Tax Foreclosure AUCTION

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:

• Sign up for the "Notify Me" service
• Determine if the property has been redeemed
• Determine the location and type of property
• Check with the city orCounty Planning & Development 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
• Contact a local title company for information concerning the availability of title insurance

The County makes no assurances that you can obtain title insurance.

The current owner(s) may redeem their property at any time prior to the day of sale.  These properties 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.

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, except that this paragraph shall not prohibit sale to any person or such person’s assignee who held an interest in such real estate as mortgagee of record at the time of the sale;
2. Any parent, grandparent, child, grandchild, spouse, sibling, and trustee or trust beneficiary of any person enumerated in paragraph (1); and
3. 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 (2) to such stockholder, officer or director.

Properties will be sold by item number, 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.

Payment and Fees

All properties must be paid for on the day of the sale. Cash ($1,000.00 limit) or checks are accepted as well as debit or credit cards (2.5% processing fee when using debit or credit cards). 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 $21 recording fee be collected at the time payment is made, and there is an additional charge of $17 per page after the first page. The County Counselor's staff 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 sale.
• After checks clear and after confirmation by the Court, the deed is filed and will be mailed to the buyer.
• 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 they 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 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.

The County makes no assurances that you can obtain title insurance.