Quote from @Garret Broussard:
Quote from @Will Sifert:
@William Smith
Where did you see that? You may send notice but it’s not required. However the parish is required to send post tax sale notice shortly after the tax sale and before the redemption period expires.
2022 Louisiana Laws
Revised Statutes
Title 47 - Revenue and Taxation
§47:2156. Post-sale notice
Universal Citation: LA Rev Stat § 47:2156 (2022)
RS 47:2156 - Post-sale notice
A. Within the applicable redemptive period, the tax sale purchaser may send a written notice to any or all tax sale parties notifying the parties of the sale. The notice shall provide full and accurate information necessary to contact the tax sale purchaser, including the name, physical address, and telephone number of the purchaser. It shall be accompanied by a copy of the tax sale certificate received by the tax sale purchaser under the provisions of this Part and copies of the documents that the purchaser received with that sale. The notice shall inform the tax sale parties that the failure to redeem the property prior to the expiration of the applicable redemptive period will terminate the right to redeem the property, and the purchaser will have the right to seek confirmation of the tax title and take actual possession of the property. The notice shall be sufficient if it is in the form set forth in Subsection B of this Section.
B.(1)(a) For each property for which tax sale title was sold at tax sale to a tax sale purchaser, each collector shall within thirty days of the filing of the tax sale certificate, or as soon as practical thereafter, provide written notice to the following persons that tax sale title to the property has been sold at tax sale. The notice shall be sent by postage prepaid United States mail to each tax notice party and each tax sale party whose interest would be shown on a thirty-year mortgage certificate in the name of the tax debtor and whose interest was filed prior to the filing of the tax sale certificate.
(b) For each property which tax sale title was sold at tax sale to a tax sale purchaser, the tax collector shall within ninety days of the expiration of the redemptive period provide written notice to each tax notice party that tax sale title to the property has been sold at tax sale. The notice shall be sent by first class mail. The notice shall be sufficient if it is in the form set forth in Paragraph (2) of this Subsection.
@Will Sifert - Thanks for the wealth of info you provide here. I recently purchased a tax lien certificate in BR and I have been wondering about this. A few additional questions regarding this topic:
1) Given that it’s optional in Louisiana for a tax lien investor to notify the property owner, what are the pros and cons of choosing to do so?
2) In the event that the “owner” has been deceased for several years (10+), is the parish going to notify potential relatives/heirs at the start of the redemption period?
3) In the event that the “owner” has been deceased for several years (10+), should the tax lien investor reach out to potential relatives/heirs at the start of the redemption period or is that something to deal with 3 years down the road if nobody redeems?
1. Pros - They are more likely to redeem the property if you contact them. It's possible that they had forgotten to pay it or it was sent to a wrong address, they didn't know that a deceased family member owned it etc. You are solidifying your case when it comes time to file suit to confirm the tax sale and beyond that, when you go to get title insurance. If the owners were not notified it gives them a possible defense to try to annual your tax sale.
1. Cons - They are more likely to redeem the property if you contact them. This can be a pro or con depending on your investment strategy. If you are just investing for the interest and don't want to deal with potentially getting a property, then this is a pro. However, most people want to acquire the property so in that case it would be a con.
2. In most cases no. Every parish is different, some will go above and beyond with noticing while others will do the bare minimum at best. Step 1, they are suppose to send certified mail to the owner / address they have on file. If someone signs for the notice at that address, that's it they are done. If the certified mail gets returned, they are suppose to make a reasonable attempt to find a good address to mail the person. If they use a service like TLOxp.com they will get good information. If they do a google search or something half *** they probably wont find a good address. They are not going to do research to see if the person is still a live etc. In same cases there are no obituaries or ways to know if someone has died much less if or who their heirs are.
3. Yes if you want to have a redemption.
There is really no need to send a notice right after the tax sale (when the redemption period starts) unless you want a redemption to happen. By statute a notice is suppose to be sent 6 months before the redemption period expires. This is the only time during the redemption period that I send out notices. If it hasn't redeemed by this time I do extensive research to find out what is going on with the property and who the owners are. I notice all owners at this point because this is proper notice and if they don't redeem and I file suit they will have no leg to stand on if they received my notice BEFORE the redemption period expired. I can not count on the parish to do this job, correctly. It also gives me a good idea of which ones will redeem or not. If they sign and there is no mortgage on the property (or it has a lot of equity/value) they are going to redeem. If there is mortgage or expensive liens, the property is in bad condition, they probably wont redeem but it's still good to have their signature. If they don't sign / receive it then it will likely not get redeemed. In that case, I will likely wont be able to find them and I will have to have a curator appointed. Lots of different ways to handle different situations.