Tuesday, November 19, 2019

Tax Sale General Information

Geary County real estate tax foreclosure sales are held periodically to collect unpaid real estate taxes. This information is intended to help you understand the sale process and to assist you in successfully purchasing property at the next tax sale.

Before the Auction

Approximately 30 days before the next tax sale, notice of the sale will be published in the Daily Union. You may contact the newspaper at 222 W 6th St., Junction City KS 66441 or call (785) 762-5000 for subscription information.

It is your responsibility to acquire information about the properties that interest you to determine if they are suitable for your use. You may want to: determine the location and type of property; check with the city or county for zoning and building limitations; check with the County Appraiser for assessed value and current tax rates; check with the Register of Deeds for easements and restrictive covenants; and view the property.

The current owner(s) may redeem the property at any time prior to the day of sale. A list of properties which have been included in the sale publication but which have been redeemed prior to the sale will be on display at the sale. They will not be offered for sale.

The Auction

The properties will be sold by public auction to the highest qualified bidder. Bidders are reminded that the auctioneer's acceptance of the high bid constitutes an enforceable contract. The County has the right to bid on properties up to the amount of taxes and interest owed. Some properties may sell for less than the taxes owed, some may sell for more.

Registration prior to the sale is required. No bids will be accepted unless the bidder has registered and signed the Bidder's Affidavit, under oath, stating that the bidder meets the statutory qualifications for bidding on tax sale property. Registration will be held the morning of the sale, beginning at 8:30 a.m. No person may register as a bidder if that person is the record owner of any real estate located in Geary County, Kansas, upon which there are any delinquent ad valorem property taxes or delinquent special assessments in existence as reflected by the records of the County Treasurer (K.S.A. 79-2812).

State law provides that no tract shall be sold either directly or indirectly to any person having a statutory right to redeem the real estate prior to sale for a bid amount which is less than the judgment lien, interest cost charges and expenses of the proceeding in the sale.

If a tract purchased at the sale is transferred, sold, given or otherwise conveyed to any person who did have a statutory right to redeem such tract prior to such sale, within 10 years from the date of the auction, such person shall be liable for an amount equal to the original judgment lien and interest thereon from the date of the public auction (personal judgment).

Each successful bidder will be required to sign an affidavit which shall be filed with the Clerk of the District Court stating the purchase was not directly or indirectly made for any of the following:

(1) Any person having the statutory right to redeem such real estate prior to the sale, pursuant to the provisions of K.S.A. 79-2803, as amended;

(2) Any person who held an interest in such real estate as owner or holder of the record title, or any mortgagee or assignee that held an interest in such real estate, at any time when any tax constituting part of the County's judgment became due;

(3) Any parent, grandparent, child, grandchild, spouse, sibling, and trustee or trust beneficiary of any person enumerated in paragraph (2);

(4) Any current or former stockholder, current officer or director of a corporation holding title to such real estate, or any person having a relationship enumerated in paragraph (3) to such stockholder, officer or director.

Properties will be sold by legal description and by county tax identification number. If the property is subject to a federal tax lien or federal judgment lien such lien will be so designated when it is sold.

Properties are sold as is. There are no warranties.

All properties must be paid for on the day of the sale. Cash or checks are accepted. Checks should be made payable to the Clerk of the District Court. The buyer will receive a receipt upon payment.

State law requires that a $6.00 recording fee be collected at the time payment is made, and an additional charge of two dollars per page after the first page. The clerk will estimate these charges. Overcharges will be returned to the buyer. Undercharges must be paid prior to recording.

After the Auction

The court will hold a hearing approximately 30 days after the auction to determine whether to confirm the sales. Deeds cannot be issued until after confirmation of the sale. After filing, the deed will be mailed by the Register of Deeds to the buyer.

There is no redemption period after the sale except for properties subject to a federal lien. Deeds for properties without a federal tax lien will be issued and recorded by the Sheriff of  Geary County, as required by statute, after checks clear and after confirmation by the court. Deeds for properties subject to a federal lien will not be issued until the expiration of the federal redemption period, and then only if there has been no redemption. The redemption period for a federal tax lien is 120 days from the date of the sale; the redemption period for a federal judgment lien is one year from the date of sale.

All other liens of record will be extinguished upon confirmation of the sale; however, covenants, restrictions and easements of record are not extinguished, and the buyer takes the property subject to those encumbrances.

The buyer is responsible for any taxes and assessments which are not included in the judgment, including the full amount of taxes assessed against the property for the calendar year in which the auction is held.

The County makes no assurances that you can obtain title insurance guaranteeing the marketability of the property purchased at the tax sale, nor title insurance for a bank to which you may grant a mortgage, nor title insurance to a subsequent buyer from you. You should contact a local title company for information concerning the availability of title insurance.

The buyer is responsible for taking any necessary legal action to obtain possession of the property, such as by filing an eviction proceeding.

The original owner will have twelve months from the time the deed is recorded to legally challenge the sale procedures followed by the County. If such a challenge is successful, the property could revert to the original owner, in which case the court would order your purchase price refunded to you. The twelve month limitation does not apply to efforts based upon inadequate service of process.

This material is provided by the Geary County Treasurer's office for general information purposes. It is not intended as legal advice nor as a complete statement of the law regarding tax foreclosures. The procedures described above are subject to change at any time, dependent upon changes in state law and County policies. For further information, please contact the office of the Geary County Counselor, 801 N Washington, Suite A, Junction City KS  66441 (785) 762-4343.

When will the next tax sale be held?
Tax sale date is August 28, 2013 at 9:00a.m. The last tax sale in Geary County was held November 7th, 2012.

Can I register to particiate prior to the day of the sale?
No. You must register in person the morning of the tax sale between 8:30 a.m. and 9:00 a.m.

Can I place bids ahead of time on the available properties?
No. The sale is a public auction. Properties will be sold to the highest bidder.

How do I pay for property purchased at a tax sale?
The Clerk of the District Court will accept cash, personal checks, and certified checks. No payments by credit card will be accepted, and properties must be paid for by the close of the sale.

How can I get my property out of a tax sale?
You may redeem your property by contacting the County Treasurer's office at (785) 238-6021 and by paying all taxes, interest, penalties, and court costs assessed against the property. You may redeem the property up to 5:00 p.m. the day before the tax sale.

The newspaper listed a property that will be auctioned off on the courthouse steps. How do I get more information on it?
Properties that are auctioned off "on the courthouse steps" are being foreclosed on by a private mortgage company (a "Sheriff's Sale"). You must contact the attorney representing the mortgage company. That name and contact information will be in the Notice of Sale published in the newspaper