Advancing Property Taxes for NPNs

Advancing Property Taxes for NPNs

Lender · Ladera Ranch, CA · Member since 2014 · 1k+ posts · 1k+ votes

What are investors attitudes and processes when deciding on advancing property taxes?

Big banks advance property taxes on every asset (unless it falls through the cracks for some reason). Much simpler that way since they eliminate the risk of tax sale or penalties and late fees.

As a smaller investor that can pay more attention to individual assets, I consider more aspects than just the risk of the tax sale. Most tax sale situations require delinquent taxes for 2-5 years before someone can foreclose. 

Since most of our NPNs liquidate in less time than that, I've let taxes go delinquent knowing that I'd foreclose sooner than a tax sale would occur.

The main advantage is that it's essentially a loan I don't have to obtain that frees up my capital. This is especially true when the property sells at foreclosure sale. The delinquent taxes become the winning 3rd party bidder's problem.

If it becomes REO, I consider the penalties the interest I would have paid if I got a loan to pay the taxes. Sometimes this can be significant and it makes more sense to advance than to pay 20% plus in penalties.

The main risk of not advancing property taxes on a NPN is forgetting to redeem or pay taxes that become too delinquent and having the property go to tax sale.

The best way to mitigate this risk is to schedule a task to look up the tax status once a year on each NPN.

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Investor · Orlando, FL · Member since 2013 · 837 posts · 317 votes
5y

@Andy Mirza We also wait to advance until necessary to prevent a tax sale unless penalties are severe. 

I was talking to a fellow investor brainstorming ideas and they bought the tax lien on the property where they owned a non performing note.  They bought the tax lien through a different entity so they could then pursue foreclosure on the tax lien and wipe out their junior lien as the process for foreclosure was much simpler on a real estate tax lien.  I'm sure there are some caveats to that method and you must give the borrower ample chance to cure the default but I thought it was a genius solution.  Thoughts from the group?

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  • Dan DeppenBusiness Member
    Erie, CO · Member since 2017 · 274 posts · 267 votes
    5y

    This is a good topic. I started running tax reports for my entire portfolio every 6 months to make sure there isn't a tax sale, after I had one slip through the cracks. I redeemed it in time but it scared the crap out of me.... Sometimes if the late penalties are severe I'll advance them, especially if I know it's definitely going to foreclosure. But in general, if I'm trying to get it to reperform I don't want the borrower to think if they just don't pay a bill that I'm there to bail them out.

  • Investor · California, CA · Member since 2016 · 367 posts · 375 votes
    5y

    A tangent issue I have a question about.  If the borrower is in BK13, has anyone had any luck getting the court to require the borrower to pay the taxes, when they aren't escrowed?  

  • Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes
    5y

    Hey Dan what service do you use to run your tax reports every 6 months?

  • Lender · Ladera Ranch, CA · Member since 2014 · 1k+ posts · 1k+ votes
    5y

    @Tim S. I'm dealing with this issue as we speak. Unfortunately, our previous attorney didn't have any good advice and we were stuck in the position of advancing property taxes and paying for FPI. We then filed a PPFN for whatever we advanced. We would get paid back eventually but there was no pressure on the debtor since this amount is just added to whatever the trustee paid us for arrears.

    Not only did we have to come up with capital to pay the advances, we had a less valuable loan because note buyers would ding us for this.

    We switched attorneys. The new one suggested that we issue a Notice of Default to the Debtor. (Completely different than the NOD when you start a foreclosure.) In most BK 13 plans, the debtor agrees to pay for insurance and property taxes. If they do not do so, they're in default on their plan. We issued the NOD in October, 2020.

    The "BK" NOD gives the debtor notice directly of the default and what he or she needs to do to cure the default. In our case, we indicated that the debtor owed us several thousand dollars for the back taxes and FPI. They weren't responsive after 14 days, so we filed a MFR.

    The MFR was a tool to get the debtor to do something about geting caught up. Before the hearing the debtor's counsel finally contacted us about an Adequate Protection Order. For our part, we required that the debtor get her own insurance, establish an escrow account with our servicer and gave her 12 months to pay the advances. Debtor's counsel agreed so we pushed back the MFR to this month to let the debtor work on this.

    The debtor provided proof of insurance so we got that knocked out. (The proof was from August, 2020; thanks for promptly letting us know!)

    We know the debtor has contacted our servicer but she has not set an escrow account up yet. 

    I expect that debtor's counsel will ask for an extension. We'll say no and go in front of the judge. I'm hoping that the judge will sympathize with us since we've been proactive in solving the problem and the debtor is dragging her feet. Who knows what the judge will rule but this is much more progress than we've had than the previous 2 years.

  • Dan DeppenBusiness Member
    Erie, CO · Member since 2017 · 274 posts · 267 votes
    5y
    Originally posted by @Bob Malecki:

    Hey Dan what service do you use to run your tax reports every 6 months?

     I've used ProTitleUSA and Baldwin Advisory Group.

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    5y

    I concur with Andy, if an NPN is heading to FC and there isn't an imminent tax sale then will wait to pay the taxes. However, I've also had some that went to a tax lien sale and made a deal with the lienholder on a payment plan so that we didn't have to forward the entire amount upfront. However, this option isn't available in all states as it depends on the type of tax sale it is. Many counties will allow you to enter a payment plan as well.

    As for the BK13 plans, I get our attorneys to object to their plan if paying taxes and insurance is not part of it. That way if they fail to pay, can file and MFR right away.

  • Investor · Orlando, FL · Member since 2013 · 837 posts · 317 votes
    5y

    @Andy Mirza We also wait to advance until necessary to prevent a tax sale unless penalties are severe. 

    I was talking to a fellow investor brainstorming ideas and they bought the tax lien on the property where they owned a non performing note.  They bought the tax lien through a different entity so they could then pursue foreclosure on the tax lien and wipe out their junior lien as the process for foreclosure was much simpler on a real estate tax lien.  I'm sure there are some caveats to that method and you must give the borrower ample chance to cure the default but I thought it was a genius solution.  Thoughts from the group?

  • Investor · California, CA · Member since 2016 · 367 posts · 375 votes
    5y

    @Andy Mirza  & @Chad U.  Thanks! Very helpful. 

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    5y

    Great topic.

    There are reasons to pay taxes and not pay taxes and for me and people I talk with its all about strategy. 

    I have heard of people that if they have a difficult borrower they advance the taxes to increase the total payoff and reinstatement amount. 

    If it is near a foreclosure sale date, many will not advance the taxes especially if its tens of thousands (depends on cash flow and cash position)

    I had an instance recently where the borrower was going to tax sale, property was worth a lot more than the taxes (and I would of gotten paid off with overage) so I did not pay. Another instance the borrower owes $34,000 in taxes and I did not advance it as we knew the borrower was filing for BK - so we let the county get the taxes over 60 months...

    @bob malecki - I pay a service under $10 per year per asset to monitor taxes for me. They will run tax search (specific states each month of year correlating with when tax payments are due). They will send me a report. If there is a delinquency it gets flagged and they run it again six months later. I can log into their system at any time and see a delinquency log. 

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