COURTHOUSE RESEARCH - A SIMPLE PRIMER.
TAX DEED AUCTION SALES
Now, here are a few simple tips on doing research at the courthouse. I see a lot of questions in my chatroom and other chatrooms regarding this subject.
First, when you need to visit the courthouse to do your research you need a plan. The following is a procedure that has worked well for me over the years.
When I receive a notice of a tax sale whether it is a copy of the newspaper, a list of the properties furnished by the Treasurer or Tax collector, a list furnished by the attorney handling the legal work or from a download off the internet, I do some preliminary work at home.
I first take the list and number the items coming up for sale in numerical order starting with the number 1 and on through to the end of the last item on the list.
My first stop when arriving in the county where the sale is to be held is the county courthouse.
My first stop in the courthouse is the office of the county official responsible for the sale. What I need here is a list of all properties which have been redeemed up to this point in time. This saves me a lot of work.
OBTAINING PLAT MAPS
The next step is to obtain plat maps so that I can physically locate and inspect all properties. These plat maps are absolutely necessary when getting ready to check out property coming up for public auction. They can normally be found in more than one of the courthouse offices. Generally speaking all plat maps have to be recorded in the office of the County Recorder, County Auditor, Office of the County Appraiser, or County Clerk. Sometimes they are found in all of these offices. How do I know which plat maps I need?
THE NEWSPAPER ADVERTISEMENT OR LIST FURNISHED BY THE ATTORNEY OR TAX COLLECTOR.
This is work that I can also accomplish before leaving home. This list will always have a legal description of the property being offered for sale. I scan through the list and make a list of all the properties that are located either in a city, which has ADDITIONS, or in the County, which has SUBDIVISIONS. I write down the names of these Additions or Subdivisions. I then go to one of the offices listed above and obtain a photocopy of each map that I need to help me locate the properties.
I also obtain what is commonly referred to as a county "grid" map. This is a map of the entire county that shows the Township and Range Numbers. Each of the plat maps will have a Township Number, Range Number, or in the case of additions to a city, the name of the city. By the use of the county GRID map, I can find the approximate location of all cities and Subdivisions in the county. I use these maps to organize a route so that I will not have to back track very many times to find each of the properties. The way I do it is to take a copy of the newspaper advertisement and number each item coming up for auction in ascending numerical order starting with the number "1". When I locate that property on the plat map I place that number along side the lot number or the approximate location on the county map. I do this for the entire list of properties scheduled to be sold so that I will not miss something good. I check out EVERY property on the list.
AFTER INSPECTING THE PROPERTIES WITH A DRIVE BY AND PERHAPS TAKING PHOTOS WITH MY DIGITAL CAMERA, IT IS TIME TO RETURN TO THE COURTHOUSE.
Here is where the real work begins.
THE TAX ASSESSMENT ROLLS
I use the owner's name or the parcel I. D. number to check the tax assessment rolls to determine the value of the land and the value of the improvements. I jot down these values on my tax sale list beside each property description. Also, I jot down the address of the owner if it is different from the property (situs) address. I may need to contact the owner before or after the sale. . If there is time before the sale, I may want to try to buy it from him/her prior to the sale for pennies on the dollar.
You can also check the Assessment Roll to see if the property owner owns other properties in the county.
THE COUNTY RECORDER'S OFFICE
You can trace the history of any property in the county back to the time that the State became a part of the United States if you want to spend a little time. Generally, speaking, at this point in time you have narrowed your list of possible buys down to a precious few. The Grantor or "Direct" Index books refer to the Seller or the Mortgagor. The Grantee or "INDIRECT" index refers to the party receiving a deed or other instrument relating to the property.
