Originally posted by Jenny Peters:
I'm a newbie considering bidding on a few properties at an upcoming tax title sale. I'm in Louisiana and I'm a little confused about the bid-down percentage method we use. In the unlikely event the owner goes the full 3 years without redeeming the property, how does having a lower ownership interest (say 1%, for example) in the tax title effect my rights to the property? What other liens would take priority over parish or city tax liens that could prevent me from from gaining full ownership? Anything else I should be aware of before I bid?
Sorry if this question has been answered elsewhere. I've done several searches and I'm not coming up with the answer I'm looking for.
Hi Jenny, I am also from Louisiana and have been going to the tax sales the last 3 years. It is hard to find any helpful information online about Louisiana Tax Sales.
The % bid process I believe was just added 4-5 years ago so it's still relatively new. I've been to several tax sale auctions in person in SELA and have NEVER seen anyone bid down below 100%, which is great. HOWEVER more parishes are starting to hold their auctions online which almost every decent property over $1200 goes for 1%.
How does having 1% affect you if it goes over 3 years. Well, first off anyone who bids 1% is gambling on the fact that the owner will redeem the property and NOT go over 3 years. Having 1% ownership after 3 years allows you to do the following:
- Cloud title: You can contact the owner and inform them that you will be suing to quiet title and confirm your tax sale, but if they wanted to buy you out you could quit claim your interest to them for $xxxxx .
- Sue to Quiet Title and then force a sale. Even though you only have 1% interest in the property you are still an owner and can force the property to be sold at a sheriff's auction. The only problem is, once this happens you will get 1% of the sale and the original owner will get 99%. In this case you will lose almost every time. For example if you purchase a property at the tax sale that has a real value of $200,000 with a tax bill of $1,000. You pay the taxes for 4 years (before you can take ownership you will have paid for 4 times) plus you have attorney fees and court costs, you could have easily spent over $6,000 to confirm your ownership in the land, which is only 1%. If you and the other (99%) owner can not work out a deal for him to buy you out, then a sale would be force. Let's say the property sells for $200,000 you get 2K the other owner gets 198K. You lost a lot of money. Bidding 1% is a dangerous game unless you are certain the owner will redeem the property, in which case that is done by people who are solely looking to invest just to make a high % return on their money. But they take the risk that if the property is not redeemed and if the original owner does not want to buy them out then to put it blunt you are basically screwed.
Hope that helps.