment,
including the full amount of taxes assessed against the property for the calendar year in which the auction
is held.
The buyer is
responsible for taking any necessary legal action to obtain possession of the property, such
as by filing an eviction proceeding.
For twelve months after the deed is recorded, a legal challenge may still be made to question the
procedures that the Count
y followed. If such a challenge is successful, the property could revert to the
original owner, in which case the court would order the purchase price refunded to the buyer.
Upcoming Auctio ns:
The following tax auction, identified by District Court of Jo
hnson County case name
and number, is currently pending:
Currently, there is no sale scheduled.
Date of Sale
: No date is set at this time.
Property List: Currently, there is no list available (a
uction list is subject to change)
.
Frequent Questions
:
Wh
at is the date, time, and location of your tax auctions?
Auctions are scheduled when all other tax
auction procedures required by law and County policy have been completed. Auction dates, times, and
location will be posted on this site as they are set.
Wh
en and how are your tax auctions advertised? How can I obtain a list of properties for
upcoming auctions?
A list of the properties, as well as the date, time and location of the auction and
registration requirements
,
will be published prior to the auction
in the Olathe Daily News
, once a week for
three weeks.
Additionally, the list will be advertised in the Kansas City Star and the Johnson County Sun
newspapers. A list of the properties and maps for the properties are available for viewing on this web site.
Also, you may obtain a booklet of the properties and maps at the Johnson County Legal Department for
$6.00. The booklet may be obtained in person or by mail. To order the booklet by mail, send your name
and address to Johnson County Legal Department, 111
S. Cherry Street, Suite 3200, Olathe, KS 66061
-
3486. Payment is only by check or money order, made payable to Johnson County, Kansas
What payment requirements do you have at the auction?
Only cash, a cashier's check, or a money
order will be accepted. Per
sonal checks will not be accepted.
Is payment in full required on the day of the auction?
Yes. All properties must be paid for by the
stated time on the day of the auction.
Does Johnson County offer a financing program?
No.
Rogue Tax Sale Investor
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What type of owner ship doc
ument is issued at the auction?
The buyer will receive a receipt for
payment on the day of the auction. The court will hold a hearing approximately three weeks after the
auction to determine whether to confirm the auctions. For properties not subject to a
federal lien, the
Sheriff will issue a Sheriff's Deed after the court confirms the auction. Some properties sold at the
auctions are subject to a federal lien. A Sheriff's Deed will be issued for those properties upon the
expiration of the applic
able feder
al redemption period,
if the federal agency chooses not to redeem the
property. If the federal agency redeems the property, no deed will be issued and the person with the
winning bid at the auction will receive a refund.
Once a property is acquired throu
gh a tax auction, is there a redemption period before the
purchaser may t ake possession?
No, with
this
exception: Some properties are subject to federal lien.
The federal agency may redeem the property during the applicable federal redemption period. A dee
dwill
not be issued by the Sheriff until expiration of the federal redemption period and only if the federal agency
does not redeem the property. All properties are subject to the Service
Members Civil Relief Act
.
Does Johnson County allow investors to p
urchase at tax auctions without attending the tax
auction?
Yes, but the investor's agent must register prior to the auction and must attend and bid at the
auction. Further, if the investor is the successful bidder, the investor must execute the required af
fidavit
in
the allotted time
generally
within 48 hours after the auction. All bidders must register prior to the
auction. Registration will be held the morning of the auction. The successful bidders and buyers must
execute an affidavit, under oath, that
they meet the statutory qualifications for bidding on tax auction
property. Generally, Kansas law prohibits the following people from buying at the auction: (1) those who
owe del
inquent taxes in Johnson County,
(2) those who h
ave an interest in the propert
y;
for example,
owners, relatives, or officers of a cor
poration that owns the property,
and (3) those who buy the property
with the intent to transfer it to someone who is prohibited from buying.
What happens to pr operties that do not sell at the auction
? May they be purchased directly f rom
Johnson County?
In the event all the properties are not sold at an auction, Johnson County will consider
all available options and procedures allowed by state law for addressing the unsold properties, including
offerin
g those properties again
at the next auction. Offers to purchase properties that did not sell at public
auction will be considered and may be accepted upon published notice and court approval.
Do you have a mailing list?
No.
Does Johnson County sell tax
liens?
No. Kansas law does not provide for the auction of tax liens.
Will there be a minim um bid?
The County may choose to bid in at an amount up to the amount of its
lien, thereby setting a minimum bid. However, the County is not required to do so.
W
ill the properti es sell for the amount of taxes owed?
They may sell for more; they may sell for less.
