| Tax Leins- a primer by Chris Joosse | ||
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Resources
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Tax Lien Certificates are an interesting vehicle, but there's a lot of
details involved.
Not all states offer them.
the way they work is pretty interesting- counties who assess property
tax get some property owners who don't pay their tax. What
the county does in order to secure the debt is to attach an encubrence,
a lein, on the title of the property. The lein is essentially an
interest-bearing note, a second mortgage of sorts. After a certain
amount of time in default, the holder of the lein is entitled to
foreclose on the property.
The problem is that the default period takes time, and the counties need
the money now to fill their budgets... so what they do is allow
investors to buy the lein. As the Lienholder, you are entitled to
collect the interest on the debt, and the interest rates can be
substantial.
...but here's where it gets interesting.
Some counties will auction off the lein to the investor willing to
accept the lowest rate of return. Some counties will auction off
the lein to whomever will pay them the most money on top of the
taxpayer's debt. If, for example, you buy a Lein Certificate
in CO for the taxpayer's debt plus a couple thousand dollars *and* the
taxpayer redeems the property the next day, you lose money. If you
buy a Lein Certificate in another state where the auction is
competitive, you may be buying a note with fairly low interest and now
your money is tied up in a low-yield instrument for as long as it takes
for the landowner to redeem the property, or until you forclose.
Before investing in a Lein Cert you have to know where your 'line of
profit' stands- how long will the Lein need to be outstanding before you
make a profit, if you're in a state like CO? How low a rate can
you accept if the bidding at the auction is competitive? How long
can you stand to have your money tied up in the Lein?
If you buy a Lein Certificate on a property that's worthless, or worse,
has industrial waste on it, you stand to be the owner of a liability,
rather than an asset- so if you're interested in doing this, make sure
you approach it as a real-estate transaction. The lein's potential
value is tied to the value of the property it's attached to. If
it's swampland, if it's undeveloped, if it's industrial, you have to
know why before you invest. If it's residential, this is good-
chances are that it'll be redeemed and you'll get your money, or if they
default chances are good that the property is valuable.
Tax Liens are only as risky as bonds and real estate combined... and
that's saying something. Make sure you know what you're getting
into. If you're serious, you'll have to put some work into this-
investigate the property records, run a title search, if you can, visit
the property or have it inspected by someone knowledgeable. ...of
course, keep in mind that the current tenants might not appreciate it.
Keep also in mind that if the taxpayer defaults, you've got to serve
papers and take legal action fairly promptly to take possession- and
this can be a ruthless move. If they stay on the property in some
states, they can claim ownership by virtue of 'adverse tenancy'.
If you're not prepared to exercise your rights, and to spend a little
money on legal advice, service, and also to pay the property taxes on
the property you now own... you will lose your investment.
so- there's a LOT of information to be on top of, there are expenses
involved above and beyond your investment, there are cases where you
won't make money on your investment, and if all that sounds like too
much work and risk... well, maybe it isn't for you. That said,
occasionally you'll get 16% or more out of your money for as long
as the Lein is outstanding... and in really rare situations, you may end
up owning a property worth 1000% of what you invested. Most of the
time, however, rates are lower than that and properties are redeemed
within a year.
When you buy a Lein, you're essentially paying the landowner's taxes
up to current, and in return you get two things: the right to collect
interest on the debt, and the right to be first in line to foreclose
on the property.
If the property is not redeemed within the year, you'll be obliged to
pay the next year's taxes on the property, or else the county will
issue another Lein to another investor, who will in turn have first
right of foreclosure in case of default. In that case, you'll
still be paid off if the Landowner redeems the note. Also,
if the landowner redeems the other note, you'll be back at the
head of the line... but if that doesn't happen and the landowner
defaults, you're left owning bad debt that isn't secured by property.
In order to protect your investment, then, you'll have to
continue to put money into the Lein every year it is outstanding.
That means more interest and principal you'll get out if the landowner
redeems the property. If they're headed for a default, however,
you'll need to be prepared to cover his tax liability for several
years before seeing any return.
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