Tax Sale Information
INFORMATION CONCERNING JUDICIAL TAX FORECLOSURE SALE
ATCHISON COUNTY COURTHOUSE
MAY 3, 2017 AT 1:00 P.M.
This Information is provided by the Atchison County Counselor for general informational purposes only. It is not intended as legal advice or as a complete statement of the law regarding tax foreclosures.
1. This sale is held pursuant to K.S.A. 79-2804.
2. Each interested bidder must obtain a bid number in order to bid.
3. No bid number will be issued to any person who is the record owner of any real estate upon which there are any delinquent taxes or special assessments as reflected by the records of the Atchison County Treasurer.
4. In addition, a bidder may not buy a particular parcel if the bidder has a statutory right to redeem that parcel. That includes any person who has (or had) “an interest” in the tract, or who is an heir, parent, grandparent, child, grandchild, spouse, sibling, trustee, stockholder, officer, director, or who is acting on behalf of any such person who had a statutory right to redeem.
5. The auction will be conducted by Atchison County Sheriff Jack Laurie.
6. Each tract will be sold to the highest bidder.
7. Bidding will begin at $32 per tract. This is an increase from prior years, and is necessary because the filing fee for recording deeds has increased.
8. After the sale, each successful bidder will be required to sign an affidavit stating that he/she has not purchased the property either directly or indirectly for anyone having the right to redeem. (K.S.A. 79-2804g.)
9. Based on Notary Public guidelines, each purchaser will be required to provide a photo ID prior to signing the affidavit.
10. Deeds will be prepared from information included on the affidavit. Please make sure the information is correct.
11. Successful bidders must pay for their purchases at the conclusion of the sale. Payments will not be accepted until all tracts have been sold.
12. Successful bidders must make two distinct payments. First, a payment in the amount of “$32 to the Register of Deeds” for the recording fee for the deed. Second, the balance of the successful bid must be made payable to the “Clerk of District Court” for the purchase of the property.
13. The sale of all property will be enforced. The County will take all necessary steps to collect on bad checks from this tax sale, collect from those persons stopping payment on a check, or collect from those purchasers attempting to back out of the sale for any reason whatsoever.
14. For any property that sells for more than the amount of the County’s total lien, the excess proceeds will be distributed upon order of the Court and pursuant to K.S.A. 79-2803.
15. ATCHISON COUNTY IS NOT GIVING ANY WARRANTY OF TITLE TO ANY PARCEL.
16. There are no warranties as to the condition or attributes of the property. Under Kansas law, tax sale purchasers take property under the premise of caveat emptor/buyer beware. Potential purchasers are charged with notice of all defects or problems with the property.
17. The property is being sold based up the legal description only, not the commonly known address or the parcel identification number(s). Rely only on the legal description and not on the address or parcel identification number(s).
18. All property is sold subject to easements, restrictions, and covenants of record.
19. Pursuant to court order we are selling real estate only.
20. Any personal property that is located on the real estate is not included in the sale.
21. If there is a mobile home, a manufactured home, or other personal property located on the property that property is not part of the real estate being sold. A buyer does not get title to any personal property on the purchased property. In such a case the buyer may need to consult with his or her own lawyer in order to determine how to dispose of any personal property found on the premises.
22. A buyer takes subject to any pending actions to condemn the property for code violations or any environmental enforcement proceedings. We have no way of determining whether any of the parcels we sell as part of tax foreclosure proceedings are part of such actions. It is up to the bidder to have done the research.
23. Some properties sold at the auction may be subject to a federal lien.
a. The United States of America, Internal Revenue Service, has a lien against Tracts 75 and 108. The Internal Revenue Service is entitled to a period of redemption of 120 days.
b. The United States of America, Small Business Administration, has a lien against Tract 75. The Small Business Administration is entitled to a period of redemption of one year.
c. Each of these tracts will be sold along with the other tracts. The purchaser must pay the amount of the successful bid at the time of the sale.
d. After the sale the Internal Revenue Service and/or the Small Business Administration may redeem the property by paying at least the amount of the successful bid. In addition, interest and some expenses relating to the property may be required. If you have questions about these matters, you should contact your attorney. In the event of a redemption, the amount paid for the redemption will be refunded to the successful bidder.
e. A DEED WILL NOT BE ISSUED UNTIL THE REDEMPTION PERIOD OF THE UNITED STATES HAS PASSED. THE PURCHASER AT THE SALE WILL NOT BE ENTITLED TO POSSESSION UNTIL A DEED IS ISSUED.