What types of properties are in the auctions?
All types. Some have buildings or houses; some are
vacant; some are very small strips of land. It is the b
uyer’s responsibility to research the property to
determine whether it is suitable for the buyer.
Rogue Tax Sale Investor
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SEDGWICK COUNTY, K ANSAS
http://www.sedgwickcounty.org
TREASURER’S OFFICE
http://www.sedgwickcounty.org/treasurer/index.cfm
Ron Estes
, Treasurer
525 N. Main
Wichita, KS 67203
Phone: (316) 660
-
9110
Fax: (316) 383
-
7113
Sign up to
now
receive an electronic Tax Foreclosure Auction not
ification from the County Treasurer.
Enter your email address.
Phone, Real Estate Tax:
(316) 660
-
9110
(1) Online Feedback Form
http://www.sedgwickcounty.org/treasurer/feedback1.html
Email
Ron Estes
, Treasurer
:
restes@sedgwick.gov
E
mail Linda
Kizzire, Chief Deputy Treasurer
:
lkizzire@sedgwick.gov
(
2
) General Foreclosure Information
http://www.sedgwickcounty.org/treasurer/general_information.pdf
When a property remains unpaid for a certain length of time, it is selected for foreclosure (sale of property
by County
to pay back taxes) and is noted on the AB02 screen in the County’s mainframe computer
system. There is no set date for any property to enter foreclosure.
When a key number is in foreclosure status 0, it means the property has started the foreclosure proce
ss
and at this stage we can accept payment of the oldest year in full to take the property out of foreclosure.
In foreclosure status 1, abstractor’s fees have been added and we can still accept payment of the oldest
year in full to take the property out of
foreclosure. In foreclosure status 2, attorney
’s
fees have been
added
and we can accept payment of the oldest year in full to take the property out of foreclosure. In
foreclosure
status 3, court costs are added, the foreclosure case is filed
, and within s
everal months
the
foreclosure sale date is set. In status 3 foreclosure, the Treasurer’s Office can only accept certified funds
(cash, cashier’s check, or money order) for all years due up to 5 p.m. the day before the sale from the
taxpayer, lienholder or
other vested interest party.
The foreclosure sales are published 30 days before the sale date in the official paper (when a sale date is
set, it is in the Derby Daily Reporter, which is availab
le in limited supply on a first
-
come, first
-
served basis
in th
is office) and on the Treasurer’s website (
http://www.sedgwickcounty.org/treasurer
). Foreclo
sure
sales are properties sold o
n an “as is” basis and buyers should research the properties very thoroughl
y
before buying (some basic information on this is available in the Treasurer’s Office and is published on
the Treasurer’s website when a sale is scheduled). There are usually four to six sales per year, and they
usually occur between May and October, but
there is no established or scheduled time until the
Foreclosure Attorney sets a sale date.
(3
) Delinquent Tax Listing
http://www.sedgwickcounty.org/treasurer/DelinquentTax/in
dex.html
Welcome to the Sedgwick County Treasurer's Office delinquent tax listing application.
The purpose of this
application is to allow you to view a list of all delinquent properties in Sedgwick County.
Rogue Tax Sale Investor
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SHERIFF’S OFFICE
http://www.sedgwickcounty.org/sheriff
(1
) Sheriff Sales
http://www.sedgwickcounty.org/sheriff/sales.asp
The Sedgwick County Sheriff’s Office conducts sales
of real estate and other items under court order.
Mortgage Foreclosure Sales are conducted each Wednesday at 10:00
a.m.
in the Courth
ouse basement
conference room.
Tax Foreclosure Sales are advertised 30 days in advance of the date of the sale;
Personal P
roperty Sales are advertised three weeks in a
dvance of the date of the sale.
Both are
published in the Derby Daily Reporter or o
ther official paper of record.
For information view our Frequently
Asked Questions below or contact:
Real Estate Tax Foreclosur
e Sales
Rachel Hummel
Phone: 316
-
383
-
7264
Fax:
316
-
660
-
3248
Delena Farmer
Phone: 316
-
383
-
7264
Fax:
316
-
660
-
3248
Frequently Asked Questions
When and where are Sheriff’s sales held?
Mortgage Foreclosure Sales are held each Wednesday
(except holidays) at
10:00 am sharp in the Sedgwick County Courthouse Basement Cafeteria Conference
room.
T
ax Foreclosure, Personal Property and Surplus Property sales are conducted as the need arises
with the location, date and time published in one of the county papers of re
cord.
How can I learn about what properties or items are for sal e?
Sheriff Sales are subject to change on a
day to day basis and we are not able to respond to individual inquiries regarding list of
properties or items
for sale.
