How much to bid at auction? Also IRS liens?

How much to bid at auction? Also IRS liens?

San Antonio, TX · Member since 2017 · 16 posts · 6 votes

I have a property I am interested in bidding at auction and need help figuring out a max bid. this will be my first auction purchase. I have some experience working for my dad as he has around 30-40 cheap rentals, but he hasn't made a purchase since 2009. Markets change, and what was accurate in 2009 isn't today. I researched the deeds of trust and know the guy losing the property paid $99k in 2004. Zillow says it is worth $139k, tax rolls have it at $103k. From looking up deads of trust in the area borrowed amounts all over the map in last couple years, anywhere from $125k to $260k for similarly sized houses (obviously quality may be different). My best guess would be to that this house could sell around $179k in good condition. What would be a good way to determine a max bid for this potential flip? It is a  1500 sq ft 3/1 that will need central A/C added and possibly convert some space to make it a 3/2 in order to get a good retail price. House looks straight from the outside, but no idea anything else on the inside obviously.

I tried approaching the owner to purchase the house pre trustee sale as this is not his homestead, but he didn't even open his door (told me not interested through the door) and was completely closed to even speaking to me about the house. 

Also I know the owner has like $200k in IRS liens...what kind of research do I need to do about that, or does that disqualify the property.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
9y

this one you may want to let go to the auction... once it goes through the foreclosure process the IRS lien sunsets automatically in 120 days.. and they NEVER redeem.. well there is no absolute but in all my years doing this they have never redeemed one on me.. I love IRS liens at auction scares most of the newbies from bidding.. but you do need to have cash because you can't refi until this is gone.

but in the very unlickly event IRS redeems they owe all the money you spent to buy it plus statatory interest and any money you spent protecting home from further damage.. but they would not have to reimburse you if you did a full blown reno on it during the redemtion period

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  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Sam Epstein

    Max bid would be the same calculation as any flip. ARV - rehab costs - financing and closing costs - desired profit = max purchase price.

    Some use 70% rule. [ARV *.7 ] - rehab = max purchase price.

    If you buy the property at auction, you'll have to negotiate the liens, which can take a long time in some cases.

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    You've done due diligence but I'm not so sure an IRS lien is the type of lien you could negotiate down enough here to take on that risk. But I am interested to hear what others have experienced. Either way, good luck.

  • Real Estate Agent · Wareham, MA · Member since 2013 · 112 posts · 67 votes
    9y

    Are the IRS Liens attached to the house?  I'm not sure exactly how this works in TX, but a Title Company may provide you with Lien information.   Based on the information you provided, I would obtain an MLC or your area's equivalent report from the Town Hall.   MLC: Municipal Lien Certificate.  Cost varies but generally around $25.00.   The MLC will provide information regarding any Municipal Liens attached to the property.   The Lead time is about 4 business days for an MLC.

    I cringe when I know the IRS may be involved, but that's just me.  

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    this one you may want to let go to the auction... once it goes through the foreclosure process the IRS lien sunsets automatically in 120 days.. and they NEVER redeem.. well there is no absolute but in all my years doing this they have never redeemed one on me.. I love IRS liens at auction scares most of the newbies from bidding.. but you do need to have cash because you can't refi until this is gone.

    but in the very unlickly event IRS redeems they owe all the money you spent to buy it plus statatory interest and any money you spent protecting home from further damage.. but they would not have to reimburse you if you did a full blown reno on it during the redemtion period

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Jay Hinrichs

    Great information - thank you. And in the rare event the IRS redeems, the IRS would need to do so within 120 days after you purchased at the auction (in this scenario)? So does hold up the county clerk from issuing you the deed?

    "but you do need to have cash because you can't refi until this is gone."

    What do you mean by "gone"? After 120 days does the IRS lien 'go away'?

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Sam Epstein

    Could you log what you do with this deal? Interested in seeing how this plays out. Based on Jay's reply about newbies being scared away yet him never seeing IRS lien's being redeemed, it sounds like it depends on your risk tolerance and available funds. However, if they reimburse you for costs, it really does eliminate the fear factor (assuming you do no rehabs, other than protecting your property). It only ties up your funds for 4 months or so.

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Nancy Bachety I understand the 120 day right of redemption that the IRS has.  The part I am less clear on is what I've read about the IRS requiring proper notice prior to auction. I think I read that if they are not properly notified by the bank (25 days before if I remember correctly), then the lien will not be discharged from the property. How do I verify that the bank notified the IRS? If they don't and I hypothetically purchase the property anyway, is there a way to fix the situation? Undo the sale, redo foreclosure, or am I then stuck with a worthless property? I tried calling the IRS this morning, but so far it seems like a beurocratic nightmare to figure out how I can verify that they have been properly notified. 

