Reply To: 第一期第四组交作业处2021-01-16 21:30
Reply To: 第一期第四组交作业处
Michelle想想，红顶商人，小雨，张琪（SARAH），高伟，我在美国三十年，KELLY，TONY王东，尔湾HELEN，CECE,呸裴俖Pei, ELENA,杨秀清，Jean静美国地产，J森,FRANK ZHANG
3, 该市场销售的是税留置权 （Tax Liens）还是税地契 (Tax Deeds), Redemption Dees? Kelly
加州是Tax Deed state, 也是Redemption deed state.
德州是混合州，既有Tax lien, 也有Tax deed. Auction是拍卖Tax deed.
4, When are the taxes assessed and when do they become delinquent? 房地产的税务评估何时进行的？税款拖欠起始日期？KELLY
加州：每年分两次付，第一次11月1号Tax due, 在12月10号Becomes delinquent ; 第二次2月1号Due, 到4月10号Becomes delinquent . 之后付的话就有10%的Penalty ，到六月底不付的话成为Default , 之后五年内可以Redeem with penalty and interest (每月1.5% ）。五年后property就被拍卖。
5. 税务留置权售出方式是什么，是线上拍卖， 还是现场拍卖？ MICHELLE
6. How does the bidding work (do you Bid down the interest rate, pay a premium, or bid down ownership interest)?拍卖方式（是否由高向低拍利率，支付溢价，或由高向低拍房地产所有权利息）？
7. are the sale procedures and does the local government have a brochure or printed materials that outline the process?税务销售流程？政府是否提供小册子或印刷材料概述过程？AMY ZHAO
税收销售在每月的第一个星期二在县法院进行。销售是利用溢价投标系统进行口头竞价拍卖。开标金额包括 3 至 5 年的应缴税款、罚款和上一个完整税务年度所欠的费用。地契拍卖就是不断加价，直到出现一个最高价。地契被授予出价最高者。
8. What is the interest rates or penalties to be earned?应赚取的利率或罚款是多少？AMY ZHAO
9. If redemption occurs mid-month do you get the entire month’s interest?如果月中赎回，你会得到整月的利息吗？HELEN
California does not create tax lien certificates.
If the delinquent taxpayer wishes to redeem the property, they must pay a full interest penalty calculated from the final price paid by the investor at the auction. For example, if the delinquent taxpayer wishes to redeem the property 3 weeks after the tax sale, they must pay the full 25% return in addition to the costs and fees.
10. Are physical certificates printed and what is the timing of their receipt? 是否有打印的实物证书？多久提供收据？HELEN
Successful bidders must pay by cashier’s check, wire transfer or electronic funds transfer within three (3) business days after the sale closes. Once you pay for your winning bid, the county has to do the paperwork to transfer the deed to your name. Each county as different rules and different lengths of time for this. “The winning bidder may take possession of a property after the Tax Deed to the Purchaser has been recorded, which is between 60 and 70 calender days after the date of the tax sale”.
The higgest bidder at this auction will be required to pay the full dollar amount bid in cash, or cash equivalent instrument, within a very short amount of time, usually one day or less. Upon payment, the purchaser receives a receipt for the payment, and is entitled to immediate use and possession of the property.
The officer making the sale shall prepare a deed to the purchaser of real property at the sale. As soon as practicable after a deed is executed by the officer, the officer shall either file the deed for recording with the county clerk or deliver the executed deed to the taxing unit that requested the order of sale, which shall file the deed for recording with the county clerk. The county clerk shall file and record each deed and after recording shall return the deed to the grantee.
11. What is the redemption period and can property owners be contacted during the redemption period? 赎回期限多久？赎回期间可以联系原业主吗？PETER
Answer: CA:Property on which taxes remain unpaid at 12:01 a.m. on July 1 becomes tax-defaulted land. Property that is tax-defaulted after five years (or three years in the case of property also subject to a nuisance abatement lien) becomes subject to the county tax collector’s power to sell that property in order to satisfy the defaulted taxes. The county tax collector must attempt to sell the property within four years after it becomes subject to sale.
TX: The Redemption Period can be 180 days or 2 years.
12. What are the redemption rights of the property owner?产权人的赎回权有哪些？PETER
CA: The owner of a tax-defaulted property has the right to redeem the property up until 5:00 p.m. or the close of business on the last business day prior to the tax sale.There is a one-year statute of limitations to bring an action to overturn a tax sale. Title companies will generally not issue title insurance until after the statute of limitations has expired.
TX: The owner of real property sold at a tax sale may redeem the property…by paying the pu，，rchaser the amount the purchaser bid on the property, the amount of the deed recording fee, the amount paid by the purchaser as taxes, penalties, interests and costs on the property, the amount paid to preserve, maintain and safekeep the property and the penalty return amount
13. What is the life of lien? When does it expire? 留置权的有效期是多久？什么时候到期？SARAH
Tax liens in Texas expire after ten years
Is effective for at least 10 years (may be extended)
14. 止赎程序 （Foreclosure）如何？SARAH
•The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. Day 120, When your home loan is officially in default, the bank must file a Notice of Default with the court.
After 180 days, you’ll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.
Day 200, After you’ve received a Notice of Trustee Sale, the bank can set a date for the auction.
•Many foreclosures go beyond 200 days. Most in California are nonjudicial, meaning going through the court system is unnecessary.
