Wednesday, 22 July 2009

Understanding Order Of Liens On A Property

By Don Burnham

Buying a tax lien property is not as easy as buying candies. You cannot just purchase it from anywhere so you really need to do your research on where tax lien properties are offered for sale. Tax deeds are quite profitable too because it can also give you control over a property.

Before you buy a tax lien property you have to purchase the tax lien certificate first. In order to get a certificate you will have to bid on the sale in many cases. This process can differ from state to state, and county to county. The bidding process starts at 18% in Orange county Florida and they in fact begin to bid down from there. In other words, whoever is ready for the lowest amount of interest will end up winning the certificate.

However, certain characteristics of it remain to be the same - some bidding process requires you to bid lower or offer lesser interest than your competitor. By offering lesser interest, your chances of ownership will be increased because sellers would often look for the better, cheaper deals.

The different types of liens are indicated below:

IRS liens: IRS liens take precedence over any other lien on a piece of property. Once you find out the amount of the IRS lien, you may be able to speak with the IRS and negotiate how much they will accept to forgive the arrearage.

The IRS Liens - This type of lien is the best type of lien because you only need to know its amount. And you can do so by negotiating directly with the IRS. You need to do this to know the specifics on the price and conditions for them to grant you a certain lien.

Real Estate Liens. Real Estate Liens are a little harder to acquire than IRS Liens hence they are below the IRS Liens in the level of priority. The acquisition of Real Estate Liens involves bidding through an auction. Moreover, there are certain specifics about this type of lien.

If the first mortgage was paid by the original owner (i.e. completely paid), all other things below it on the list would not be included in your purchase.

If you are purchasing a second mortgage, you are also purchasing other succeeding priorities on the list. Hence, you really need to study Real Estate Liens to know what you really wanted.

Other liens: Other liens may include - Second Mortgage

Homeowner's Association Fees

Mechanic's Lien

Lawsuit

Judgment

All these other items go on the priority list by the date on which they were filed at the County Recorder's Office.

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