foreclosure tax liens
What is the process in buying a foreclosure, or distressed property in California?
Also can you help me understand what a tax lien property is and it’s buying process and foreclosure’s buying process, which is better?
High level version of the cycle.
1. People become behind in their bills.
2. At some point the lender decides that it is time to file a formal notice of default. They publicly declare that they are going to take action to seize the house (starting foreclosure).
3. Up until some point before the auction the borrower has the option of catching up and stopping the foreclosure action.
4. An auction is held and anyone can bid. The borrower/owner looses the property to the winning bidder. That bidder might be the lender as they enter the first bid.
5. If the lender is not outbid and ‘wins’ they get the property. They will then proceed to list it with an agent or otherwise work to get it sold off.
You can buy from the borrower in default before the auction. You might even try a short sale where the lender agrees to take less than they are owed.
You can bid at the auction. You need to have ready to hand over the winning amount right then and there if you win. No time to line up a loan secured by the property.
You can buy from the bank after the auction if the bank ends up with the property.
For trust deed sales in CA there is no right of redemption after an auction.
As to your other question about tax liens. You are bidding on a lien held by the county. It is not the same as bidding on the property. You buy the lien and get to collect from the county when the person pays the taxes owed. You earn a rate of return. If they do not pay then you an trigger the next step to force payment.
It is rare for a tax lien to convert into title to the property if the property has a house on it and there are no defects that makes the property worthless. Someone will step forward (the owner or the lender) to pay off the tax lien first.
Tax Liens vs Tax Deeds
Tax sale jargon can be extremely confusing. There are tax lien sales and tax deed sales. As if that wasn’t confusing enough, there are also hybrid sales called redeemable deed sales. Once you understand the differences, you can wade through this goldmine and make huge profits!
Tax liens are simply a lien on the property. From the homeowner’s perspective, you are simply a creditor, much like the mortgage company. Mortgages and liens are in what are called “positions.” The big loan that you got when you bought your house is the first mortgage, and usually has a very low interest rate. If you did an equity line or borrowed additional funds, then you also have a second mortgage. Second mortgages are always at a higher rate than the first mortgage because the lender takes more risk. In the event of foreclosure, the lienholders are paid off in the order of position, which means that the first mortgage holder is paid before the second mortgage holder.
So, what does this have to do with tax liens? The position of tax liens is even higher than mortgages. If the homeowner refinances, the tax lien must be paid. If the homeowner sells, the tax lien must be paid.
If you foreclose on your tax lien and the mortgage company does not pay off your lien, then you could wipe out the mortgage and own the property free and clear! Isn’t that great! On top of that, you are making an interest rate that is much higher (as much as 24%) than what the mortgage company is collecting.
Now that you understand the basics of tax liens, let’s review tax deeds. In the case of the tax deed, the county simply holds the lien for several years and does its own foreclosure. Then, they hold an auction and you buy the property. It’s very similar to a traditional mortgage foreclosure auction.
The third type of tax sale is called a redeemable deed sale. The most notorious redeemable deed state is Texas. In Texas, the investor buys the property at the tax sale, but the homeowner has a specified period of time (six months to two years, depending on the type of property) to buy back, or “redeem” their property. In the meantime, the investor can take possession of the property and even rent it out. In the event of a redemption, the investor gets a very nice 25% annual rate on their investment in Texas.
As you can see, tax liens and deeds vary greatly by state. Before making any kind of investment like this, proper research of state and local regulations is essential. With the proper tools, a massive goldmine awaits.
About the Author
Carlos Scarpero is an experienced real estate investor who specializes in land. On his blog at
http://www.scarpero.com/real_estate
, he discusses innovative and creative real estate strategies to make your real estate investing more profitable.
Tax Deed Foreclosures in Today’s market: Tax Lien Secrets
