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Roberta Williams

Tax Liens and Foreclosures, a little knowledge is dangerously confusing

By: Roberta Williams
Thursday, December 27, 2007 9:21 AM

 Let me preface this by saying, I have not bought a lien yet or a foreclosure, I have gone through the motions (after making peace with myself that it can be done ethically, a topic worth a separate post). I have talked to people at city hall who have, to instuctors, but I find the whole process daunting.

After taking several courses on tax liens (Illiinois is a lien state), I came away with the knowledge that successfully purchasing a tax lien (meaning the owner did not heed further notifications to pay)-any outstanding mortgage the owner has, is forgiven by the bank, and not assumed by the owner who purchased the property with the tax lien. A lot of people don't know this, and refuse to believe it. Tax liens take precedence over mortgages.

The problem I found is researching liens that are not forgiven, like environmental liens-and also assuring that the property you plan to purchase really exists-only by actually going to city hall to look up records and driving to the property and seeing it can you be sure, that part is easy. Tedious, but important.

Now here is my burning question, why take the risk to buy a foreclosed property? When you go to a foreclosure auction, you do not know if the tax lien was purchased unless you hve researched the property before hand. So if you buy a foreclosed property and thereby agree to pay the bank-you have just made the bank happy, but will not own the property if the tax lien was purchased (got this from a foreclosure class that takes you to auctions and shows you how to research at city hall).

So, my concluson is tax liens is a cleaner way to purchase property. However, the research involved in finding a property is huge-I would only buy over-the-counter after researching-not at a tax sale auction since Chicago has a bid-down procedure.

I know states vary-but I also know that many of you have more real life experience here, not from classes. My husband teases that I need a PhD before I try something...  Interested in your feedback!

 

 

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Comments

Cindy Hartman
Member Since '05

Cindy Hartman said:

Thanks Roberta - this is a great reminder to me that I need to do a lot more research in this area.  

December 27, 2007 3:29 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

GREAT topic! OK, let's see if it's too late for me to make sense! :)

I've purchased tax liens before . . . the process in AZ is online and very fun.

Taxes are always in first position so be prepared to redeem plus interest if you buy a foreclosure and someone picked up the tax lien.

YMMV, but I've found that calling the assessor's office or even going online on the assessor's site will get you the info on who owns the lien and where they are in terms of their redemption period.

There still is a quiet title process to go thru if the owner doesn't redeem the liened property . . . so if you own a foreclosure and someone owns the tax lien, you redeem it and they get their money plus the interest. Which is usually what they want.

That's one of the draws of buying tax liens -- where else can you get up to 16% return in 3 years?  

December 27, 2007 9:58 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

http://www.appraisercentral.com/TaxLiens.pdf

Roberta, here's some good info on the bidding, purchase, redemption, foreclosure and quiet title processes!

I don't know if it is this way in all states, but February is our tax lien auction month, so the info and your post are perfectly timed!

December 28, 2007 11:08 AM
Roberta  Williams
Member Since '06

Roberta Williams said:

Thank you Cindy and Candice-I really appreciate it, especially the website. If anyone else cares to comment, please do. I am going out of the country tomorrow-will be back on Jan 4-but I will be sure to read it. Happy New Year!

December 28, 2007 4:51 PM

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Roberta Williams
Keller Williams Realty Gold Coast

Roberta  Williams
Member Since '06

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