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Easements and Deed Restrictions in Tax Foreclosures |
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March 2, 2009
"Can I wipe out easements or deed restrictions on a property through tax lien
foreclosure?" No. The tax lien sale and foreclosure statutes explicitly provide that easements and
certain liens for special improvement district assessments are not extinguished by the sale or foreclosure of property tax
liens.
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Why Should I Subtax My Certificate of Purchase? |
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May 18,
2009
"I bought a certificate of purchase at the tax lien auction. I understand that gives me a right to
pay subsequent delinquent taxes on the same parcel and add those amounts to the certificate of purchase. Why should
I?"
On or after June 1, existing certificate of purchase holders have the first right to add the next
delinquent year's taxes on the parcel to their certificate. The additional tax amounts will bear interest at the original
bid rate on the CP. There are several considerations to keep in mind when deciding whether or not to pay subsequent
delinquent taxes on a certificate of purchase. The decision can impact both the likelihood of CP redemption and successful
foreclosure.
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Exit Strategies Other Than Foreclosure |
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February 9, 2009
"I bought tax liens several years ago that have not been redeemed and I don’t want to deal with foreclosure on
them. What else can I do?" Arizona tax liens are now subject to statutes of limitations so that if you
do nothing, they will eventually expire and you will be able to write them off as a tax loss. Assuming you would like to
receive some value for them, if not have them be redeemed, you could sell the tax lien to a willing buyer for whatever price you can
negotiate. That price may simply be the redemption value of the tax lien, which you can obtain from the County Treasurer’s
office, or a greater or lesser amount based on other variables such as the quality of the property and unique facts known
about the owner or the likelihood of foreclosure.
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Negative Return (Loss) on Tax Lien Investments - Yes, It's Possible |
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February 1, 2009
"I bought a tax lien at the auction in February and it was
redeemed right away, before the end of February. My refund check was less than what I paid in the first place. I thought I
was supposed to make money with this investment. What happened?" Your negative return on investment
was likely caused by two factors - an unreimbursed transaction cost, and no interest earned in the sale month.
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Record property tax-lien sale anticipated |
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$47.5 million in
delinquent bills set for investors by J. Craig Anderson - Jan. 22, 2009 12:00 AM Arizona Business
Gazette Maricopa County is gearing up for its largest sale of delinquent property tax liens on record, an
estimated $47.5 million worth of unpaid taxes available for purchase by investors. Bidding on property tax liens
occupies a relatively obscure niche in the arena of real estate investment, but experts say investors who know what they're
doing can achieve a fairly reliable rate of return with interest as high as 16 percent. "It's a pretty small
universe of people that actually get into it," said Mark Manoil, a Phoenix lawyer who specializes in property tax issues and
has written a book about tax lien investing.
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