I start with the name of the owner listed on the list of properties for sale and go to the Grantee Index. I look up the book and page number whereby he obtained title. If I want to check if there is a mortgage or other liens attaching to the property, I then flip over to the Grantor index and look up the present owner's name. If he has signed a mortgage, after he became the record owner, that mortgage will show up here in this index. The book and page number where it is recorded will indicate a place to view the actual document. I can switch back and forth in these two books and make certain that all mortgages and liens have been released, if I think that is necessary. It normally is not necessary in the case of judicial foreclosure sales where the sale is the result of a court order obtained after all parties of interest have been served (or service has been attempted). When the tax lien certificate sales or the tax forfeited land auctions are "ministerial" in nature it is a good idea to check these records carefully. County Treasurers, Tax Collectors, County Auditors, and others responsible for conducting these sales are not usually practicing attorneys and the procedure is not always handled in a proper legal manner. You need to make certain that all parties of record have been properly served. You can even ask the county officer whose responsibility is to conduct the sale to show you the record of who was served in each case. Check the certified letters and the returns received, not deliverable or refused. In the case of ministerial tax sales it may be wise to do a quit title action to confirm fee simple title in your name.
IRS AND OTHER LIENS AND JUDGMENTS AGAINST THE DELINQUENT OWNER CAN EASILY BE LOCATED.
This is a concern of many investors in Tax Lien Certificates and in those attending public auctions of tax forfeited real estate. It is easy to check. These liens are normally recorded in the office of the county recorder or county clerk. All you have to do is ask to see their lien book. Just ask the clerk where IRS liens are filed. This lien book is in alphabetical order by last name. By the time I get ready to check here, my list has really been narrowed down. It is very easy to run several dozen names through this list.
CLERK OF THE COURT - CIVIL
In the case of judicial foreclosure sales each case will have a Case File number. You can ask the clerk of the court to show you each of these files. There is a lot of valuable information in each file. You can verify upon whom service of process was obtained and who was not served or could not be found. You will see a legal description, the names and addresses of the party(ies) whose taxes are being foreclosed along with other valuable information. In many cases documents in this file will even give you an adjudged or appraised value of the property.
CITY CLERKS
City clerks are an invaluable source of information. In the smaller communities, if you mention the name of the owner or location of the property you may learn a whole lot about what is going on with respect to that particular property. This clerk will also have plat maps of the city and the various additions in the city. You can also learn about utilities, their availability, costs, and other information regarding the community. They love to talk and they are very helpful.
BEFORE YOU LEAVE TOWN:
I always visit the Chamber of Commerce and pick up all the literature that I can. If I have purchased some properties at the sale (This is the case 95% of the time), there is a lot of valuable information in this office that will help me do a brochure on the property. They normally have city maps and sometimes they may have county maps. You can learn about industries, employment, housing, pick up literature about properties for sale, information on local realtors, and a host of other valuable information. You can obtain a list of local news media in which you might want to advertise your newly acquired real estate For Sale.
This is not all you need to know to research properties in any county but it will give you a quick start. You will learn by doing.
TAX LIEN CERTIFICATE SALES
There are currently 31 states that offer you the opportunity to invest in what are know as tax lien certificates.
WHAT ARE TAX LIEN CERTIFICATES?
A tax lien certificate is nothing more than an evidence of a lien. The purchaser of a tax certificate at a public sale of such certificates is purchasing the lien of the county or other taxing jurisdiction. The purchaser of a tax certificate hopes to receive a high yield on his money when the certificate is redeemed. In the event the owner of the property does not redeem the holder of the tax certificate is entitled to go through whatever legal procedure is established by statute to receive a deed to the property.
In states having tax certificate sales, those sales are usually held on the same date each year. However, in most states you can invest in tax lien certificates at any time you want because they are assignable. All you need to do is ask the tax collector for a list of tax lien certificates held by the county which are assignable. There is a form letter in each of our state manuals for this purpose.
A tax lien is superior to all other liens.
Interest rates and penalty vary from state to state but the yields can b e astronomical. Here are some examples of the yields you achieve investing in government issued tax lien certificates.
