California Tax Lien On A Tax Deed Sale Property
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what happens to the state tax lien (in this case, california) attached to a property sold at tax deed sale? If you purchase the property with state tax lien, are you obligated to pay it off after you the tax sale? I was reading the Q & A that under California tax code, tax lien will still encumber/attach to the title if the taxing agent does not consent to the tax deed sale. However, if a property is auctioned at a California county, it must have been approved by the board of superviser at the county, and essentially approved by the State of California. If State of california approved the sale of this property at tax deed sale, the state tax lien should not be attached to the property anymore???
I am not clear as what happen to the California tax lien that is attached to the property after tax deed sale?
Does anyone have experience with this problem?
they are no extinguish.
supposed this is explained in State Rev and tax code section 3712
This from the LA tax sale bible.
Yes, I have the book by Joe Kaiser that explains how to do it.
Lynn (FL)
Quote:
On 2009-03-17 22:56, lhenley wrote:
Yes, I have the book by Joe Kaiser that explains how to do it.
Lynn (FL)
Which book is it? Do you think this is a solid investment option given what others habe brought up?
Thanks
Wow, thats smart? threaten and bill the homeowner $1500, for a $1000 bill he wouldnt pay in the first place. Good luck...
As previous posters have mentioned, a homeowner has the right to force a court case on the contractor who placed the lien. So the contractor who sold you the lien could easily find himself in court also...
Hello Imnes, I am also a tax deed investor in Florida. The other gentlemans reply pretty much summed it up. But to answer your other question, you have 3 options after the sale.....do the quiet title suit (which is what the pros have said is the professional way of doing this) or get the previous owner to sign a Quit claim deed or you can find a buyer and sell it to them via Quit claim deed and just sell it under market value, as the new owner would have the expense of doing the quite title suit.
How has your tax deed investing been going so far? is this your first property?
[addsig]
Hey everyone I am really new to the Tax Deed Investing.
I live in Florida and wanted to start invest in my backyard. Is there any website in florida that gives you the ability to bid on the tax deeds?
Tax deeds require appearance at the public sale. Tax liens, on the other hand, can be bought online in many Florida counties, as I have done.
In quiet title actions government liens often cannot be quieted unless there was a surplus that would cover the liens.
I have done my last few quiet title actions pro se (representing self) and I was surprised by how easy it was. Saves me a bundle. And in most of the cases I got QC deeds from prior owners or they just did not respond to summons and I got default judgements.
For the person who asked, in Florida you cannot automatically get the property just because you have the tax cert. If you have the cert after 2 years you apply for the property to be sold. You have to pay off all outstanding certificates and any other delinquent taxes. The property is advertised and sold. If no one buys it goes on a list for 90 days. During that time the county can aquire the property if they want it. After 90 days it goes to the holder of the certs. If they do not want it (which usually they do) it goes on the list of "Land Available"
I am about to purchase my 1st tax deed in palm beach county. I think I may be just a bit confused about the process. I think Im missing a step. I have done all of the research as far as liens, mortgages,ect and it looks clear. I am having the title search done now and the sale is on the 19th of Sept. Once I get the deed, can I the same day have my attorney file for a quit title?
would love any imput, as I am in Arizona and will be traveling to West Palm next month to attend the sale.
My question is which certificate holder is able to apply for the property to be sold?
Is it first come first serve or ?? What if more than one want it?
How does this work?
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linlin says:
For the person who asked, in Florida you cannot automatically get the property just because you have the tax cert. If you have the cert after 2 years you apply for the property to be sold. You have to pay off all outstanding certificates and any other delinquent taxes. The property is advertised and sold. If no one buys it goes on a list for 90 days. During that time the county can aquire the property if they want it. After 90 days it goes to the holder of the certs. If they do not want it (which usually they do) it goes on the list of "Land Available"
Congratulations !
What happens if the wife or someone else has paid off everything? Do you get back the attorney fees?
Are they and all the court expenses added to the quiet title case to protect your expenses?
FLORIDA is different. read up.
Some jurisdictions allow a "redemption period", whereby the former owner has a specified amount of time to reclaim the property by repaying the amount bid at auction plus a penalty. For example, Texas allows a 6-month period in most cases, with a flat 25% penalty to be added to the amount paid at sale, while Tennessee allows a full year, with a 10% penalty. As such, purchasers of properties at tax deed sales are cautioned not to make major improvements on the property until after the redemption period has expired.
Other jurisdictions do not allow a redemption period after sale (for example, Florida). However in Florida, the prior owner can still redeem the property by paying the delinquent taxes after the Tax Deed sale. In Florida this must be done before the Clerk of the Court signs the Tax Deed over to the new owner. The Clerk of Court signs the Tax Deed and records it in the public records under the name of the highest bidder once that bidder makes their final payment. The prior owner can still attempt to challenge the validity of the tax sale, for example by claiming that proper notice was not given.
AND the tax deed sale I am attending.. They sign the deed to your name THAT SAME DAY. Its not 6 months for FLORIDA. All states are different.