Persons interested in biddi
ng on items being sold should subscribe to the Sedgwick County
papers of record, “The Derby Daily Reporter” and the “The Sedgwick County Post”.
What information is published on items up for sale?
The case caption (who vs. whom), district court
case number
, name of the attorney for the plaintiff issuing the order of sale and the legal description of
the property.
Where can I go to obtain information not listed in the publ ication?
If the street address is not listed
on the published order, the Sheriff’s Of
fice will not have it. Instead
,
interested parties should contact the
County Clerk’s off
ice to obtain such information.
Information on the amount of judgment, court costs,
taxes owed, etc. are available and can be viewed in the open court file which is ava
ilable through the
Clerk of the District Court, Civil Division
,
which is located on the eleventh floor of the Sedgwick County
Courthouse, 525 N. Main
,
Wichita.
What information do I need to have in order make inquiries on sales being held by the Sedgwick
County S heriff’s Office?
You must have either the defendant’s name or the district court case number in
order make inquiries on the status of sales. We are unable to help you if you only have the address.
What form of payment is required when bidding on S
heriff Sales?
The full bid amount for a sale item
must be paid in cash, certified check or mo
ney order at the time of sale.
The Sheriff’s Office will accept
personal checks only with the prior approval in writing of the attorney for the plaintif
f listed in
the order of
sale.
The Sheriff’s Office will not give “change” from any transaction
conducted at a sheriff’s sale.
Should
the amount of the check or cash be over the amount bid, the Sheriff will issue a receipt for the actual
amount received and any overa
ge will be paid from the Clerk’s office at a later date.
Aft er the sale what happens prior to the Sheriff’s Office issuing deed for the property?
After the
sale the following events occur prior to t
he issuance of a Sheriff’s Deed:
Rogue Tax Sale Investor
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1.
After the sale a Return
of Service on the Order of Sale is filed by the Sheriff’s Office with the
Clerk of the District Court.
2.
The Clerk of the District Court will send a receipt to the winning bidder.
3.
An order confirming the sale will be generated, usually by the plaintiff’s att
orney and signed by a
judge. The orders may contain a redemption period which is generally ninety days in length;
although longer and shorter periods of time
may be specified by the court.
Redemption rights can
also be extinguished altogether upon order of
the court.
4.
Following the receipt of the order confirming the sale
,
the Sheriff’s Office will issue a Certificate of
Purchase which states the name, the length of the redemption period, if any
,
and the amount bid
by the winning bidder. These documents will
be sent to the plaintiff’s attorney unless the winning
bidder is a third party, in which case the Certificate of Purchase will be sent directly to them.
5.
At the end of the redemption period the buyer will surrender the original copy of the Certificate of
P
urchase to the Sheriff’s Office.
6.
Following the receipt of the original copy of the Certificate of Purchase by the Sheriff’s Office, a
Sheriff’s Deed will be issued to the winning bidder.
What happens if the property is redeemed during the redemption peri
od?
There will be no Sheriff’s
deed issued for the property and the Clerk of the District Court will refund the money paid on the date of
the sale.
Who should I contact if I have r outine questions regar di ng the processing of Sheriff’s Mortgage
Foreclosure
Sales?
The contact points for mortgage foreclosure sales are:
Donita Jarrell
,
Mortgage Foreclosure Clerk
Phone:
316
-
660
-
3875
Sgt. Conrad Jansson,
Civil Section Supervisor
Phone:
316
-
383
-
7375
WYANDOTTE C OU NTY/KANSAS CITY, KANSAS
http://www.wycokck.org
TREASURY
OFFICE
http://www.wycokck.org/dept.aspx?id=6758&menu_id=1034
Chuck Henry, Director
Revenue/Treasury
Wyandotte County Cour
thouse
710 N. 7th Street
Kansas City, KS 66101
Phone:
(913) 573
-
2823
REA L ESTATE PROPERTY TAX
(within Treasury Office)
http://www.wycokck.org/dept.aspx?id=6764&menu_id=1034
710 N. Se
venth Street,
Kansas City, Kansas
8200 State Avenue,
Kansas City, Kansas
Delinquent tax sale information:
http://www.wycokck.org/WorkArea/linkit.aspx?LinkIdentifier=
id&ItemID=7294
This displays the properties currently scheduled to be sold at the next tax sale. It also provides a
tentative calendar of tax sale dates and other information about tax sales in Wyandotte County.