•You can stop foreclosure in California either by making a big enough payment toward your mortgage, or filing for bankruptcy. Bankruptcy can help debtors keep their homes, either through a liquidation Chapter 7 bankruptcy or repayment plan under Chapter 13. The automatic stay is one of the most beneficial aspects in bankruptcy in that it keeps your house safe from the bank while you go through bankruptcy. Foreclosure must stop.
1. Notice of Default and Intent to Accelerate
Texas law requires the servicer to send the borrower a notice of default and intent to accelerate by certified mail that provides at least 20 days to cure the default before a notice of sale can be given.
2. Notice of Sale
After the cure period has expired and at least 21 days before the foreclosure sale, the servicer then sends a notice of sale via certified mail to each borrower obligated to pay the debt.
3. The Foreclosure Sale
At the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Texas, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment (see below) against the borrower. If the lender is the highest bidder, the property becomes what’s called “Real Estate Owned” (REO).
But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds—that is, money over and above what’s needed to pay off all the liens on your property—you’re entitled to that surplus money.
15. Is a quiet title suit required? 是否要求产权清晰诉讼？FRANK
加州：如果有人要占有或部分占有房子（CLOUD），加州是需要QUITE TITLE SUIT的。一般时间是8-10个星期完成诉讼。
· Adverse possession: The law allows trespassers to posses or claim property ( especially land) that they use as their personal property if certain requirements are met. This principle is called adverse possession. You can file a quiet title action to prevent squatters from claiming your property.
· Boundary disputes: There is likely to be a boundary dispute if the deeds of adjoining property owners do not clearly describe their properties. In such a situation, a court is likely to rule in favor of the property owner whose deed was recorded first.
· Surveys that conflict: It is possible for neighbors to have surveys that conflict with one another. Surveyors can solve this by reviewing the chain of title. A quiet title action can be filed by either party for a clear title.
16. How does the holder of the tax lien take ownership if redemption does not occur?如果未有赎回，税留置权持有者如何取得物业所有权？FRANK
17, What is the expected period before clear title can be obtained?多久可以获得清晰产权？YUAN
18, What other items or situations impact the priority status of the lien?还有哪些事项或情形可以影响留置权的优先级？YUAN
IRS lien 会影响留置权的优先级。
19, Are there special noticing requirements in existence that could impact the status or priority of the tax lien?是否存在可能影响税收留置权的地位或优先级的特殊通知要求？Frank
Depending on state and federal laws, certain liens, like those placed on a property for the collection of property taxes, special assessment taxes, homeowners’ association (HOA) or condominium association (COA) assessments, and contractor fees, might have priority over first mortgages and other earlier-recorded liens.
Generally speaking, unless the IRS properly files a notice of its federal tax lien first, a purchaser will have priority over the federal tax lien. Similarly, unless the IRS files a NFTL first, the holder of a security interest, mechanic’s lienor, and judgment lien creditor will have priority over the federal tax lien.
The Internal Revenue Service or state tax collector can also file liens against your property if you have unpaid income taxes . These liens can assume higher priority than lender or lawsuit judgment liens, but their ability to enforce their rights is determined by local or state laws and regulations. However, they can attain higher priority than their recording date indicates depending on state regulations. The IRS has “redemption rights,” regardless of their position per their recording dates. The IRS has 120 days to redeem a foreclosed property. If you have sufficient equity to pay off your mortgage(s), the IRS may redeem the property to generate cash to reduce the balance of overdue taxes.
总体来说，如果IRS提交了税收债务通知，就会比TAX LIEN优先。另外，法庭判决通知也会改变TAX LIEN 的优先级别。
State and local real estate tax liens take priority over all other liens on your property. How, when and by whom they are paid often depends on the foreclosure and who is foreclosing. For example, the state or municipality due unpaid taxes can foreclose. Your first mortgage lender can also foreclose if your mortgage loan is delinquent. However, since your mortgage balance is usually much higher than your delinquent home tax bill, many lenders will pay off unpaid property taxes to keep their first lien priority position.
20, Are there any put-back provisions that would allow the purchaser to put back the lien to the municipality (bankruptcy, incorrect advertisement, etc.)?是否有任何退回条款允许购买者将留置权退还给市政当局（破产，不正确的广告等）？ Frank
21, Are subsequent taxes available for purchase? If yes, what rate?可以购买后续税吗？ 如果是，利率是多少？ Frank
“Until the right of redemption has been foreclosed or the title has ripened by prescription, a tax deed has the same force and effect as a lien. Since defeasible title has been conveyed to the tax deed purchaser, liability for subsequent taxes would be the same as any other superior lien holder. If there is a subsequent tax sale of the same parcel, the tax deed purchaser will be listed as the owner along with the defendant in Fi.fa. (record owner) for purposes of levy and sale, despite not having foreclosed the right of redemption or having the tax deed ripen by prescription. Therefore, the tax deed purchaser may wish to consider the best possible avenue to protect their initial tax sale investment.”
22. 为了完成该份作业，你们参考了哪些网站，比如County网站，Tax Sale拍卖网站，这些网站对你们有什么帮助。 Frank
Answer: Various websites. Some is official and some is not certified.
2) CA San Diego County Tax Collector website.
3) Texas Harris County Tax Collector website.