Originally posted by @Val J.:
From my understanding the hidden liens doesn't apply to properties on Auction.com and I assume Hubzu. The hidden liens are on those that are being auctioned for delinquent taxes. One would need to do their due diligence on these types of properties so that you understand exactly what you will be paying for.
You should also look into how your state actually handles the delinquent tax sales. It can be completely different between states. I'm a total newbie at this, but I've been digging around trying to figure it out for Indiana. It seems super confusing, but really interesting.
In Indiana it seems that you purchase the tax lien at auction. In my county that happens in person and you pay at the end of the sale. You don't own the property or any such thing, and you have no rights to it etc. You've simply purchased the tax lien from the county government. There are then a series of steps you've got to go through to actually take ownership of the property.
If you want to actually own the property you've got to notify all parties who have a claim to the property within 9 months of the auction. This allows them to pay off the lien you now hold. If they pay off the lien within 6 months of the sale, then they pay you basically the amount you paid + 10%. If they pay it after 6 months, then they pay you the amount + 15%.
Assuming no one pays off your lien within 12 months of the sale, then you've got 6 months to go through another round of notifications. If again no one comes back to contest the property you can petition the county to take ownership of the property.
If the petition goes through, then I believe you still don't have a clean title to the property. I believe you are good to now improve the property and use it as a rental etc, but further action that I don't completely understand is required to get a clean title for purposes of selling the home.
As for the additional liens the county's tax sale doesn't wipe out all other liens against the property. If for some reason there was an IRS lien against the property that would still be in play. In Indiana Housing and Neighborhood Development(HAND) is responsible for managing overgrown lawns and such. If HAND has a lien against the property it also survives the tax sale and puts you as the new owner on the hook.
To complicate it even further the rate of return on the paid off tax liens isn't too bad, so at least in my county a lot of people are investing simply in the hopes that the tax lien they purchase gets paid off by the original owner. This tends to drive the prices up. I've even read that some counties require a rather high amount of cash on hand just to enter the auctions which pushes out the smaller investors.
End of the day it looks like for me in Indiana I would need to pay for a title search prior to bidding to insure that I'm not stepping into additional liens. If I were to beat the other investors and win a delinquent tax auction I would have to pay my winning bid amount, attorney fees to notify people twice, and probably additional attorney fees to handle the petition for deed. That money would basically be sitting dead for probably 15-18 months while the property continues to degrade. At that point it would be ready to rehab. It seems like a business best suited to those with sizable cash reserves and a lot of patience. Those really low minimum bids are enticing, but I think they only tell a small portion of the story of what it is ultimately going to cost.