Fourplex built across two parcels- 1 parcel up for tax deed sale

Fourplex built across two parcels- 1 parcel up for tax deed sale

Rental Property Investor · Tucson, AZ · Member since 2014 · 19 posts · 1 vote

There is a tax deed auction in my county next week that I will be participating in. A property that I am looking at has a very nice fourplex built across two distinct neighboring parcels. Each parcel has its own APN and ATN with a grant deed in the name of a sole individual. The fourplex is roughly placed across the two parcels such that each parcel contains about 50% of the improvement. One of the parcels is paid current and the other has a county lien imposed against it in the amount of the accrued back taxes and associated fees- this is the property that is up for tax sale. Interestingly enough, the county assessor's site lists the parcel that is up for sale with an improvement value roughly half that of the neighboring parcel with the same build year, but 0bd/0ba. The county assessor's site lists the property that is paid up with 8bd/4ba.

I have scoured the forums and did not find any related topics to this question, other than the issues of easement, where a property only partially encroached on the adjoining lot or building codes may have been in set-back violation. My question is- what strategies exist for the investor that may win this tax deed? Is the new owner limited to court actions, or is it best to try and settle the deal in the 4 days before the auction start with the homeowner? Perhaps they have no idea that they are in tax default? In California, the land owner has 5 years before the property goes up for public auction. I see that there is a recorded deed in 2011 on the parcel that is paid up. I am only speculating here, because I have not yet been to the recorder's office to perform the chain of title research yet, but the owner likely paid the property off in full five years ago and did not realize that they were responsible for tax payments on both parcels.

Again, what would others do with this tax sale and what would the investment strategies look like on this one?

Thank you in advance!!

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  • Karen MargraveBusiness Member
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    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    10y

    Personally, I would stay away from such a deal, it's a can of worms and title may be clouded due to the other parcel. 

  • Investor · Dallas, TX · Member since 2014 · 51 posts · 20 votes
    10y

    I'll take it!  Let's talk!

  • Rental Property Investor · Tucson, AZ · Member since 2014 · 19 posts · 1 vote
    10y

    Any other opinions? Angel Gutierrez was driving at something in a PM when he discussed step one as being in a position to control the property with an ownership position. I am struggling with what an investor can do even though they may have one of the two parcels deeded to them with the previous owner still in full control of the property and with an ownership position in the other parcel. Is this property doomed for litigation? 

    Tax auction starts in 3 days!

  • Rental Property Investor · Tucson, AZ · Member since 2014 · 19 posts · 1 vote
    10y

    Okay, so here is what I was able to find out while researching title: the property was most recently deeded to another investor in 2011 but the legal description omitted the neighboring parcel! Because of this, the original owner is still on title for the tax defaulted property, hence why it is up for auction. Does this error become reconciled with the title company that provided the title search and title insurance? Where does this leave the investor that purchases the tax defaulted property?

    Additionally, the parcel that is up for auction lists the use code as

    0200 - DUPLEX OR 2 LIV UN 1 PARCEL

    Whereas the neighboring parcel's use code is

    0400 - FOURPLEX OR 4 LIV UN ON 1 PARC

    and the trustee deed lists a four unit multifamily as a rider on the mortgage documentation.

    Any ideas?

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    Very sly owner - - default on one and keep the other current.  As long as the mortgage is kept current, the County can only sell off the tax lien, not possession.

    It would be interesting to find the building permit for this Quad.

  • Rental Property Investor · Tucson, AZ · Member since 2014 · 19 posts · 1 vote
    10y

    I did not bid on this parcel, but I was interested in learning from it. Oddly enough, the sale was cancelled by the county after the successful bidder had won it for $103,000, when ARV for the entire building structure is ~$260,000!!! I had reached out to the title company that insured title on the latest sale for the property (it was listed on the MLS and advertised as a fourplex) and they had no idea about the issue. After looking into it, I wonder if the title company was able to somehow get the sale thrown out?

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