Investing in property tax liens can be very profitable, but if you're new to the tax lien arena, some background information is the best place to start. In its simplest form, a tax lien is a mechanism that guarantees that a lender will be paid for a debt by allotting a tax commitment on the debtors' property. This then effectively prevents the property owner from raising further capital or financing secured against that property.
The most common type of tax lien is a mortgage lien - this is where the lien is secured against the property on which the debtor holds a mortgage. If the debtor - in this case the property owner - is unable to repay the taxes owed against his property he risks losing his property.
Here we are talking about property tax liens specifically, of which there are two main types; the particular lien and the general lien. A particular lien allows the investor (the person lending the money or providing the services to the owner) to claim access to the property (or the equity held within it). Liens are either legal (or federal) in nature - which means they are enforceable in a court of law - or equity liens which are bound by equity courts.
As a private investor, you are then able to buy tax lien certificates with the aim of profiting from the liened property. You need to be aware, however, that you are not actually buying the property - you are in effect lending the property owner the money they need to repay the lien certificate, but at an agreed rate of interest that was set at the sale of the property lien, and a pre-determined time period by which they must repay the money to you.. This rate of interest can vary anywhere between 6% and 50% depending on the state and various other factors.
So here's how we make our profits. If the property owner is able to repay the value of the tax lien certificate back to you within the allotted schedule, including all interest owed to you, he retains ownership of the property, and his credit rating remains intact.
If the owner is unable to pay the loan, you take possession of the property as the owner of the tax lien certificate secured against it. As the new owner you are able to manage the property as you see fit - renovate it, rent it, sell it etc.
So as a quick recap, s an owner of a tax lien certificate, you will either make a profit by way of the interest repaid on your loan to the property owner, or of the owner is unable to make the repayment, you take ownership of the property and make your profit from how you then manage that property.
There is a lot more information you need to be aware of, and a lot more knowledge required before you go off a buy your first property tax lien certificate, but in simple terms, it is a very realistic model to make money and invest in real estate.
Buying Tax Lien Certificates
One of the most important things that you need to remember when buying tax lien certificates at a tax auction is understanding the method by which the county determines who is going to buy the tax lien certificate. In some areas, this is determined by the investor bidding down the interest rate for the lien. In many other areas the county will sell the liens on a percentage of ownership basis. In other jurisdictions, the county uses a round robin procedure to determine the winner of the auction. In this article, I will explain the differences between the methods and the advantages and disadvantages of each method.
The most common type of auction is the bid down auction. The auctioneer simply starts the bidding at the top rate for that jurisdiction and then the rate is bid down until the lien is sold. In certain areas, investors can make up for a low rate by paying subsequent taxes and through minimum rate guarantee statutes.
The advantage of the bid down method is you can easily bid on the exact lien that meets your needs. You also don't have any possible co-ownership scenarios that can make it difficult to file foreclosure and take full possession of the property.
In other states, it is on a percentage of ownership basis. What this means is that the interest rate remains flat, but in the event of foreclosure, the investor and the property owner become co-owners of the property. The initial bid is with the investor at 100% and it goes down until the lien is sold.
This method is great for high interest rates. Iowa uses this method, which means that you are guaranteed a very nice 24% rate. The problem with this is that if you end up as a co-owner with the taxpayer, you may have an expensive legal hassle on your hands to actually take possession of the property.
In other states, the bidding is on a round robin basis. In these areas, the auctioneer offers the lien around the room until someone buys it. They are always at the maximum rate allowed by statute.
In round robin states, you get a nice guaranteed rate of return on your tax lien certificate, and don't have to mess with the co-ownership issue. However, in round robin states, it is much more difficult to actually get the liens that meet your needs. If you decline during your turn, then you have to wait for luck of the draw to see if you get the lien that you want. If you are a big money investor, then it's not that big of a deal because you can buy a lot of different liens. But as a smaller investor who can only afford a couple of the liens on the book, this restriction can be very limiting.
As you can tell, the bidding procedure is something that is very important in the tax lien research process. With proper planning, you can wade through the minefield and reap great rewards!
Both Mike Fairweather & Carlos Scarpero are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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