# ? on unpaid tax property for sale MO-W/LIENS



## Ray (Dec 5, 2002)

*I went to purchase some land touching mine, and the title search found about fifty some thousand in liens on it from credit card co.s Hospitals & they said they couldn't be sure all liens were found. Now 5 years later the land is going up for auction for back taxes, how can I find out if the buyer is responsible for paying the liens if they purchase the land? It seems nobody knows. ray*


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## caroline (Sep 29, 2009)

Ray said:


> *I went to purchase some land touching mine, and the title search found about fifty some thousand in liens on it from credit card co.s Hospitals & they said they couldn't be sure all liens were found. Now 5 years later the land is going up for auction for back taxes, how can I find out if the buyer is responsible for paying the liens if they purchase the land? It seems nobody knows. ray*


Normally the land cannot be sold until the leins are settled by the owner. Did you check to see if the leins had been paid? Prolly not, if they were that high. I think this is when a property lawyer comes in....and a title search HAS to be done.
You can call the company that is auctioning the land off and ask them if the leins are paid or if they will be part of the price in auction. 
They would know and have to tell you. There is no way anyone in their right mind would buy land without a title search and a clear title.

Call the county assesor and they may be able to help with the lein question, but don't put your faith there....

Research this one well. Also do you know the amount of the back taxes? How much is the land worth on the open market? Do the two at least match? Or are you ovepaying for something you want but don't need? I would buy the land only if the conditions above were clear and stated so by the seller (or whomever) and notorized......all tied up, legal.


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## ma1bob (Dec 12, 2006)

It all depends on the State. Most of the time, the tax sale wipes out all existing leins as the tax lein is superior to all other leins. That is why if you buy a tax sale property, the mortgage gets wiped out. If a bank finds out one of their properties are going up on the auction block, they will pay the taxes and bill the mortgagee for it.


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## Txrider (Jun 25, 2010)

Ray said:


> *I went to purchase some land touching mine, and the title search found about fifty some thousand in liens on it from credit card co.s Hospitals & they said they couldn't be sure all liens were found. Now 5 years later the land is going up for auction for back taxes, how can I find out if the buyer is responsible for paying the liens if they purchase the land? It seems nobody knows. ray*


Ask a real estate attorney or read your state laws as it is different in different states.

In Texas a tax sale gets rid of all liens -except- bankruptcy court or IRS liens.


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## big rockpile (Feb 24, 2003)

I bought property for Back Taxes only have a Tax Deed,found out if I didn't get a Quite Deed I believe it is called that if the original Owners come back and pay Back Taxes and 10% they can take back the property and they are not responsible for any improvements.This is for 25 years.

big rockpile


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## Bandit (Oct 5, 2008)

You could try asking that question in one of the many credit or real estate forums on line , but I would personally pay a local real estate lawyer for an opinion at the least .
Bandit


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## edcopp (Oct 9, 2004)

Ray said:


> *I went to purchase some land touching mine, and the title search found about fifty some thousand in liens on it from credit card co.s Hospitals & they said they couldn't be sure all liens were found. Now 5 years later the land is going up for auction for back taxes, how can I find out if the buyer is responsible for paying the liens if they purchase the land? It seems nobody knows. ray*


Figure out how many townships there are in the United States, and that is how many possible answers that there are. Have fun with all the incorrect information that you will get on this board.:smiley-laughing013:


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## Karen (Apr 17, 2002)

A judgment lien is a judgment lien. Unless paid off, the Deed is not clear. Although tax liens take priority in many states, it still does not cancel any other existing judgment liens. It just means that when the property is sold, the tax lien gets paid first from the funds of the sale. If there isn't enough to satisfy the tax lien, the remainder remains a lien; as does all the other judgment liens. 

In other words, the seller would have to pay out-of-pocket any differences between the sale and the liens or the new owners would assume those liens.

A mortgage works differently; it is not a judgment. A judgment doesn't occur until the property is sold. If the property is not sold for what is owed, then judgment is issued against the person who owes the debt for balance of the difference between the mortgage owed and what the property sold for. It doesn't carry on to the property, but is then assigned to any other personal property including bank accounts, autos they own, etc. of the original debtor.


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## caroline (Sep 29, 2009)

big rockpile said:


> I bought property for Back Taxes only have a Tax Deed,found out if I didn't get a Quite Deed I believe it is called that if the original Owners come back and pay Back Taxes and 10% they can take back the property and they are not responsible for any improvements.This is for 25 years.
> 
> big rockpile


That would be a quit claim deed.


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## copperhead46 (Jan 25, 2008)

If you are able to buy the property for the back taxes, and once the time for the owners to claim it has passed and the property is deeded to you, you would have to get a "quiet title" done to release the property of any back leins and to protect you.
P.J.


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## Bandit (Oct 5, 2008)

I never researched any of the listings here , but started getting there E-Mails after signing up for a free gov. surplus auction liquidation site ?
http://www.bid4assets.com/
Bandit


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## big rockpile (Feb 24, 2003)

caroline said:


> That would be a quit claim deed.


Thanks knew it was something along that line.

big rockpile


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## MattPA (Apr 9, 2009)

Simple. Go to your tax assessment office and ask. They will give you all the information related to tax sales in your state and locality. In Pa, a tax-sale, differnet from a sheriffs sale, is where you bid on the property and get it for whatever the winning bid is. No liens as when the state steps in for back taxes they superceded any other debtors. At theat point the creditors gettheir money from insurance that they had on the property.


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## poorboy (Apr 15, 2006)

caroline said:


> That would be a quit claim deed.


After a couple or three years original owners have to reimburse for all improvements if they reclaim property. After 5-7? years you can get a quiet title if they don't reimburse all taxes and covered improvements..:cowboy:


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