Property Tax Lien Law
What is a tax lien?A tax lien is a lien that has been imposed by law on a property so as to assure that the payment of taxes will be made. Tax liens may be put on a property for a number of tax delinquencies such as on personal property, real property, income, or other taxes.
What is the process for redemption on a tax lien?A tax lien is placed against a property when a homeowner defaults on their property taxes to the county in which the property is located. This tax lien must be paid off before the title of property transfers from the owner of the property to the owner of the tax lien. The redemption periods allows the owner of the property to make payments on the taxes to the county, which enables them to obtain a clean title to the property. Once the homeowner has paid off the taxes in full to the county, then the county will release the tax lien and the title will be returned to the homeowner, unblemished by the county’s interest.
In the state of New Jersey when a tax lien has been imposed how long is the right of redemption?In the state of New Jersey, the right of redemption is 2 years from the when the tax lien was purchased; the tax lien would have to be repaid along with 18% interest. Notice of the tax lien will be given to the party on which the tax lien is against by the tax assessor prior to the tax lien being placed. Once a party has purchased the tax lien, the two year right of redemption period begins. The lien may be sold to other parties but the right of redemption stays intact at the time period it is in, for example if the tax lien is sold 6 months after the original purchase, the right of redemption is one and a half years left. If a tax lien is not given with proper notice then the party on which the tax lien was placed may go to the court and file a suit for the improper tax lien, and seek to have the improper tax lien vacated.
How does an individual take full possession of a tax lien sale property after the right of redemption has ended?After the right of redemption period ends, the purchaser of the tax lien may bar forever the redemption of the property by having a notice of foreclosure served to the taxpayer who was delinquent, and other individuals that may have any recorded title or interest in the property in the county in which the property is located. This notice may not be served until the end of the right of redemption period. The person who purchased the tax lien must write and provide a copy to each party served a notice that is in accordance with the form lined out in the statutes. Then the purchaser of the tax lien must provide this notice and the copies along with a list of the parties that are to be served to the sheriff in the county in which the property is located.
The purchaser of the tax lien property must serve this in no less than 45 days before the end of the right redemption period which is set in the tax lien sale papers, and the sheriff must serve these papers in 15 days to all the person on the list provided by the tax lien holder, and must make an entry of the service of these papers.
If the sheriff is unable to serve the papers to the parties, and makes an entry stating such, then the purchaser of the tax lien must publish the notice in the newspaper that is the official one for the county once a week consecutively for two weeks. This notice will constitute as service. After payment for the sheriff’s cost, the purchaser must be returned the original notice, which may then be recorded on the record of deed in the Superior Court Clerk’s office in which the land with the tax lien is located.
There are tax lien sales going on around the United States all the time. How do these sales occur? What are the rights a person has buying a tax lien property? Can the people who were delinquent on their taxes in some form or another retrieve their property? The law can be straight forward and it can be confusing to the lay person with its legal jargon, the best way for a person to know and feel comfortable in their decision to purchase a tax lien property or know what they need to do to retain their property is to simply ask an Expert.