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Residual Income Through Real Estate
Part 8
Tax Liens
A tax lien happens when you have not paid your taxes to the local municipality. They will issue a lien
against your property that says the property can’t be sold or change ownership until the lien has been
satisfied. A tax sale differs from a foreclosure in that when the public authority offers the property
for sale to satisfy a tax lien, the successful bidder buys the right to own the property if the property
owner does not repay him.
There are three types of liens:
- Judgments or judicial liens, which result from a lawsuit by a creditor. In New Jersey, once these
judgments are docketed in the Superior Court, they become liens on real estate.
- Statutory liens, the most common example of which are IRS or county/state tax liens, and property
tax liens.
- Consensual liens, such as mortgages.
You don’t have to be an attorney to understand liens any more than you have to be a mechanic to drive a
car. But be forewarned! I suggest you ALWAYS consult with an attorney to dot the i’s and cross the t’s.
You must decide, based on your research, whether to do the deal.
#1: You don’t pay your local taxes.
#2: The local government puts a lien on the property for the unpaid taxes that prohibits sale or transfer
without payment.
#3: Government auctions tax lien certificates to compensate for the unpaid taxes. You bid. (NOTE: Always
physically check out the property and do lien, judgment and title searches before you buy.)
#4: Lowest interest bid, or fixed interest to the highest bidder.
#5: What if the property owner doesn’t satisfy the lien? In some states, the tax lien certificate owner
just applies for and gets the deed. In other states, the property is auctioned. Need 10% cash, with the
remainder in 30 days. You bid the unpaid taxes plus interest due you.
| Tax Lien Certificate States |
Michigan 50% High, Starting at 15%
Indiana 25% High, Starting at 10%
Maryland 24% High, Starting at 12%
Iowa 24%
Connecticut 18%
Florida 18%
Illinois 18%
Massachusetts 18%
New Hampshire 18%
New Jersey 18%
Wyoming 18%
Mississippi 17%
Arizona 16%
Nebraska 14%
New York 14%
Alabama 12% |
Kentucky 12%
North Carolina 12%
North Dakota 12%
Rhode Island 12%
South Dakota 12%
Vermont 12%
West Virginia 12%
Missouri 10%
Montana 10%
Tennessee 10%
Colorado 9% above Fed Resv. Rate
South Carolina 8%
Louisiana 5% and up.
Puerto Rico Various
District of Columbia Various |
This is a true scenario. A tax purchaser purchased a lien on a piece of commercial property for $12,000.
The property was owned by unknown owners, which all the proper notices were sent out and there was no
redemption. He acquired the property, which was valued to be over $350,000.00. His return was over 29
times his investment.
Arizona pays certificate holders 16% interest. At the end of 20 years, a $2,000 would have grown to more
than $30,000 with tax-deferred earnings.
Bibliography:
See websites: www.inft.net, containing databases or tax liens.
www.ustle.com
Achenbache, George. Goldmining in Foreclosure Properties. (New York: John Wiley & Sons, 1999)
Badt, Kevin. Unlocking the Mystery of Foreclosures: Treasure Map of Homes. (Palm Springs, CA: E. B.
Investments, 2000)
BRB Publications. The Sourcebook Of County Asset/Lien Records: A National Guide To All County/City
Government Agencies Where Real Estate Transactions, UCC Financing Statements, And Federal/State Tax Liens
Are Recorded. (Tempe, AZ, BRB Publications, 1995)
Bush, Fredy. Your Fortune In Foreclosures: Today's Best, Low-Risk, High-Profit Real Estate Investment.
(Tucson, AZ: Knight-Ridder Press, 1987)
Campbell, William A. Property Tax Lien Foreclosure Forms and Procedures. (Institute of Government, 1992,
ISBN: 1560111895)
Chaffin, Gary J. How To Become A Land Baron Or Baroness On A Janitor's Pay: A Guide To Tax-Defaulted
Real Estate Auctions.
Cook, Wade. How To Pick Up Foreclosures: A Step-By-Step Guide For Getting There Before The Auction.
(Tempe, AZ: Regency Books, 1990)
Coslick, Merlin B. How to Buy New Jersey Tax Liens That Earn 18 Percent. (Wachtung, NJ: Key West
Associates, 1994)
Dallow, Theodore J. How To Buy Foreclosed Real Estate for a Fraction of Its Value. (Holbrook, MA: Adams
Media Corporation, 2000)
Dicks, J. W. The Florida Investor: How To Find Solid Values In Stocks, Real Estate, Fixed Income, And
Tax-Free Investments In One Of America's Most Dynamic Markets. (Holbrook, MA: B. Adams, 1994)
Friedman, Jack P. Keys to Buying Foreclosed and Bargain Homes. (Hauppauge, NY: Barron’s Educational
Series, 2000)
Glazer, Garald S. and Jack Nusan Porter. Foreclosed Real Estate: Your Profit Opportunity. (Newton, MA:
Spencer Press, 1992)
Hendricks, Thomas. Real Estate Tax Sale Manual: How to Research, Bid, and Profit at County Tax Sales.
(Winter Park, FL: Tax Property Investor, 1989)
Investor Action Group. Cash In On Bank & Government Real Estate: Make And Save Big $$$ With The Most
Complete Book On: HUD, VA, S&L's, FHA, RTC, IRS, FDIC, FMHA, Tax/Sheriff Sales & More. (Flushing, NY:
Wilson, Smith & Kohut, The Sidewalk Press, 1993)
Kollen, Melissa S. Buying Real Estate Foreclosures. (New York: McGraw-Hill, 2003)
Leichman, Laurence. 90% Off!: Real Estate. (Flushing, NY: Leichman Associates Publications, 1996)
McLean, Andrew James. Buying Real Estate For Pennies On The Dollar. (Chicago: Contemporary Books, 1992)
McLean, Andrew James. Foreclosures: How To Profitably Invest In Distressed Real Estate. (Chicago, Il:
Contemporary Books, 1980)
Moskowitz, Joel S. The 16% Solution: How to Get High Interest Rates in a Low Interest World with Tax
Lien Certificates. (Andrews & McMeel, 1994)
Preston, Edward. How To Buy Land Cheap. (Port Townsend, WA: Loompanics Unlimited, 1996)
Reed, John T. How To Buy Real Estate For At Least 20% Below Market Value. (Danville, CA: Reed Pub., 1996)
Small, Howard A. How to Make $10,000, $20,000 or More Every Time You Buy Real Estate Foreclosure
Properties. (Real Deal Publications, 1998)
Smith, Jeremy D. Homeseller Strategies In A Soft Market. (Dobbs Ferry, NY: Oceana Publications, 1991)
Stone, Lin. How To Buy Land At Tax Sales. (Kansas City, MO: Truman Pub. Co., 1998)
Swierenga, Robert P. Acres for Cents: Delinquent Tax Auctions in Frontier Iowa. (Greenwood Publishing
Group, 1976)
Thomas, Ted. Up for Grabs: Millions in Foreclosure Real Estate.
Thomas, Ted. Foreclosure Gold Mining: Your Illustrated Guide: High Profit, Low Risk Real Estate For
The 90'$. (Danville, CA: New Growth Financial, 1992)
Tomlinson, Ed C. Real Estate for Pennies!: Investing in Property Tax Liens for Profit and Property/Based
on Colorado Real Estate Law. (Diamond Publications, 1993)
Wiedemer, James I. The Smart Money Guide to Bargain Homes: How to Find and Buy Foreclosures. (Chicago,
IL: Dearborn Financial Pub., 1994)
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