property sold for back taxes

I have a question about buying property for back taxes....

A friend of my wife has fallen into a financial abyss. They had a family business, located in a building. The biz basically fell on hard times, and was sold off. They kept the building and have been trying to sell it for the past couple of years. The husband recently died, and she is now left with all the financial issues.

One thing that has surfaced, is the building.... We don't know all the facts....

It might have a mortage, or a loan from their personal home to pay for it... Anyway, they have not paid the taxes for the past year - about $14k - It appears that someone else has picked up the taxes & paid them. She told my wife that if they don't pay their taxes in X amount of time, this other party will own the property for "back taxes".

Just wondering how this works - and again I don't know if there is a mortage and how that would blend into the equation for "getting the building".

It just doesn't seem right that a $600k building could be "sold" for back taxes.

tnx for the enlightenment and education :)

a reply from a CPA friend - here is how it works.

At some point when property taxes are not paid the county sells the property for "back taxes" The owner of the property has a certain length of time,I think two years to redeem the property from the purchaser by paying off the back taxes and the substantial penalty and interest for late payment.

If the taxes are not "redeemed" the title to the property goes to the person who has bought the taxes leins.

If there is a mortgage the mortgage holder should keep track of the tax leins so that they don't lose the property.

People are in the "business" of acquiring tax leins and hope they get redeemed because the interest rate is substantial. Here in AZ it is 16% of the taxes.

Reply to
ps56k
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In at least some places (towns in NY State that I know of), the tax lien is sold to the lowest (interest rate) bidder. If the owner doesn't pay within 2 years, the property is sold and the liens paid off with interest at the bid rate.

Seth

Reply to
Seth

wow - a whole new area that I never encountered....

How to lose a property - not because you didn't keep up the mortgage, but because you didn't pay the taxes......

What's weird, when I did a records search on the property, I didn't see any recent activity since about 2006.... and the taxes that were "sold" were the 2010 taxes.

I would have expected to find a tax lien recorded on the property, then some other release-type action transcribed for the property when the taxes were paid by the 3rd party....

SO - forget keeping up with the mortgage & foreclosure, you can lose everything within 2yrs of back taxes.

interesting....

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weird and scary -

Reply to
ps56k

It's called tax lien investing. I saw an ad about it on late night TV once.

Vulture capitalism? I wonder if the city has an option for you to set up an installment plan for less interest than what the person who acquired the tax lien would charge. Also, I'm sure that there is a provision in the local law that if you are not notified properly then the tax lien is invalid. Lots of foreclosures are considered invalid because of robosigning, so it means there is a tedious procedure to follow to make sure foreclosures and liens are done right.

Anyway, here's a tax question. Suppose you pay off the property tax plus exorbitant interest. The tax and interest is paid to the person who has the lien, not to the government. So is what you pay deductible? And if so, all of it or just the property tax principal? Can the person who pay the original property tax due in order to acquire the lien deduct the property tax? I think the answers are: owner can just deduct the property tax not the interest which is a form of penalty, tax lien holder cannot deduct property tax as they don't own the property unless they are a corporation.

Reply to
removeps-groups

exorbitant interest. The tax and interest is paid to the

And if so, all of it or just the property tax

acquire the lien deduct the property tax? I think the

form of penalty, tax lien holder cannot deduct property

I disagree with the latter. The tax lien holder didn't pay any taxes, he purchased an asset (the tax lien). That provides his basis when the asset is sold.

Seth

Reply to
Seth

Well, once you accept the concept of property taxes, you need an enforcement mechanism.

Don't be so sure. Remember, the lien is created *by* the city/town (not by the investor) and one part of government scratches the other part's back. The tax lien rules are generally governed by state law.

I wouldn't be surprised if the lien is actually *permanently* on the property, In MA when you sell property you have to get a "municipal lien certificate" where the town certifies you aren't delinquent. The certicate gets recorded along with the deed, mortgage, etc.

Again in MA, I'm pretty sure all a town has to do to force a delinquency sale is to wait for the statutory delinquency period (matter of months) to pass and then just publish a notice a few times in the local weekly (not even in a major paper) stating when the sale will occur. I don't know if the rules are different when an investor buys the tax lien and goes to force a sale.

Reply to
Rich Carreiro

yeah - I was curious about that, and looked up the property on the County Clerk website. interesting....

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can see all the activity back to 1997 - but nothing past 2006....So, the current tax "lien" is not recorded as such with the County Clerk.Therefore, not sure how I would even know about this doing the usual searches.... Again - I'm not involved - just trying to learn what has happened to this friend of my wifes...

Reply to
ps56k

Different from state to state. In Florida, my usual searches included a stop at the county tax collector's office - the only place to identify delinquent property taxes, tax certificates, and pending tax deed sales.

Reply to
paultry

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