Tax Lien Investing Lesson 2: Where to Invest

Before deciding where to invest, it may surprise you that tax lien investing includes three different types of investing: (1) tax lien certificates, (2) tax deeds, and (3) tax deeds with right of redemption. 

Tax lien certificates or tax liens are debts on real estate.  In many states if you fail to pay your property taxes within the state-mandated period, the county or municipality will place a lien on your property.  The lien bears an interest rate or penalty that investors can purchase.  The property owner must pay the taxes owed plus interest and penalties to remove the lien; otherwise, the next step is foreclosure and loss of the property.

In other states, the property owner is given a longer grace period, but eventually the county places a lien and forecloses on the lien, then sells the deed (ownership to the property) at auction.  An auction is held, just like a mortgage foreclosure auction, and an investor can purchase the property, often for only the taxes owed, but remember it is an auction so you may be bidding against others. 

Finally, a hybrid method exists where the county forecloses on the property, sells the deeds at auction, but allows the property owner one last chance to buy it back or redeem.  Usually there is a hefty penalty for buying it back.  For example, in Texas the penalty is 25% within 6 months.

With that brief explanation, please look through this summary of tax lien states and compare interest rates with redemption periods, and then factor in where you live and if the state has online (i.e., Internet) auctions or over-the-counter (OTC) tax liens.  OTC tax liens and deeds are purchased after the sale.  The redemption period is the time that property owners have to pay back their taxes.

Tax Lien Certificate States

State

Interest Rate

Redemption Period

OTC or Online

Notes

Alabama

12%

3 years

OTC

Auctions are held in April, May, or June. Bid down the interest rate in 1% increments.

Arizona

16%

3 years

OTC Online

Online auctions are held in February. Unsold liens are for sale OTC. Tax deed sales are also held.  Interest rates are bid down at auctions or online.

Colorado

9% plus federal discount rate – currently 4% = 13%

3 years

OTC
Online

Auctions (some online) 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.  Premiums on bids are not refundable, nor do they earn interest.

Florida

18%

2 years

OTC
Online

Online and courthouse 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.  Bidding can proceed downward to as low as 1/4% and the bidder still receives a minimum of 5% interest.  Florida also has tax deed sales.

Illinois

18% flat or penalty every 6 months; farmland, 12% every 6 months.

2 – 2 ½ years, depending upon the property classification

 

Two types of sales are held: annual tax lien sales for recently delinquent properties (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.  Interest rates are considered penalties.

Indiana

Flat 10% on minimum bid (6 months). Flat 15% on minimum bid (6 to 12 months). Overbid amount is 10% per annum.

1 year for “A” and “B” properties; 120 days for “C” properties

Online

Auctions (some online) are usually held from August through October.  If the owner does not redeem the tax lien certificate, you must apply for a tax deed within 6 months after the redemption period expires or forfeit your money.  Counties can also hold tax deed sales, referred to as surplus auctions.

Iowa

24%

21 months

 

Auctions occur on the third Monday in June.  By state law, counties can allow bidders to bid on the percentage of the property they will own, making foreclosure more difficult.  The bidding process is commonly done by random round robin.

Kentucky

12%

1 year

 

Kentucky parishes do not emphasize their tax certificate sales, and it is difficult to find information on the Internet.

Maryland

6% to 24%, depending upon the county or city

6 months, if the right of redemption has not been barred by foreclosure

 

Auctions are usually held in May or June. Local variations to the tax lien process can be tricky.  The high-bid premium is refundable without interest upon redemption of the tax lien certificate.

Mississippi

18%

2 years

 

Bidders can overbid the minimum bid set, but the overbid is not reimbursed upon redemption, and no interest is earned on it.

Missouri

10% on the minimum bid; no interest on the overbid.  Subsequent taxes – 8%.

1 year for 1st or 2nd offerings; 90 days for 3rd offering; 4th offerings are deeds

 

Auctions in every county are held on the fourth Monday in August.  Bidders bid up the taxes but only receive interest on the amount owed.  Must be a Missouri resident or obtain a notarized affidavit.   First class charter counties may conduct tax deed sales instead of tax lien sales.

Montana

10%

2 to 3 years, depending upon the property type

 

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

 

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

 

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

 

Sale rules are complex, with sales being conducted by municipalities.  Once the interest rate goes to 0%, bidding begins on the property taxes owed.  The highest “premium” bidder wins.  Tax deed sales are also conducted.

