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Updated about 4 years ago on . Most recent reply

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Karen D. Schiano
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Next step intent to foreclose tax lien comes back undeliverable

Karen D. Schiano
Posted

New to foreclosing vacant land in Navajo Co, Arizona.  One of my tax lien Intent to foreclose notices came back "vacant", another "undeliverable as addressed, unable to forward" (both addresses were addresses on file with Navajo County and where notices had to be sent).  I assume I must try to track down the owners or heirs, if deceased (one is deceased) and send new Intents to Foreclose with new 30 day or greater dates with intent to file the foreclosure action?  Or can I just file the foreclosure action to the heirs of the deceased "vacant" one (I have found them, having talked to a relative who gave me the heirs' names) without sending a new intent to foreclose?  Does anyone have experience with this?  Thanks.   

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Joe Martella
  • Rental Property Investor
  • Cherry Hill, NJ
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Joe Martella
  • Rental Property Investor
  • Cherry Hill, NJ
Replied

I agree with @Ned Carey.  I recently foreclosed in NJ on a vacant piece of land.  While we are in different states, I am sure that the laws are similar.  Have you done a title search?  Are there any there parties that have an interest on the property that would have a right to redeem the lien?  

Even after you effect foreclosure, again, this is in NJ, the land owner can go to court 90 days after foreclosure and show the judge proof that they have the money to pay the lien amount.  There is no judge that won't give the owner the opportunity to get their property back.  Then the foreclosure can be challenge up to 1 year on the foreclosure being executed properly (notifications, letters, complaint servicing, etc...).  

It cost about $3,000 for me to foreclose.  I can't imagine it be that much more in AZ.  You just need an attorney that knows what they are doing since this tax liens are somewhat of a specialty for attorneys.

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