    Also, how do you estimate repairs on a house you haven't seen on the inside?

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Sam Epstein

    As far as notice, you can go to the county clerks records (or the courthouse) and search the records for the given property. There, you should find evidence of the newspaper notices. I believe that constitutes as notice. You can also find out the newspapers the county says they use for such purposes and look them up online or in print. 

    (On a side note, try searching the county clerk records for your own property or those you know. I found it to be a valuable lesson to see what is public information.)

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Sam Epstein

    For estimates, I would start with this: walk the property, talk to neighbors, look for notices of improvements in the court records, and lastly, overestimate the worst case scenario based on age of house. 

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Nancy Bachety I love looking at public records, but what I have found so far is directly from the IRS website and applicable statutes that they cite. I do not believe the public notice of foreclosure is sufficient notification. The public notice is how I know about the sale. But realistically if you have a financial interest in a property you would expect actual notice mailed directly to you. The IRS requires this (I believe), since they can't be expected to monitor all foreclosure notices and comb them. I'm going to try to contact the bank since I hit a brick wall with the IRS so far. 

    Since the house is an older home my worst case rehab is around $30k - 40k in repairs. If repairs aren't worst case it could be around $20k. I'm hoping I can pick up the house around $90k and then I have plenty of room, but if it goes to $110k or above I am less sure of the deal. $110k plus $40k would be $150k on a house worth $180k, minus realtors and closing costs.  

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Jay Hinrichs I am aware of the 120 day right of redemption, and don't mind waiting, since I won't be using borrowed money. My concern is primarily with IRS 14497. My understanding is that the bank must send proper notification 25 days prior to the sale, or else IRS liens won't be discharged. It is not clear to me what would happen in that scenario. I tried to call the IRS but they gave me a phone number to their advisory number that goes straight to voicemail. I tried calling the law firm that the trustee is at, but got some random person who said they couldn't tell me anything. Here is the link to what the IRS says about failure to notify them of a non judicial sale (which is how foreclosures are handled here in Texas). https://www.reginfo.gov/public/do/DownloadDocument?objectID=50925301

  • Real Estate Investor · Encinitas, CA · Member since 2016 · 3k+ posts · 3k+ votes
    9y
    Sam Epstein Personal opinion here but I wouldn't put too much stake in what Zillow says. If it's a planned community with model matches it might be more accurate. I know it says my personal residence is worth $110K more than I think it actually is based on the most recent model-match sale (although I kinda wish it was right). If I was planning to bid I'd find a local broker and pay for a drive-by BPO so at least I had a better guess as to value and/or ARV.
  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Andrew Johnson I agree not to put to much stock into. What Zillow says. That is why I also looked up recent deeds of trust, to see what people are actually paying. I know of at least 2 properties of similar size that went for over $250k, but they were in pristine condition. Most appear to go from $150k to $200k. I looked up pics of the sold properties. That is why I think this property could probably sell for around $179k even though Zillow has it at $139k. Zillow valuation I think is lower because the house hasn't been fixed up and is probably fairly high for fixer up condition but at least $20k low for ARV. My main concern is still the IRS issue. I would hope it would scare off other bidders, but want to do my homework first, since the owner has $200k- $300k in IRS liens, which aren't specifically on this property, so I hope other bidders find them by doing a name search. The trustee handeling the sale for the bank most likely sent proper notice to the IRS, but I have no idea how to verify that they did. Lawyers and banks do screw up sometimes.

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Sam Epstein

    "since the owner has $200k- $300k in IRS liens, which aren't specifically on this property"

    Would an IRS lien be on whatever assets the person owns, including this house?

    Have you tried connecting with a bp member who buys from auctions often? 

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Nancy Bachety yes,IRS liens say specifically on them that they attach to all of the person's property. I'm not sure if these liens are more likely to be missed by other bidders, or the lawyers handeling the foreclosure (who  are supposed to notify the IRS of the trustee sale). I only found the lien because I searched the owner's name and saw the IRS liens (they show the owner's homestead), which is different then this property. I went back and checked signatures on both properties deeds of trust and saw that they matched since it could have been a different person with the same name.

    My next step is to call a lawyer that I know is knowledgeable about title issues. I just don't want to run up a legal bill of a couple thousand having him try to pry the notification information from the IRS or the bank, since I might get outbid anyway.

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    9y

    @Sam Epstein, yes, but even though "IRS liens say specifically on them that they attach to all of the person's property", surely that can't flow onto the NEXT owner of the property? 

    ie. So what if the whole sale price is fought over by multiple Lien Holders including the IRS?