Rogue Tax Sale Investor
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DELINQUENT REAL ESTATE PROPERTY TAX OF
FICE
(within Real Estate Property Tax Division)
http://www.wycokck.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=7294
Waym
an Favors, Assistant Counselor
Phone:
(913) 573
-
2817
This office arranges and conducts all Judicial Foreclosure Sales for Wyandotte County and the Unified
Government of Wyandotte County/Kansas City, Kansas
.
This site offers a list of properties selected for
sale and an estimated sale date. S
elect from the Web Page List or PDF File under "List Available" will
display the list of properties to be included in the sale.
Note
I=I
mprovement
V=
Vacant Lot
C/V =
Commercial Vacant Lot
C/I=
Commercial Improvement
Tax Sale # = 314
Status o
f Property Included =
http://www.wycokck.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=7296
Sale Date = December 28, 2006
Certainty of Sale Date =
Tax Sale #
= 315
Status of Property Included = April 27, 2007
Sale Date =
http://www.wycokck.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=7298
Certainty of Sale Date = De
finite
Tax Sale # = 316
Status of Property Included =
http://www.wycokck.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=9902
Sale Date = July 30, 2007
Certainty
of Sale Date =
Updated January 9, 2007
(1) Tax Sale 316
http://www.wycokck.org/WorkArea/showcontent.aspx?id=9902
Updated 7/18/2007
Note
: You must pre
-
register in order to part
icipate in the Tax Sale. The Sale is scheduled for July 30,
2007
, 10:
00 a.m.
at City Hall, 701 N.
7th St
reet.
Registration will take place in the Delinquent Real Estate
Office between the hours of 9:00 a.m. and 5:00 p.m., beginning July 16, 2007 thru July
20, 2007 and July
23, 2007 thru July 27, 2007. Prior to registration you must obtain a tax clearance from our office,
Delinquent Real Estate. The Tax Clearance must be in the name of the individual, group or company
bidding on the property.
Note: We sell
legal descriptions, not property addresses. Also, any purchases made through the tax sale
must be paid by certified check or money order and made payable to Clerk of the District Court. No
exceptions made.
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PRIVATE SECTOR TAX SALE ADMINI STRATORS
X
SPAND
http://www.xspand.com
(1) Foreclosure and Real Est ate Auctions
http://www.xspand.com/investors/foreclosure_auctions/index.aspx
XSPAND, and many of the governments that it serves, offer investors the ability to bid at public auction
on real property that has been acquired through tax certificate foreclosures. The specifics of the auction
process and acquisition of real property th
rough auction varies by applicable local and state regulations.
For this reason, available properties are listed by jurisdiction.
Auctions may be conducted by XSPAND or by the local government. Depending on the type of auction
being conducted and legal re
quirements, it is possible that other liens or judgments against the property
would remain valid and become the responsibility of the new owner. In other cases, all other liens and/or
judgments against the property are extinguished. Investors must familiar
ize themselves with the laws
governing the acquisition of real property obtained through a tax lien foreclosure auction in the jurisdiction
of interest. It is important to note that XSPAND provides no investment, legal or financial advice to
potential inve
stors. As with any investment, investors should carefully consider their objectives, risks,
expenses and conduct their own due diligence prior to bidding at auction.
All listed properties are auctioned on an "as is" and "where is" basis with no representa
tions or warranties
either general or specific regarding the physical condition, location, use, zoning or occupancy of the
property. No entry to the property can be granted to prospective bidders. XSPAND does not provide
investors with financing for these
transactions nor do we advise investors on how to obtain financing. In
some jurisdictions, the winning bidder is required to pay in full on the day of the auction and with certified
funds. In other places, a non
-
refundable down payment or deposit is requir
ed immediately after auction
with a "closing" scheduled at a later date where the deed and balance of funds change hands. Further
detail on payment terms and the acquisition of the property can be found by clicking on the individual
jurisdiction of interes
t.
For more information, follow the appropriate link or call the telephone number listed for each jurisdiction.
We strongly suggest that potential investors conduct due diligence and consult with an attorney to make
informed purchase decisions.
Should y
ou have an interest in attending or receiving more information on a particular auction, please
select the appropriate jurisdiction located on this page. From there you can view the list of parcels
scheduled for upcoming auction or you will be directed to w
ebsites hosted by our government clients
where additional information is available.
ROGUE INVESTOR NOTE
: See web page for a list of jurisdictions. They include: New York City, NY;
Erie County, NY; Cuyahoga County, OH; Montgomery County, PA (upset sales, j
udicial sales); Blair
County, PA; City of Chester, PA; and Wyandotte County/Kansas City, KS. Also, see frequently asked
questions specific to each jurisdiction (available once you have clicked on the jurisdiction).
