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[Cob] buying real estate for taxesWesley Sandel wsandel at gmail.comFri Jan 19 11:31:35 CST 2007
I actually wrote this post once before and didn't post it because I thought it was too long to be of interest. There isn't anything intrinsically ethically wrong with buying property for taxes, but it's difficult to view anyone who preys on the mentally infirm as higher on the food chain than a leech. Property taxes are generally used to fund (for the most part) the public schools (a funding scheme that I'm not crazy about, but that's a subject for a different venue) and I therefore consider them a good tax (is this an oxymoran?). Anyone that owns real estate knows that they have to pay taxes on it yearly. Real estate occasionally shows up on the tax auction list for valid reasons: e.g., the family has dwindled and when the last owner died there simply wasn't anyone that cared enough to follow up on the inheritance, or the owners don't think the property is valuable enough to justify paying the back taxes. There are people who make their living by buying tax auction properties. Generally, when property is auctioned for taxes, the owners have a grace period (varying from locale to locale) of something like five years to redeem the property by paying the back taxes. The person who bought the property at auction gets her or his money back, as it remains in escrow until the sale is final. So if you have capital you can invest like this, go for it. Be aware that you can't really make any improvements on the property until the sale is final (the grace period ends). You can probably build, but if the owner redeems the property, you'll lose everything you've built. How long a property can remain delinquent on its taxes before auction varies from county to county and town to town, and is a major issue with people who are interested in urban planning and urban renewal, because allowing owners to hold property without paying their taxes can (and often does) lead to a situation wherein developers speculate in properties in specific areas and just sit on them at no cost (outside of the interest their money would otherwise be earning). Houston is a very good example of this. The developers have the city officials that are in charge of the process of determining when properties are auctioned for taxes in their pockets (this is a true story: the man in charge of this process is on the payroll of a major developer to the tune of $30K A MONTH. When the paper ran an expose about this, he wasn't in the least bit ashamed. Makes you wonder about the meaning of public service). The developers buy up properties, both at auction and from the owners (often through schemes like sending loan agents around and offering the usually poor and uniformed owners mortgage loans that the lenders know the borrowers won't be able to pay, so they get the property by default). Then the developers just sit on the properties until they have enough of them that they can move in on entire neighborhoods and dis-posses the people that live there. Happens all the time. Sleaziness isn't confined to the city. Often, real estate speculators will have informal agreements with county clerks, who inform them of what properties are coming up for auction. We built a house in the woods as a retreat in the 1980s. The county clerk had our address in New Orleans and knew where to send the tax bill. But every year we would discover that the property had been sold at auction, and we'd have to redeem it. The clerk was deliberately not sending the tax bills to absentee owners, and the speculators were buying up the properties. If this worked only 10% of the time, the speculators would end up owning property for a small fraction of its cost. So if you buy property somewhere where you don't live, be especially cautious.
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