Real Estate Investor · Tampa, FL · Member since 2009 · 9 posts · 0 votes
Hi short Salers or RealEstate investors
I have a situation where i have two propertys that have a lien form the local city or county.
I have managed to get the liens reduced alot. I just got off the with the rep and i ask can they do some sort a partial realse and get paid at closing she stated she wants me to fax a request over and she would have her boss see if it possible she stated she doesnt think the do that.
Normally City or County liens are for taxes overdue. These properties end up in an delinquent tax sale if those taxes are not paid up.
If they have already been through a tax sale and no one bid on them then these taxes may be foregone somewhat by the county or city to get the property back on the tax roles but they must abide by the State/County/City charters. As it is a matter of law, you should consult a tax attorney in this area.
The tax attorney for the county may give you some information, but not about the specific case as he might be called upon to defend the county/city. So I would try a neighboring county and go talk to their tax attroney.
If you are attempting a short sale, this property could be sold out from under you as that city/county lien will be considered in the first position. It might be a better tactic to allow the property to be sold at that auction and buy it yourself (if you dont already own it). You may find that you get it for less than any deal you are making right now, except that you have to wait for the reclaimation period so short sale may be out.
Since taxes go with the property, it is usually stipulated in any sales contract who is to pay which years taxes. And that will be honored by the county. But if they do not pay what they are supposed to pay, you as owner, will have to pay it in order to keep the property from being sold.
DO keep trying what you are because if it does work then great. But be prepared to have to pay the full amount, if you want the deal.