Certificate of Sale
A Certificate of Sale is document issued to the highest bidder at a tax foreclosure sale or at a judicial sale, which indicates ownership but which does not convey actual title. It indicates that all past due taxes have been paid and entitles the buyer to receive a deed after court confirmation of the purchase of the property.
Laws vary from state to state, please make sure you consult with your local government to ensure proper procedure.
Frequently asked question:
How long must I hold the Certificate of Sale before requesting a deed to the property?
The redemption periods are 120 days for vacant land and 2 years for improved property.
How do I obtain the deed to the property once I have purchased a Certificate of Sale?
Notice of the purchasers intention to request a deed to the property must be given to the property owner no earlier than 60 days prior to the end of the redemption period (120 days for vacant land, 2 years for improved property (in most areas)). The property owner then has 60 days in which to redeem the property.
What information does the notice have to contain?
The notice must state that the purchaser holds the certificate of sale and that he will demand a deed to the property, if not redeemed by the property owner, at the end of the 60 day notice. The property owner must submit payment to the County Treasurer's office by certified funds within the 60 day notice period.
How do I serve notice on the property owner?
Notice must be given by personal service upon the owner. Personal service means that the notice must be delivered to the person of the owner. Certified mail does not suffice. (Suggestion: Process Server). You may also wish to do a publication in addition to personal service notification.
What if the property owner is not a resident or cannot be located within the state?
If the owner is not a resident, or cannot be found within the state after diligent search, the notice may be given by publication. Diligent search requires more than one attempt to locate the property owner. You must document your efforts to locate the property owner. Notice by publication and includes publication at least once a week for newspaper of general circulation in the County. The publication must be verified by the affidavit of the publisher.
What constitutes a "diligent" search?
You must make more than one attempt to locate the property owner. If they do not reside at the address of record you must try to locate them by other methods. You may search the telephone directory, contact the Secretary of State's office for information on business or corporations, etc. All efforts must be documented and submitted as an affidavit.
What do I do at the end of the 60 day redemption period?
At the end of the 60 day notification period, if the period, if the property has not been redeemed, the Treasurer must provide a deed to the purchaser or his assignee when he surrenders to the Treasurer the certificate of sale and documentation of the notice provided by the purchaser to the owner of the property. Before a deed will be issued all delinquent taxes or assessments must be paid current.
DOCUMENTATION TO TURN INTO TREASURER
Certificate of Sale (original)
Notarized Statement (steps taken to notify property owner)
Copy of Notice to Property Owner Affidavit of Notice (proof of service on property owner)
Affidavit of Search (if unable to locate, what did you do to locate the property owner)
Affidavit of Publication (proof of publication)
*** CHECK YOUR LOCAL LAWS BEFORE PROCEEDING, AS LAWS GOVERNING CERTIFICATE OF SALE VARY BY JUSRISDICTION ***
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