(1a) Wyandotte County
/
Kansas City, KS J
udicial Foreclosure Sales
http://www.xspand.com/investors/foreclosure_auctions/detail.aspx?t=02&j=07&name=Wyandotte%20Cou
n
ty/Kansas%20City%20KS
Judicial foreclosure sales are conducted periodically each year by the Unified Government of Wyandotte
County and Kansas City, KS and all questions regarding the Judicial Foreclosure Sale should be directed
to the Delinquent Tax Of
fice at 913
-
573
-
2817. A listing of these aucti
on properties is available here:
http://www.wycokck.org/Dept.aspx?id=7294&menu_id=1034
.
Rogue Tax Sale Investor
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356
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(1b) Wyandotte County
/
Kansas City, KS Judicial
Foreclosure Sales FAQs
http://www.xspand.com/investors/foreclosure_auctions/detail.aspx?t=02&j=07&name=Wyandotte%20Cou
nty/
Kansas%20City%20KS
Under what process were the current properties for auction obtained
?
Real property available at
public auction has been subjected to a Judicial Foreclosure action as a result of d
elinquent real property
taxes.
When are property aucti
ons held?
Judicial Foreclosure aucti
ons are held every 3
-
4 months.
Where can I find a list of prop erties for t hese auctions?
Notice of the upcoming sales, including a list
of properties available, can be found at:
http://www.wycokck.org/Dept.aspx?id=7294&menu_id=1034
.
What will I need to do prior to the auction?
The Delinquent Tax Department of the Unified Government
determines which properties to make available for sale. All bidders m
ust register with the Delinquent Tax
Department prior to the sale. Prior to the auction, you may not enter the property to view the inside
though you may perform due diligence from the street. You may want to perform a title search as the
Delinquent Tax De
partment cannot assist in the ac
quisition of this information.
If I am the high
est bidder, what happens next?
Properties are sold to the highest bidder. All payments
are required, in full, paid by certified funds on the day of the sale. All liens on the p
roperty, with the
exception of Federal Tax Liens, are removed as a part of the Judicial Foreclosure. The Delinquent Tax
Office can assist you with a process that has been set
up by the Federal government to potentially
remove Federal tax liens and any ques
tions regarding this process should be directed toward the
Delinquent Tax Office. We strongly recommend that investors conduct their own due diligence and
consult with an attorney p
rior to purchasing properties.
Who can I speak with if I have questi
ons ab
out an upcoming auction?
The auctions are conducted
by the Unified Government of Wyandotte County and Kansas City, KS and all questions regarding the
Judicial Foreclosure Sale should be directed to the Delinquent Tax Office at 913
-
573
-
2817.
Rogue Tax Sale Investor
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Kentucky
Tax Lien Sales:
Yes
.
Over
-
the
-
Counter Tax Lien Sales:
Yes
.
Kentucky law allows any individual or company to
purchase taxpayers’ delinquent tax bills that have not been previously purchased by the state or
sold and reco
rded in the County Clerk’s Office
,
after the Sheriff’s sale.
Tax Deed Sales:
No
.
Rating:
Three Stars (***)
Interest Rate:
12% per year
.
Sale Period
:
Varies, depending on the county.
Redemption Period:
1
year
.
Bidding Process:
All
auctions are by co
mpetitive bid, with the winning bidder accepting the
lowest interest rate.
State
-
Specific Information:
The
Sheriff’s Office conducts the annual tax lien sale.
Liens that
remain unsold may be purchased over the counter through the County Clerk’s Office. T
he
buyer
receives a “Certificate of Delinquency” from the County Clerk’s Office
,and
has 50 days to give
notice to the property owner that he/she has bought the tax bill. The buyer may institute a
foreclosure action in court against the prop
erty owner for
the unpaid debt one
year after the
creation of the certificate of delinquency. Some buyers may be in no hurry to collect the debt,
given the high interest rate charged, and may simply hold the certificate as long as the property
owner’s equity in the prope
rty exceeds the tax debt. The statute of limitations for the certificate
of delinquency is 10 years.
Kentucky
County Links:
See
Kentucky
Tax Sales
at
http://www.tax
-
lien
-
certificates.com
Detailed
County
-
Specific Information:
HARDIN COUNTY
,KENTUCKY
http://www.hcky.org
SHERIFF’S OFFICE
http://www.hcky.org/hcso
100 Public Square, Suite 101
Elizabethtown, KY 42701
Pho
ne: 270
-
765
-
5133
Fax: 270
-
737
-
4574
(1) Tax Information
http://www.hcky.org/hcso/Processes/Tax%20Information.pdf
When does the Sheriff hold the tax sale? The tax sale is held the l
ast working day in April.
