Colorado County Treasurers’ Tax Lien Sale - Notice to delinquent owner (39-11-101) No later that September 1st Allow at least 15 days from the notice day.

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Presentation transcript:

Colorado County Treasurers’ Tax Lien Sale - Notice to delinquent owner ( ) No later that September 1st Allow at least 15 days from the notice day to make payment - Publish delinquent listing ( ) First publication at least four weeks prior to the tax lien sale date Publish for 3 consecutive weeks on the same day of the week Post a copy of the published notice in a conspicuous place in the office

- Affidavit of posting ( ) Record with the Clerk - Publisher’s affidavit ( ) Treasurer to keep – may want to record with Clerk - County commissioners select publisher ( ) - Conducting the sale ( ) May be held live, in person, or via the internet

- Record of sale ( ) Must contain the date of sale, property description, owner’s name, purchaser’s name, total of taxes, interest, advertising, fees, subsequent years taxes paid, assignments, Redeeming party & date of redemption, total paid for redemption, to whom the deed conveyed.

- To whom sold ( ) Successful bidder [should have filed a completed W9 form] County Treasurer granted broad powers to set bidding rules - Recognition of buyers; numerical sequence, rotation or in the order in which bids are made.

- Determining order in which tax liens are sold - Treasurer may set minimum bid increases - Treasurer may set a minimum amount below which bids are not accepted - Treasurer may combine certain parcels - Treasurer shall announce rules prior to sale

- Certificate of purchase ( ) Issue to the successful bidder Assignable ( ) - Subsequent years taxes ( ) May be paid and added to lien

- Presentation for Treasurer’s deed ( ) Deed not to issue sooner that three years from the original tax lien sale date All subsequent years taxes must be paid prior to issuance of the deed Ascertain who is entitled to legal notice of deed application (title work)

Publish the deed application; first publication must be 90 to 150 days prior to the issuance of the deed. Mail notices certified, return receipt to those entitled May need to post property (court case) Issue and record the deed

- Statute of limitations ( ) Investor held lien – 15 years County held lien – 30 years ( [6][a])

- County officials and employees may not acquire tax lien or property by sale of a lien ( ) - No person or immediate family or agent during employment or term of office

- Redemption ( ) After sale but prior to deed by owner, agent, assignee, attorney or any person having lien or equitable claim or a prior tax lien holder. There may be a partial redemption by an undivided interest for a ratable share of the lien.

A person under legal disability may redeem within nine years of the recording of the deed ( ).

- Acceptable Funds No specific statute detailing what type of payment is OK. Suggest as a guiding Statute, the Public Trustee’s payment statute which specifies: cash, electronic transfer to an account of the public trustee available for such purpose, or certified check, cashier’s check, teller’s check, or draft denominated as an official check that is a teller’s or check cashier’s check

payment as those terms are defined in and governed by the “Uniform Commercial Code”, title 4, C.R.S., made payable to the public trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank or credit union.