Tax Lien Investing - Buying and Selling Tax Liens
buys
and sells a variety of Tax Lien Certificates. We currently buy/sell
Tax Lien Certificates in FL, AZ and CO but are eager to seek out other
States as well. We have much information to offer to Prospective Tax
Lien Investors and have a Powerpoint Video available and also can make
arrangements for speaking engagements and consultations in the subject
area such as the Pros and Cons of Tax Lien Investing, the Risks vs. Rewards, How
to Start Investing and more!
Tax Certificate Article - Click Here to Read
Tax Lien Presentation - Click Here To Read
The Basics of Tax
Liens are that:
A Tax Lien Certificate is a first lien on delinquent
property that yields the holder of the certificate high interest rates
and is issued by either a County or also the IRS (which is called an
IRS Federal Tax Lien)
In most jurisdictions, when a property owner is late
on paying real property taxes, the county or municipality will issue a tax
lien on that person's property. Certain states allow the tax
lien to become a first lien on the property, which is then turned
around and sold at auction as a tax lien certificate.
After placing a successful bid, through an online or
in person auction buyers of a government-issued tax lien certificate
will then get one of two things:
- A state-mandated yield from the
lien, which the delinquent taxpayer must pay in order to release the
lien, OR
- Title
to the property (after a certain amount of time, set by the
jurisdiction) if the delinquent taxpayer fails to pay up.
Individuals have been investing in tax liens sales more and
more because of these two benefits. A fixed percentage rate, mandated
by a government agency, or the title to property at a substantial
discount are incredible benefits rarely seen with other real estate
transactions.
The 2 types of Tax Liens are further described below.
Please call our office to discuss how we can help you get started in
investing in Tax Lien Certificates and how to buy and sell tax liens.
Unlike personal debts, tax liens on real estate
"run with the land"; that is, a property owner becomes responsible for
payment even if the tax obligation was incurred by a prior owner.
Depending on the law of the state or jurisdiction, the owner of the
property may also be personally liable for payment of the taxes.
Payment of a tax lien may occur through various
methods:
- Payment may be made directly by the property
owner or, in many cases, indirectly by the mortgage holder using
an escrow account. Notice is given both to the property owner and
mortgage holder when a property tax is delinquent; thus, even if
the property owner does not have an escrow account on the
mortgage, the mortgage company will receive notice of the
delinquency and may pay the tax. The mortgage company will then demand
repayment from the owner/borrower and/or create an escrow account
to recoup the proceeds, since the mortgage company might lose some
of the value of its mortgage lien if the property were sold by
the taxing agency to satisfy unpaid taxes foreclosure.
- If a property is sold by the owner prior to
tax foreclosure by the government body, the tax lien (which is
generally discovered as part of a title search) is usually paid as part
of closing costs from the sale proceeds.
- Procedures vary from state to state.
Generally, in the event a tax lien on personal property is not paid
within a specified time (and after several notices are generally
given), the property may be seized and sold at foreclosure sale.
On real property, one of two methods may be used: either the
property may be seized and sold (a tax deed sale), or in some
States the tax lien may be offered to investors (in the form of a
tax lien certificate) with an accompanying right for the investor,
after a specified period of time, to institute foreclosure
proceedings (a tax lien sale).
Federal Tax Lien Basics:
Internal Revenue Code
section 6321 provides:
Sec. 6321. LIEN FOR
TAXES.
If any person liable to pay any
tax neglects or refuses to pay the same after demand, the amount
(including any interest, additional amount, addition to tax, or
assessable penalty, together with any costs that may accrue in addition
thereto) shall be a lien in favor of the United States upon all
property and rights to property, whether real or personal, belong to
such person.
Internal Revenue Code section
6322 provides:
Sec. 6322. PERIOD OF
LIEN.
Unless another date is
specifically fixed by law, the lien imposed by section 6321 shall arise
at the time the assessment is made and shall continue until the
liability for the amount so assessed (or a judgment against the
taxpayer arising out of such liability) is satisfied or becomes
unenforceable by reason of lapse of time.
Perfection of federal tax liens against third parties
(the Notice of Federal Tax Lien)
A federal tax lien arising by law as described above
is valid against the taxpayer without any further action by the
government.
The general rule is that where
two or more creditors have competing liens against the same property,
the creditor whose lien was perfected at the earlier time takes
priority over the creditor whose lien was perfected at a later time
(there are exceptions to this rule). Thus, if the government (which is
treated as a "creditor" with respect to unpaid taxes) properly files a
Notice of Federal Tax Lien (NFTL) before another creditor can perfect
its own lien, the tax lien will often take priority over the other
lien.
Contact Us for
more information on how we can help you
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