Real Estate Investing:Understanding Order Of Liens On A Property

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In order to buy a tax lien property you must first decide which states or counties are conducive to producing conditions that will allow you to end up in ownership. In addition you may want to consider purchasing tax deeds instead, as the process is set up in a way that gives you a better chance at property ownership.

Before you buy a tax lien property you have to purchase the tax lien certificate first. In order to get a certificate you will have to bid on the sale in many cases. This process can differ from state to state, and county to county. The bidding process starts at 18% in Orange county Florida and they in fact begin to bid down from there. In other words, whoever is ready for the lowest amount of interest will end up winning the certificate.

In general, assuming that you win the bid for the tax lien property certificate that you are interested is to foreclose on the assets that you have. This process varies from state to state but usually you will have to wait until the redemption period is over, in order to start the foreclosure procedure. The redemption period can differ anywhere from six months to a few years.

Here are the different types of liens:

1. IRS liens: IRS liens take precedence over any other lien on a piece of property. Once you find out the amount of the IRS lien, you may be able to speak with the IRS and negotiate how much they will accept to forgive the arrearage.

Tip: Make sure you get that in writing! Another little known fact is that after 10 years, unless the IRS renews the lien, the lien drops off their list.

2. Real estate liens: Those are the next on the priority list. Those must be satisfied. If you go to an auction and if enough money is paid for the property to pay off only the first mortgage, then everything beneath that on the priority list is wiped away. If you buy a second mortgage and then you have purchased everything above that on the priority list. You need to have completed your due diligence and know the lien priority.

3. Other liens: Other liens may include
Second Mortgage
Homeowners Association Fees
Mechanics Lien
Lawsuit
Judgment

All these other items go on the priority list by the date on which they were filed at the County Recorders Office.