24. All other liens, which were of record, will be extinguished upon confirmation of sale; however, covenants, restrictions, and easements of record are not extinguished, and the buyer takes the property subject to those encumbrances.
25. The tax sale statutes (K.S.A. 79-2804) provide that the successful purchaser will be vested with fee simple title, which excludes all other parties who have been sued in the action.
26. Each successful bidder will be responsible for 2017 and subsequent year taxes on the tracts that they purchase. Those taxes are due November 1, 2017, and the first half payment is due December 20, 2017.
27. Special assessments for sewer, paving, and water will be pro-rated from the date of judgment. The purchaser will then be responsible for the special assessments until they expire or until the purchaser transfers the property.
28. Any assessments for demolition, weed cutting, or nuisance removal that have been certified to the County prior to the date of judgment will be abated. Any such assessments that have not yet been certified to the County may become a lien on the property, even if the assessment is for work that occurred prior to the date of the sale.
29. After the sale, the Court must “CONFIRM” the sale and authorize the Sheriff to issue the deeds. As part of this process, the Sheriff must prepare and file a sales return with the Court. Thereafter the County Counselor will file a Motion requesting that the Court approve and confirm the sale. Once the Motion is granted, the Counselor will prepare the deeds and have the Sheriff sign them. The Register of Deeds will record the deeds and mail them to the purchasers. This process may take several weeks, depending upon issues arising post-sale.
30. The deeds will be made in the name of the purchaser as stated on the Purchaser’s Affidavit. In the event that a single bidder purchases more than one tract or parcel, a separate deed will be issued for each tract or parcel purchased.
31. The County does not guarantee that any purchaser will be able to purchase title insurance.
32. A purchaser at this sale is NOT the owner of the property until such time as a Deed is recorded.
33. A PURCHASER WILL NOT HAVE THE RIGHT TO POSSESSION UNTIL THE SALE IS CONFIRMED BY THE COURT AND THE DEED IS FILED.
34. Until the Sheriff’s Deed is recorded a purchaser may not have a right to collect rent or require the owner to leave the premises. A purchaser does not have the right to start removing, demolishing, cleaning up or otherwise altering the property. A purchaser does not have the right to change the locks on the property until after the Sheriff’s Deed is recorded.
35. If there are occupants in the property at the time the deed is recorded, the purchaser may not breach the peace trying to take possession. If this occurs, the purchaser should seek the advice of his or her own attorney. The purchaser might need to obtain a court order directing the sheriff to evict the occupants. Atchison County is not responsible for expenses involved in any action to obtain possession.
36. If a structure on the property is damaged or destroyed by fire or other casualty, this is not a basis to set aside the sale. This is the case even if the damage occurs after the sale but before the deed is issued. This is a risk of purchasing tax foreclosure property.
37. During the time period after the sale the purchaser may be able to obtain property insurance on the property. Each purchaser should consult with an insurance agent as to when the purchaser has a sufficient interest to obtain insurance on the property.
38. Actions to open, vacate, or modify the foreclosure proceedings may be instituted for any number of reasons. (K.S.A. 79-2804b.) For twelve months after the date the sale is confirmed by the court, a legal challenge may still be made questioning the foreclosure procedures. If an individual claims he/she was not properly notified and attempts to challenge the tax sale, he/she could legitimately come into court and challenge the sale.
39. For this reason, Atchison County recommends that no improvements be made to the property until 12 months after the date the sale is confirmed by the Court.
40. In the unlikely event a sale is set aside, Atchison County will refund the purchase price of the property plus interest (K.S.A. 79-2804c). The County will not, however, refund any purchaser for the cost of improvements made to the property or for insurance, or other expenses, incurred.
41. If the purchaser transfers, sells, gives, or otherwise conveys the property to any person who had a statutory right to redeem prior to the sale, within ten (10) years of the date of the sale, such person shall be liable for an amount equal to the original judgment lien and interest thereon from the date of sale as required by K.S.A. 79??2804g(c).