Rogue Tax Sale Investor
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JEFFERSON COUNTY, KE
NTUCKY
(no county website)
SHERIFF’S OFFICE
http://www.jcsoky.org
The Sheriff’s Office is the primary property tax collector in Jefferson County.
(1) Contact Informa
tion
http://www.jcsoky.org/contacts.htm
Colonel John Aubrey, Sheriff
531 Court Place, 6th Floor
,
Louisville, KY 40202
Phone: (502) 574
-
5400
Toll free: (800) 280
-
6694
COUNTY CLERK’S OFFIC
E
http://www.jeffersoncountyclerk.org
Bobbie Holsclaw, County Clerk
(1) Contact Information
http://www.jeffersoncountyclerk.org/contact
Delinquent Tax D
epartment
527 W. Jefferson Street, Room 100A
Louisville, KY 40202
Phone: (502) 574
-
6016
(2) Delinquent Real Estate Tax Frequently Asked Questions
http://www.jeffersoncountyc
lerk.org/records
-
documents/deltax.asp
What is considered a delinquent real estate tax?
A tax is considered "delinquent" when the due date
of a specific real estate tax assessment has passed and by statute any appeal rights have expired.
Jefferson County
real estate property tax notices are mailed out in late October or early November by the
County Sheriff's Office and are payable to the County Sheriff's Office beginning November 1. They
become delinquent on January 1, following their due date and are mai
ntained and collected in the County
Sheriff's Office until the May 1st Sheriff's sale. Following the sheriff's sale, delinquent taxes are
transferred and maintained at the Jefferson County Clerk's Office, accruing penalty and interest of 1% per
month until
paid.
Who can lawfully purchase my delinquent tax bill?
Kentucky law allows any individual or company to
purchase taxpayers’ delinquent tax bills that have not been previously purchased by the state or sold and
recorded in the Jefferson County Clerk’s Of
fice after the Sheriff’s sale. The purchase can neither be
anticipated nor prevented by the County Clerk.
What happens when someone buys my delinquent tax bill?
The tax bill is converted to a “Certificate
of Delinquency
,
” which the buyer will receive fr
om the County Clerk’s Office as a piece of paper or an
electronic record. The buyer has 50 days to give you notice he has bought your tax bill. Payment must be
sent directly to the buyer, along with the associated penalties and interest assessed by the buy
er. Once
you pay the buyer, he will surrender the certificate to you, so that it may be presented to the County Clerk
for lien release.
How long do I have to pay the buyer?
The buyer may institute a foreclosure action in court against you
for the unpaid
debt one year after the creation of the certificate of delinquency. However, some buyers
may be in no hurry to collect the debt, given the high interest rates charged, and may simply hold the
certificate as long as your equity in the property exceeds the
tax debt. The statute of limitations for the
certificate of delinquency is 10 years.
Rogue Tax Sale Investor
-
359
-
(
3
) Procedure for Sale of Current Year Delinq uent Taxes (Certificate of Delinquency) to Third
Parties
http://www.jeffersoncountyclerk.org/delinquent
-
tax
The following procedure is revised and effective
May 29, 2007
:
The Jefferson County Clerk’s Office (JCCO) receives the official list of current year delinquent taxes from
the Sheriff’s Office. The li
st is usually available by the third Monday in May of each year, and can be
accessed from our File Transfer Protocol (FTP) site
at
ftp://206.196.1.139
.
Internet Explorer Version 7
users: follow this link on how to
open
FTP sites in I.E.v7 (PDF):
http://www.jeffersoncountyclerk.org/voter
-
info/IE7ftpdownload.pdf
.
Once the list is available, you may review the current year delinque
nt taxes yo
u
wish to purchase.
When the delinquent tax bills become available for sale, JCCO will publish the sale
date on ou
rweb
site at
http://www.JeffersonCountyClerk.org
and in our local newspaper, The Courier
-
Journal. JCCO will accept your funds and submitted list of specific delinquent tax bills only on the
published sale date and thereafter.
Please be advised that the Kentucky Finance and Administration Cabinet (KFAC) has purchased certain
certificates of d
elinquency from the Jefferson County Sheriff, as r
equired by statute (KRS 134.450[1]
).
These certificates will not be included in the official list of current year (2006) delinquent taxes received
from the Sheriff's Office.
If you wish to purchase multip
le tax bills, you may go to the FTP site listed above and use the Bill Sale
Submission Template that is provided.
