Serving New Jersey Clients Since 1977

What are the legal steps when buying property at a tax lien sale?

Tax lien sales provide opportunities to buy properties at a lower cost, but they come with legal responsibilities. Understanding the process is crucial before participating in one of these sales.

Understanding a tax lien sale

A tax lien sale occurs when a property owner fails to pay property taxes. The local government sells a lien on the property to recover the unpaid taxes. The buyer of the lien does not immediately own the property, but they gain the right to collect the unpaid taxes, often with interest.

Researching the property

Before buying a tax lien, thorough research is necessary. Buyers should check for any existing liens, such as mortgages or other legal claims on the property. Some liens may take precedence over the tax lien, affecting the buyer’s ability to collect the debt or secure ownership.

Participating in the auction

Tax lien sales typically happen at public auctions. Interested buyers must register for the auction and place bids on the tax liens. The winning bidder pays the amount owed in taxes and may be required to pay additional fees. Each jurisdiction may have different auction rules, so it’s important to understand local procedures.

Payment and securing the lien

Once a bid is accepted, the buyer pays the government, securing the tax lien. The property owner now has a set period to repay the debt, often with interest. If the owner fails to pay within this time, the buyer may be able to take ownership of the property through a legal process called foreclosure.

Foreclosure process

If the property owner defaults on the tax lien, the buyer may initiate foreclosure. This process involves filing a lawsuit and going through the court system. If successful, the buyer can gain full ownership of the property.

Tax lien sales can be a valuable investment opportunity, but it’s important to follow the legal process carefully. Always seek legal real estate advice to navigate the complexities involved.