Tax Sale Case Studies
New York City has a comprehensive
website with information about the Lien Sale Process. In addition
to a downloadable brochure, customer assistance, payment installation
options, and evening and community outreach sessions, the site also
has information on avoiding predatory lenders.
In Indianapolis, at the County Tax
Sale, property is categorized into three lists: "A" -
properties new to the record; "B" - properties unsold
at the previous year's tax sale, and "C" - properties
identified for the specific purpose of redevelopment. If a property
is not sold after appearing on both the "A" and "B"
lists, the County acquires liens on the property by default. Following
one final sale attempt, properties may be transferred to a CDC for
a small administrative fee. The City then submits a list of tax-delinquent
properties to the County Auditor and requests that they be placed
on the "C" list for expeditious transfer to the City.
More details can be found in this LISC case
study.
Thousand Oaks, California provides
financial assistant to first-time homebuyers in purchasing properties
acquired through tax sale.
Oklahoma City transfers tax-foreclosed
properties in the hands of non-profit developers, such as Habitat
for Humanity and transfers vacant, tax-foreclosed lots to neighborhood
civic associations for urban gardens.
Cleveland places all parcels that
are not sold after two auctions into their city
land bank. Through the involvement of a Neighborhood Advisory
Committee, land bank properties are offered to individuals who bid
fair market value and present a plan most attuned to neighborhood
goals. Properties are not necessarily offered to the highest bidder,
thereby discouraging land speculation. Final approval is granted
by the City Council.
Property entering the land bank is title free and
clear of all other private leans and interests, and subject only
to covenants and easements created before the tax delinquency arose. CDCs must submit a proposal for reuse to be evaluated by land bank
staff, a neighborhood planner, and a neighborhood advisory council
who must recommend council sign-off. Property remains in the land
bank - tax exempt - until a development proposal is submitted and
approved. The City maintains a public record of all parcels found
in the land bank, typically 5,000-6,000 properties at a time. Each
year, 200-300 properties are gifted to the land bank by property
owners in lieu of foreclosure. Nearly 90% of all CDC properties
are acquired from the land bank. On average, 500 land bank properties
are sold to CDCs on an annual basis.
The Atlanta Land Bank Authority
(LBA) is able to waive delinquent taxes on properties that CDCs
purchase on the open market and on properties the LBA acquires from
the government through a variety of means. The LBA also expedites
the process of clearing title on acquired properties and serves
as an intermediary between government and community-based redevelopment
efforts.
The LBA is authorized by state legislation to use three
primary mechanisms to acquire property. One is acquisition directly
from tax delinquent property owners either by purchase or by accepting
a donation of either property or a tax deed. Another is to acquire
the deeds to tax delinquent properties held by city or county agencies.
The LBA can also acquire parcels where a “failed sale”
has occurred and can request that the Tax Commissioner convey tax
deed parcels to it. The LBA also acts as an intermediary by providing
technical assistance to developers. More details can be found in
this LISC case
study.
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