Select from the list below for further instructions:
x
Remittance of funds:
http://www.jeffersoncountyclerk.org/delinquent
-
tax/funds.asp
x
FTP instructions:
http://www.jeffersoncountyclerk.org/delinquent
-
tax/ftp_inst.asp
x
Open FTP sites usi
ng Internet Explorer v7(PDF)
:
http://www.jeffersoncountyclerk.org/voter
-
info/IE7ftpdownload.pdf
If you have any questions related to these procedures, please contact the m
anager of the Delinquent Tax
Department at (502) 574
-
5061.
KENTON COUNTY, KENTUCKY
http://www.kentoncounty.org
COUNTY SHERIFF
http://www.kentoncounty.org/county_officials/county_sheriff/index.html
Chuck Korzenborn
303 Court Street,
Suite 409
Covington
,KY
41011
Phone:
(859)
392
-
1800
Fax
:
(859)
431
-
8951
Email:
chuck.
korzenborn@kentoncounty.org
(1) Delinquent Property Tax
http://www.kentoncounty.org/county_officials/county_sheriff/delinquet_property_tax.html
The Sheriff's Tax Bill Sa
le was conducted on April 1,
2008
.
Due to the total amount of the offers, the bills
have been for
warded to the Finance Cabinet.
Any questions about how to redeem a bill sold to the State
should be directed to the Clerk's Off
ice at
859
-
392
-
1650
.
Rogue Tax Sale Investor
-
360
-
Louisiana
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes.
Over
-
the
-
Counter Tax Deed Sales:
No
.
Rating:
Four Stars (****)
Interest Rate:
12%
per annum
plus a 5% penalty per year, for a total
of 17% interes
t
(see Right
of Redemp
tion below)
.However,sincethe5%isapenalty,ifthelienisredeemedinamonthor
less, your effective annual interest rate could be over 60%.
Sale Period
:
O
norbeforethefirstdayofMayoftheyearfollowingtheyearinwhichthetaxes
were ass
essed, or as soon thereafter as possible
.
Right of Redemption
:
The original owner has up to three years from the date the deed is filed
in the Clerk of Court's Office to redeem the property.
Bidding Process:
The minimum bid is delinquent taxes, interest,
penalties, and costs. The
winning bidder receives a deed to the
property, subject to the three
-
year right of redemption
.
If
there is no minimum bid, the tax collector shall bi
dinthepropertyforthestate.However,i
f
property located in a municipality
with a population of more than
450,000
persons as of the most
recent federal decennial census fails to sell for the minimum required bid
at t
he tax sale, the
collector may offer the property for sale at a subsequent sale with no minimum required bid.
I
ft
he property is divisible and a portion of the property is sufficient to satisfy the amounts owed,
the collector must require bids to be for such lesser portion of the property.
State
-
Specific Information:
The Sheriff’s Office acts as the tax collector for
parishes.
Louisiana Parish
Links:
See
Louisiana
Tax Sales at
http://www.tax
-
lien
-
certificates.com
Detailed
Parish
-
Specific Information:
CADDO PARISH, LOUISIANA
http://www.caddo.org
SHERIFF’S OFFICE
http://www.caddosheriff.org
(1) Contact Information
http://www.caddosheriff.org/New_DeptPhoneList.htm
Sheriff Steve Prator
Caddo Parish Sheriff's Office
505 Travis Street
,
7th Floor
Shreveport, Louisiana 71101
Phone: (318) 681
-
0611
Fax:
(318) 681
-
0888
Email:
welcome@caddosheriff.org
Rogue Tax Sale Investor
-
361
-
Tax Department
P
hon
e:
(318) 681
-
0638
Fax: (
318) 681
-
1179
(2)
Frequently Asked Questions
http://www.caddosheriff.org/New_FrequentlyAskedQuestions.htm
Who do I call to get tax information?
For tax
information contact the Tax Department at (318) 681
-
0638. The Tax Department is located in the Caddo Parish Courthouse on the first floor. T
he courthouse is
located at 501
Texas Street.
Where is the tax sale held?
The tax sale is held in the basement of
the Caddo Parish Courthouse in
room G
-
18. To get to room G
-
18 take the elevators or stairs to the ground floor and then take a right. Go
to the end of the hallway and turn right. The door at the end of the hall is room G
-
18. Click here to find out
more inf
ormation about the tax sale.
TAX DIVISION
(within the Sheriff’s Office)
http://www.caddosheriff.org/new_tax.htm
Caddo Parish Courthouse
501 Texas Street Room 101
Shreveport
, LA
71101
Phone
: (318)
681
-
0638
Fax: (318) 681
-
1179
Email:
tax@caddosheriff.org
(1
) Frequently Asked Questions
http://www.caddosheriff.org/new_tax.htm
Who is responsible for
the collection of taxes?