ILLINOIS The successful bidder at a tax certificate sale is the person willing to accept the certificate with the lowest PENALTY PERCENTAGE. The maximum penalty on non-farmland is 18% and on farmland is 12%. This is a PENALTY - NOT INTEREST. The penalty applies to each six-month period or fraction thereof prior to redemption making the annualized yield on a bid of 18% a minimum of 36%.
GEORGIA - 20% Penalty - One Year Redemption.
INDIANIA (1) One hundred ten present (110%) of the purchase price stated in the certificate of sale if the property is redeemed not more than six (6) months after the date of sale; (2) One hundred fifteen percent (115%) of the purchase price stated in the certificate of sale if the property is redeemed more than six (6) months but not more than one (l) year after the date of sale; or (3) One hundred twenty-five percent (125%) of the purchase price stated in the certificate of sale if the property is redeemed more than one year after the date of sale.
IOWA 2% per month - Redemption period is 3 years.
FLORIDA - Florida has 65 counties. 18% per annum. Bidders can bid lower than 18% at the auction sales.
MARYLAND - The interest rate can vary from county to county and year to year as the county commissioners set the rate. Baltimore City is currently paying 20%.
Mississippi 5% Penalty of the total amount paid plus 1-1/2% interest per month until redeemed. The owner of record has two years in which to redeem
Colorado - The holder of a tax sale certificate receives a rate of interest calculated at nine (9%) above the prime rate, the prime rate being the rate a commercial bank must pay to the Federal Reserve Bank of Kansas City.
Arizona - 16% - Three or Five years redemption periods.
Rhode Island - 10% penalty if redeemed anytime during first six months plus 1% for each month thereafter One-year redemption period.
Washington D. C. - Tax Sales Certificates are first sold in the District of Columbia. The purchaser of a tax certificate receives 1% per month interest on his investment provided he does not bid in excess of the total amount of taxes and costs due. Wyoming - 18% - 4-year redemption. Montana - 5/6TH of 1% per month interest up to the time of redemption PLUS A TWO- PERCENT PENALTY, 3-year redemption period. Missouri - 10% - 2 Year Redemption period. Ohio - 18% (Only for counties with 200,000 up population). Oklahoma - 8% - 2 Year redemption Period. Puerto Rico - 20% penalty regardless of when redeemed. One-year redemption period. Minnesota - 12% - 3-year redemption period. South Dakota - 12% - 3 Year redemption period. West Virginia - 12% - 18 Months redemption period. Kentucky - 12% - One year redemption. Nebraska - 14% - 3-year redemption.New Hampshire 18% - 2 Year redemption.Delaware - 15% Penalty - One year redemption.Vermont - 12% - One year redemption period.New Jersey - 18% - Two year redemption.Alabama - 12% 3-year redemption period.U. S. Virgin Islands - 12% - One-year redemption.
BIDDING PROCEDURE
In most cases there is no real bidding in the normal sense of the word "bidding" at most tax certificate sales as the purchasers are investing their money for the high rate of interest they hope to earn. Some states do have a bidding procedure of sorts where the person offering to purchase the certificate for the lowest rate of interest is awarded the certificate. Others have what is referred to as premium bidding where the person or firm offering the most money receives the certificate (Examples are Washington. D. C. and Indiana). Other states will award the tax lien certificate to the person offering to accept the lowest rate of interest (States such as Florida and Arizona). Other states offer the certificate to the party willing to accept the smallest percentage of interest in the property (An example is the State of Iowa). Taxing jurisdictions have varying rules as to who is awarded the certificate when more than one party is interested in the same certificate. This is one of the reasons that you need a manual for each state in which you plan to invest, as the rules are not the same in every state.
You should always do some research before investing in any tax lien certificate. You also need to set your goals and understand your motivation. Do you want to invest in certificates that will most likely be redeemed so that you will receive your high rate of return; or, would you rather end up with the property?
Here is what I do and it works well for me.
I obtain a list of the delinquent property owners (their names, address, assessed values, etc) from the tax collector as many months prior to the tax sale as possible. My motivation is to acquire the property rather than to receive a high yield. I would rather make 500% to 1000% than 16%, 18%, 25% or even as high as 36% as can happen in the state of Illinois.
