I'm witness to a recent tax sale withdrawal on ************** that doesn't seem right. Usually I see all withdrawals happen the day before auction(last day for redemption).
For this particular lot sale which was offered at a lower starting bid second time same year for 18k (because someone who bid $54k for a 27k tax default amount apparenty did not pay up), the withdrawal happened the 3rd (last) day of auction.
I called county and I was informed by Asst. Tax Collector that it was withdrawn because:
- a lien holder on the property bought some sort of legal action to stop the sale and paid taxes while auction was in progress
- county did not identify the lien holder during notice period. I highly doubt it because I got prelim title report from local title company(for free) and the only lien on it other than tax lien was a deed of trust. Seemed hard to miss.
Can county tax office legally let people pay their taxes when the auction started?
I'm not aware of laws but why would anyone waste their time and participate in an auction knowing redemption can stop the sale any minute while you are bidding on it?
What do you think?
Each state has different redemption periods and laws. Some can redeem up until the auction, some 6 months or even a year or more after the auction.
Before buying at a tax auction you really need to know the redemption periods (along with a TON of other stuff - and even then there is still a risk). It's a risk that you have to consider and you may or may not be comfortable with it. If you don't understand how it works, and you're not comfortable with the risk then you shouldn't buy.
We've all heard of somebody filing bankruptcy to stop a foreclosure - that might be what happened. There are ways to pull something out of the auction.
I was well aware the redemption period. It was 5pm the day before auction start date. This was in the State of California, Contra Costa county.
According to the county official, it was not the owner but a lien holder who paid taxes while auction was in progress. So how does bankruptcy come into picture?
In fact http://www.sco.ca.gov/Files-ARD-Tax-Info/tcs_taxgu... has no such provisions after redemption period.
It's generally, and you seemed to have confirmed it, a procedural problem/defect in process that was brought to their attention. Not really much to complain about, here they can redeem up until the moment the bidder pays in full, after the auction.
Originally posted by @Suresh Batta :
... So how does bankruptcy come into picture?
A bankruptcy would sometimes put a hold on a foreclosure action long enough for the court to determine if there is an equitable interest (greater than the lien)that should rightly be included/divided by the court to the benefit of the creditors.
While it is odd for a property to be removed during the sale, liens are often voided after the sale. Be thankful they caught it so it did not become your problem.
Thanks everyone for your responses. Looking closely at the deed of trust, I see the deed of trust is for parcel in another county but mentions the current parcel removed from auction as part of the deed. That other parcel is already sold in tax sale.
I'm guessing this is this why the lien holder was able to stop the sale.
What's the ownership/liability to the buyer of other sold parcel? (May be the county did not inform the lien holder, may be they did).
- If the county did not inform and lien holder steps in like he/she did for the parcel removed from auction, county can overturn the sale for the other parcel. I'm guessing buyer gets their money back in some time.
- If county did inform and the lien holder did not step in, what does it mean??
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