    Another example would be: what happens after a Bankrupt is discharged (for say sixty cents in the dollar)? Years later, does the Lender/IRS STILL have the authority to chase those last forty cents in every dollar - forever?

    Are the trillions of dollars that "disappeared" in 2008 mysterious going to be recovered?

    Does the IRS really have the ability to get blood out of a stone? [Er, not financial advice]...

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Nancy Bachety yes,IRS liens say specifically on them that they attach to all of the person's property. I'm not sure if these liens are more likely to be missed by other bidders, or the lawyers handeling the foreclosure (who  are supposed to notify the IRS of the trustee sale). I only found the lien because I searched the owner's name and saw the IRS liens (they show the owner's homestead), which is different then this property. I went back and checked signatures on both properties deeds of trust and saw that they matched since it could have been a different person with the same name.

    My next step is to call a lawyer that I know is knowledgeable about title issues. I just don't want to run up a legal bill of a couple thousand having him try to pry the notification information from the IRS or the bank, since 

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Brent Coombs yeah I'm not sure what the procedure is if someone buys a property with an IRS lien at a trustee sale and the IRS wasn't given proper notification. The explanation I found on their website wasn't clear to me. I think in order to discharge the lien you would then have to submit an appraisal and another document like the tax appraisal and ask them to discharge their interest by offering to pay some portion of equity they might have (or possibly all equity). I think (though not sure), their interest would be reduced by whatever the auction purchaser paid at auction. 

    My best guess on how this would work would go as follows: I buy a house for $100k that is worth $140k. I then have to get the property appraiser, and assuming the appraiser says the property is worth that $140k, the only way I could be sure of discharging their lien would be to offer $40k or try to negotiate for less with no guaranties. I am not at all sure they would even consider the purchase price paid to the bank or money spent on improvements (good questions for a lawyer). Either way that situation pretty much defeats the point of buying at auction, might as well just keep the $100k in the bank and save the stress if they will just take my profit. Also, many regulations are poorly written and not fair. You should look into why've people stopped doing contracts for deeds (the penalties for errors were steep), just my .02

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    9y

    @Sam Epstein, if you're the one buying at auction, surely it wouldn't be YOUR fault that the "the IRS wasn't given proper notification"? Hopefully the small print in the auction system isn't so bad as to say: "if there are undisclosed liens on this property, the Lien-Holders will forever be able to chase YOU for every dollar owed - but - go ahead and bid"! Or, is it that bad?

    The worst I would expect is: if such an IRS-oversight came to light, you would be entitled to your money back (sale reversal) - or - the SELLER would be up for any difference, not you! Yes?...

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Brent Coombs  Irs simply falls off at end of 120 days. You need do nothing person to talk to here is your title insurer they are the ones that dictate when title will be insured and in my experience it was 121 days after aoction date. End of proCes.

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    @Sam Epstein

    When are you bidding? Live or online? Let us know how it ends (before 120 days ends). 

    @Jay Hinrichs At which point do you get title insurer involved? Do you have to buy it at all if you're just turning it over to sell?

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    I don't buy it just provide to whom I sell to.  

  • Real Estate Investor · Encinitas, CA · Member since 2016 · 3k+ posts · 3k+ votes
    9y

    @Sam Epstein Sounds like you're way ahead of me when it comes to Zillow.  It's a fun tool but more valuable when you can look up factual sales to back up Zillow's algorithm.  I do think, on average, Zillow overvalues properties (at least in my area).  Not by much but I think it definitely skews "optimistic".

  • San Antonio, TX · Member since 2017 · 16 posts · 6 votes
    9y

    @Jay Hinrichs I just spoke to an attorney that runs a title company here. He told me that as a matter of course trustees for banks will notify the IRS of the sale. If they do then you are right about their right of redemption falling off after 120 days. He did tell me that although he had never seen a case where the bank didn't inform the IRS of the foreclosure sale, that if they don't then there would be a problem getting a title policy. He said typically in cases with IRS liens the bank will provide an affidavit that they sent notice to the IRS to the purchaser, and that this is sufficient for a title policy. He said if they don't inform the IRS then it could be a real problem. Since this particular lawyer took a couple days to call me back (and I wasn't sure if he was going to), I had already called a different lawyer to send a strong letter to the trustee asking them to verify IRS notification, since they wouldn't tell me anything over the phone. The title company lawyer said that is pobably what he would have advised also, since they wouldn't speak to me directly.

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    9y

    Thanks for filling us in. 

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