In Caddo Parish, the Sheriff is not only concerned with
enforcing the law, but has the additional duty of Ex
-
officio Tax Collector and the responsibility of collecting
parish taxes. Any property which has an outstanding balance of
base tax, intere
st or other penalties or
costs
is subject to being sold at the annual Tax Sale.
What happens if I do not pay my taxe s?
Any delinquent account
that is, a
n account reflecting any
amount
of money due
may b
e sold at the annual Tax Sale. Y
our property will
be advertised in the
official
Parish Journal
and may be sold at the annual Tax Sale
,
which is usually in May. The
advertisement is usually published in April.
What is the Tax Sale?
The Tax Sale is held in Room G18 at the Caddo Parish Cou
rthouse, 501 Texas
Street, Shreveport
, Louisiana. On the first day of the tax s
ale, all the unsettled properties that appeared in
the newspaper advertising are read aloud. People in the room are considered tax buyers. These buyers
have pre
-
registered with
the Sheriff's Office. Tax buyer
registration begins before the tax s
ale. Anyone
can register up to the start of and during the sale.
After the reading of a property, buyers bid for a portion of ownership on the property. By law, the Sheriff
continues acce
pting bids until the lowest bid is received in the interest
of the actual property owner,
which
gives the buyer who bid that amount the right to purchase it.
What happens if a property is not sold at the Tax Sale?
Any unsold property is adjudicated to Cad
do
Parish. The Parish then becomes owner of the property.
What if my property is bought by a buyer and I want to get it back?
The original owner has up to
three years from the date the deed is filed in the Clerk of Court's Office to redeem the property.
A
redemption is calculated by the Tax Collector. The amount of redemption will include a redemption fee,
tax sale fee, interest due the tax buyer, the base taxes and monthly interest.
Rogue Tax Sale Investor
-
362
-
E AST BATON ROUGE PARISH, LOUISIANA
h
ttp://brgov.com
SHERIFF’S OFFICE
http://www.ebrso.org/ebrso.php/home
Sid J. Gautreaux, III,
Sheriff
300 North Boulevard
Baton Rouge, LA 70801
Phone: (225) 389
-
5000
TAX OFFICE
(within the Civil Offic
e of the Sheriff’s Office)
http://www.ebrso.org/ebrso.php/civil
Octave Anthaume, Tax Director
Phone: (225) 389
-
4810
Fax: (225) 389
-
8586
Email:
web_tax@ebrso
.org
Rogue Tax Sale Investor
-
363
-
Maine
Tax Lien Sales:
No
.
Tax Deed Sales:
Yes
.
Over
-
the
-
Counter Tax Deed Sales:
Yes
.
Rating:
Two Stars (**)
Interest Rate:
8percent,inararelyusedalternativemethodforconductingtaxs
ales that allows
for a two
-
year extended right of redemption
.
Sale Period
:
Varies
.
Redemption Period:
A
two
-
year
extended right of redemption
is allowed in a rarely used
alternative method for conducting tax sales.
Bidding Process:
Property is sold
to
the highest bidder,
as much
as is necessary to pay the
tax
es
due
.
If the bidding is for less than the whole, it shall be for a fractional part of the estate,
and the bidder who will pay the sum due for the least fractional part shall be the purchaser.
Sta
te
-
Specific Information:
The State of Maine
is comprised of
organized territory and
un
organized territory. In organized territory, municipalities collect their own taxes. Properties
that are foreclosed on are deeded to
the municipality, which
can then sell
the properties.
Maine
law allows alternative methods for foreclosure and property disposition.
Depending on the
municipality, the properties may be sold at a public auction, or sold by sealed bid; or a property
may be sold outright to an abutting property
owner, or sold back to the original property owner.
Title 36, Chapter 105: Cities and Towns, Article 2: Enforcement of Lien on Real Estate, section
941: Civil Action with Special Attachments; Procedures is the method used by almost all
municipalities in o
rganized territory. In these municipalities, the tax lien on a property
automatically forecloses in 18 months and the propert
yisdeededtothemunicipality,whichthen
may dispose of it by sale. One of the alternative methods, used rarely, allows for a tw
o
-
year
extended right of redemption following the tax sale, during which the investor can earn 8 percent
interest.
In unorganized territory, the Maine Revenue Services, Property Tax Division is responsible for
collecting taxes. Properties that are foreclo
sed on are deeded to the state, and the Unorganized
Territory section of the Property Tax Division conducts sales of these tax acquired properties by
sealed bid.
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