I then prepare a mailing list of several hundred delinquent property owners whose property has a Fair Market Value of $10,000 or more according to the tax assessment rolls.
I write each of these delinquent property owners a letter. That letter is included in each of the state manuals. I simple state that the public records indicate their property is delinquent for non-payment of taxes. I ask them to respond to my offer of a "token" payment ($25.00 to $100 for a quitclaim deed to the property if they have no intention of redeeming. What happens?
I will have a small percentage actually agree to sell me the property for the token payment. I send those a quit-deed form along with a money order for the amount agreed upon.
I will receive back many letters from the post office as UNDELIVERABLES. I put those letters in one pile (database file).
In many cases I will not receive any reply. The information on those go into another pile (a different database).
What do these three different files tell me?
The undeliverable pile indicates to me that the tax lien certificate will not be redeemed. It indicates to me that if I invest in that tax lien certificate that I will likely end up with the property. I already know the value of the property from the assessment roll. If I decide to invest in that particular property, I would then do a drive by inspection just make sure I would like to own it. I then attend the auction and bid on those properties that I think will never be redeemed.
If I were interested only in receiving a high rate of return on my investment then I would invest in those certificates from the delinquent property owners who did not reply. I would also invest only in occupied single-family residences. The changes of redemption are extremely high.
I few hours of research can result in some very high yields or very high profits. KNOWLEDGE IS TRULY POWR in this situation. You will probably be more knowledgeable than anyone else at the tax sale.
HERE IS WHAT YOU GET WHEN YOU ORDER
1. Ten proven and tested profit making formulas and techniques.
2. Pertinent statutes relating to the collection of delinquent taxes and the sale of property for non-payment of taxes.
3. Form letters for your use in contacting the proper public officials.
4. 4. Form letters for contacting delinquent property owners prior to the sale and buying the property for a token payment.
5. 5. List of public officials to contact. This list can be imported into your favorite database and used to mail merge letters to the proper public officials.
6. 6. Public record statutes.
7. Complete text of most statutes relating to taxsales.
We invite you to return again and again to our web sites. Each site contains a gold mine of information that may be difficult to absorb in one visit. There are also many helpful links to sites that can help you make a success in this business.
http://www.taxsales.com http://www.taxresearch.com http://www.taxforfeited.com http://www.trustsnow.com
Many of our customers, after obtaining just one state manual, and learning how valuable the information in that manual is, are reaching out for opportunities in other states. Some, like me, are beginning to explore this exciting business in all of the sates.
If you ordered only one manual when you placed an order, we will allow you to up-date to the Beginner's Special at anytime within the next thirty days for only $50.00 This means you would receive two additional manuals for only $50.00, plus you receive our trust manual for FREE (An additional $50.00 value).
If you ordered the Beginner's Special (3 state manuals plus the trust manual) we will allow you to up-grade to the Intermediate Special (7 state manuals plus the trust manual) for an additional $22.00. This means you would receive 4 manuals for only $22.00 additional.
If you ordered the Intermediate Special ($97.00 for 7 state manuals plus the trust manual) we will allow you o upgrade to the Super Special (All 54 manuals) for an additional fee of only $100.00 This means you would receive 48 manuals for only $100.00. This represents an investment of only $6.15 for each additional manual.
We strongly urge you to start using the sample form letters in the manuals to start getting on mailing lists to receive notices of upcoming tax sales and to acquire lists of tax delinquent properties prior to the tax sale.
One of the most profitable and least expensive ways of getting started in this highly profitable business is to utilize the letters for contacting delinquent property owners who do not intend to redeem (or cannot redeem their property). You can acquire many such properties for a token payment of $25, $50, or $100.
TO UP GRADE JUST EMAIL ME AT roys@wt.net. Mention Upgrade. Tell me the manuals you want. If I have your credit card number and you can use that to order.
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