Buying Tax Liens In Illinois
For the tax sales conducted in 2005 to 2008, Fred Bathon structured the tax sales in a way that eliminated competitive bidding and allowed the tax buyers to engage in price fixing by only bidding the statutory maximum interest rate of 18 percent. The tax buyers who pled guilty today were charged with making campaign donations to Bathon in exchange for receiving property tax liens at non-competitive interest rates.
buying tax liens in illinois
By 2007 and 2008, the bid rigging and price fixing was so pervasive that distressed homeowners were charged the statutory maximum interest rate on nearly every property tax lien sold. During the tax auction occurring November 14-15, 2007, 2,549 of 2,574 property tax liens were awarded to bidders for the statutory maximum interest rate of 18 percent, which represented 99.03 percent of the property tax liens auctioned. During the tax auction occurring November 13-14, 2008, 2,290 of 2,364 property tax liens were awarded to bidders for the statutory maximum interest rate of 18 percent, which represented 96.86 percent of the property tax liens auctioned.
Each tax buying entity (principal) may not have its/his/her/their actual or apparent agents, employees, or related entities, directly or indirectly register under multiple registrations for the intended or perceived purpose of having more than one person submitting duplicate bids at the tax sale for the intended or perceived purpose of increasing the principal's likelihood of obtaining a successful bid on a parcel. Representations & Warranties Form (PDF)
If you fail to pay your property taxes, the past-due amount becomes a lien on your home. This type of lien almost always has priority over other liens, including mortgages. Generally, when taxes remain unpaid, the taxing authority will eventually sell the lien (and if you don't pay the past-due amount to the lien purchaser, that party can foreclose or use some other method to get title to the home), or sell the property itself in a tax sale. Though, in some places, a sale isn't held; instead, the taxing authority executes its lien by taking title to the home. State law then generally provides a procedure for the taxing authority to dispose of the property, usually by selling it. In other jurisdictions, the taxing authority uses a foreclosure process before holding a sale.
3. Can you send me a list of the liens that will be available?Lists will be available approximately 10 days prior to the sale for a $70 fee. Those who purchase a list will receive an updated, printed copy at no charge on the day of the sale.
6. What happens to the liens that are not sold at the tax sale?All of the liens are sold at the tax sale. Boone County, as trustee for the taxing districts, purchases all tax liens in the absence of other bidders pursuant to 35 ILCS 200/21-90.We do not conduct a scavenger sale.
Tax liens usually occupy the priority position in your debts. When you sell your home, then, the holder of your tax lien is paid first, before your mortgage lender. No lender will agree to refinance your home, or provide funding to a prospective buyer, if they are not the first in line to collect their loan proceeds should you default on your mortgage loan.
The IRS generally has 10 years to collect on your tax liens. However, that doesn't mean that a federal tax lien will automatically disappear after that time. The IRS can extend this 10-year period, meaning that your tax debts might hang around longer than 10 years. This makes waiting for your tax liens to disappear is not the smartest strategy. Not only might they get extended, but a government body could move to seize your home while you're waiting for your liens to disappear.
And selling your home with a tax lien could be a challenge as you wait. Buyers won't be responsible for paying off the liens on your home after buying your property. But if you don't pay off the lien, there's nothing stopping government bodies from seizing the property even after it's sold. This could dissuade buyers from making offers on your home.
In 2009, Melvin and Steven started falling behind on the property taxes on the home, though neither of them realized it. "We thought we were current," Melvin says today. But then came a tax lien on the house and, in July 2011, a sale of the tax lien to Elm Capital LLC of Jericho, N.Y., a debt-collection operation that sometimes snapped up more than 100 liens at a time at the D.C. tax auction. Elm Capital had moved to seize the Phillipses' home through foreclosure.
The law requires cities, towns and other taxing authorities in the state to notify the Rhode Island Housing and Mortgage Finance Corp. of delinquent liens well in advance of tax sales. Rhode Island Housing then works with homeowners to help get tax payments back on track so they can stay in their homes.
In response to abuses, other jurisdictions have put protections in place. New York City won't allow tax liens to be sold on homes owned by low-income seniors, people with disabilities and veterans. Some counties in Michigan have done away with tax-lien sales and instead offer struggling homeowners payment plans. Maryland caps legal fees in tax-lien cases at $1,500.
And in D.C., Legal Counsel for the Elderly has been pressing for a new law that would, among other reforms, ban the sale of tax liens under $2,500 on primary residences, cap the legal fees and expenses that can be charged to homeowners at about $2,200 and establish an ombudsman to help distressed homeowners.
In recent years, the process of buying a home has become increasingly complex. Retaining a qualified, competent real estate attorney at the outset can save you costly mistakes throughout the process. Ideally, you should bring your real estate attorney on board before you make a purchase, and should consult with him or her before you sign any document. At the very least, if you feel you must submit an offer to purchase before your attorney has the opportunity to draft or review the offer, be sure the offer provides an attorney approval/modification contingency provision granting your attorney a reasonable period of time (several business days) to review and possibly revise the terms of the offer. Because any changes proposed during the attorney approval period may be deemed counteroffers having possible adverse legal consequences, it is best to consult your attorney before you submit an offer. The attorney approval contingency may also be limited by the offer to matters other than dates, purchase price, or other specified issues, thus limiting your attorney's ability to assist you.
A commitment to issue an owner's title insurance policy should be given to your attorney prior to closing. It will show who owns the property, what liens or other matters affect the seller's ownership (such as mortgages, unpaid taxes or judgments), as well as any easements, building restrictions, set-back lines or other matters of record which affect the property. Your attorney will review this title commitment and require that the seller clear up any items that are not permitted by your contract and could adversely affect your ownership rights. After closing, you will be issued an owner's title insurance policy which insures your ownership rights subject to the terms of the policy. Many form offers to purchase real estate include a provision which obligates the purchaser to take the property subject to all existing easements, covenants, reservations, and restrictions of record. If such an offer is signed by the prospective purchaser and accepted by the seller, the purchaser has already agreed to accept any objectionable encroachments which may exist, all without knowledge of their existence. This common occurrence once again demonstrates the necessity of having qualified legal counsel to assist you throughout the entire process.
Ohio Revised Code sections 5721.30 to 5721.43 permit the Franklin County Treasurer to collect delinquent real property taxes by selling tax lien certificates in exchange for payment of the entire delinquency.All eligible tax lien certificates are bundled together and sold as part of a single portfolio. The Treasurer's liens are transferred to the purchaser, who is entitled to recover the purchase price and accruing interest. Unlike other states, Ohio law does not provide for the sale of individual tax lien certificates or "over-the-counter" liens. 041b061a72