New York

10 to 24%, depending upon the county or municipality

Minimum of 2 years

 

Process varies between governing bodies. Governing bodies may hold tax lien and/or tax deed sales.  Most counties hold tax deed sales.  Tax lien sales—such as New York City—may be closed to the public.

Ohio

18%

1 to 3 years

 

Tax lien sales are only held in counties with a population greater than 200,000. Only institutional investors are allowed to participate in the sales. Tax deed sales are held in all other counties.

South Carolina

12% unless alternative method, then 8% penalty first year plus 4% second year.

1 year unless alternative method of taxation; then 18 months

 

The winning bidder must pay by the end of the sale day.  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

 

Municipalities (cities) handle tax collection.  Unless otherwise noted, the first constable is automatically the tax collector.

Washington D.C.

18%

6 months

 

Auctions are held the third Tuesday in July.  Bidding begins at the amount of delinquent taxes – the winning bid is the highest bid.  There is no interest on the overbid.  Tax deed sales are called bid off sales.

West Virginia

12%

17 months

 

Properties left over from the lien sale are certified to the State; if not redeemed, they are sold at “second sales.”  Buyers at second sales receive a deed within 90 to 120 days, during which time it can be redeemed.

Wyoming

3% minimum penalty fee plus 15% per year for the first year; 18% per year for subsequent years.

4 years

 

Wyoming law prescribes a strict procedure that must be followed to properly apply to the Treasurer’s Office for a tax deed.  It is the burden of the certificate holder to make sure all the steps are followed properly.

 

 

Tax Deed States

State

Comments

Alaska

Details and times vary based on borough rules.

California

Online sales available; allowed by law to sell liens but have not done so.  One-year legal challenge period.

Idaho

Financing may be available through the county.

Kansas

Held at various times.

Maine

In certain rare cases, a right of redemption of 8% exists. Bidding is in fractional parts of land.

Massachusetts

Allowed by law to sell liens.

Michigan

Refer to the tax reversion process listed on Michigan.gov.

Minnesota

Refer to the Conservation/Nonconservation list.
http://www.dnr.state.mn.us/lands_minerals/landsale/

New Hampshire

Sales handled through municipalities.

New Mexico

Mortgage may not be eliminated.

North Carolina

Property tax foreclosure sales.  Upset bids are allowed 10 days after the sale, resulting in another bidder paying more to obtain the property.

North Dakota

Sales held on third Tuesday in November.  Not many properties available.

Oklahoma

Tax deed sales occur on the second Monday in June.

Oregon

Called Sheriff’s sales of surplus county-owned property.

Pennsylvania

Complicated system: four types of sales; mortgage not removed in two of four sales.

Utah

Complicated bidding on portion of land.  Winning bidder may only own a small fraction of the land.

Virginia

Sporadic sales authorized by the Court on properties with two or more years of taxes owed.

Washington

Refer to Tax Title Properties.

Wisconsin

Minimum bid starts at the appraised value.


Tax Deed States with a Right of Redemption

State

Interest Rate

Redemption Period

Notes

Arkansas

0%

30 days

The State Land Commissioner (cosl.org) handles all tax sale auctions.  Mail-in bids are accepted if received 7 days before the sale.

Connecticut

18%

6 months

Municipalities handle the sales: bidding requirements vary.  Some municipalities may only offer deeds in bulk purchases.

Delaware

15% to 20%.

60 days or 1 year.

There are only three counties.

Georgia

20% flat rate first year; 10% after the first year.

1 year

If redemption doesn’t occur, you must be prepared to pay subsequent taxes and foreclose.  Auctions occur on the first Tuesday of each month.

Hawaii

12%

1 year

Hawaii only has five counties. In Kalawao County, tax sales are handled by the State.

Louisiana

12% plus 5% penalty, total 17%

3 years from the date the deed is filed

The Sheriff acts as the tax collector for parishes.  Buyers may bid for a portion of ownership.

Rhode Island

10% first six months + 1%/month

1 year

After one year, the investor automatically is responsible for the property, even before foreclosure.

Tennessee

10%

1 year

Tax sales must be confirmed by the court.

Texas

25%/6 months. 50%/2 yrs.

6 months or 2 years for agricultural properties and homesteads.

Tax deed sales are held on the first Tuesday of the month.

I hope you enjoyed this lesson.  Stayed tuned for more.

Happy Investing,

Gus and Mike
Authors/Investors | https://taxforeclosuresales.com/training/

Lesson 3

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