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Bid Down The Interest Rate

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Bid Down the Interest Rate

Most writers will tell you this system is used in more places than any other, but I’m not sure that is correct. It is used in Florida, Arizona, New Jersey, Illinois and maybe a couple of other states. The thing that is important about the system is that Florida, Arizona, New Jersey and Illinois are all big lien states. In total liens sold they are probably about 40% of the total lien market.

The way this system works is that bidding starts at a statutory rate (18% in NJ, IL, and FL, 16% in AZ), and the interested buyers bid a progressively lower interest rate until nobody is willing to go lower.  The lowest bidder is the winner. As an example, lets assume the starting rate is 16%. The second bid might be 15%, then 14%, and so on until the bidding stops at 7%. To give you an indication of how this works – the Arizona rate is 16% but the average purchase yield in the 2002 auction was 10.95%.

InterestWhen you read the description of the bidding it sounds very orderly and easily done – now for a touch of reality.

In the Cook County, Illinois sale (Chicago) which goes on for over 30 days, they don’t start at 18% and bid down. The auctioneer reads out the parcel number, the amount owed, and every person in the room screams their lowest bid and the auctioneer “hears” the lowest bid.

This system extremely subject to manipulation but it isn’t really a sham since the auctioneer has no idea who bid the lowest rate first.

After 30 days of this you are ready for the “Happy Dale Home for the Mentally Bewildered”. I don’t want to just pick on Chicago though. There are a number of “bid down” jurisdictions where the opening bid yelled out will be well below the state bid.

This is just a method of speeding up the auction and letting everybody go home a little sooner. One thing you should understand – the best properties seldom, if ever, will go for the statutory rate. They will almost always be bid down substantially.

Another thing to remember about “bid down” states: There are a number of reasons why the rate may be held down to levels you find silly. If you see this being done extensively – there is a reason. A couple of examples: In Florida you may see properties that are sold for ¼ of 1%. Seems pretty low, doesn’t it? But in Florida there is a 5% penalty minimum and the lien buyer gets the rate he/she bids or the 5% penalty, whichever is more. If the lien buyer is fairly sure that the property will pay off in the three months (I have no idea how they would know this, then a bid of ¼ of 1% makes sense because the lien buyer will make a 20% annualized return if the lien redeems in 3 months. Where did 20% come from – well, lets take a look:

Assume the lien is $1,000.00. Three months of ¼ of 1% equals $1000 x .0025/12 months x 3 months equals = $0.625 – a wonderful 62.5 cents. What is the 5% penalty add up to? That would be $1,000 x .05 = $50.00. That is quite a bit better, but where did 20% come from? The annualized return for the penalty would be $50.00/90 days x 365 days = $202.78 a year. $202.78 a year on an investment of $1,000 is a annualized return of 20.27%. That is why you will see a bid of ¼ of 1%.

In both Illinois and New Jersey you will see bidding that you do not understand and rates that seem too low to be justified. They may prove to be too low, but the bidders have rational assumption they are basing the bid on. This, in the case of New Jersey, will relate to posting subsequent taxes and in Illinois it has to do with the rate increasing each six months.

Post any questions here!

NEXT POST: Bid Down the Percentage of Ownership

TAX DEED STATE PROFILE - PENNSYLVANIA

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TAX DEED STATE PROFILE: PENNSYLVANIA ~ PART ONE

PA
Tax Deed Sales: Yes, Upset Price Sales and Judicial Sales.

Over-the-Counter Tax Deed Sales: Yes, Private Sales and Repository Sales.

Rating: Two Stars (**)

Sale Period: The Upset Price Sale is to be held no earlier than the 2nd Monday of September, but before October 1. Judicial Sales are held in the Spring.

Redemption Period: There is no extended right of redemption following the tax deed sale.

Legal Challenge Period: Even if a property is purchased at a sale, the delinquent owner still has the right to go to court to contest the sale of his or her property.

Bidding Process: Property is awarded to the highest bidder. In the Upset Price Sale, the minimum bid must be enough to cover all unpaid taxes, costs and municipal liens and claims.

State-Specific Information: In accordance with the Pennsylvania Real Estate Tax Sale Law, Act 542 of 1947, as amended, the Tax Claim Bureau is able to sell parcels in one of four ways:

(1) Upset Sale
(2) Private Sale
(3) Judicial Sale
(4) Repository Sale

Upset sales include those parcels whose taxes, from two years earlier, remain unpaid or other specified conditions exist. Purchasers of property at the Upset Sale assume responsibility for all liens on the property.

 

A private sale can occur after a property has been exposed but not sold at an Upset Sale. An interested buyer submits a written bid to the Tax Claim Bureau. The Bureau decides whether to accept the bid. If accepted, the bid is advertised in a newspaper and the Montgomery Bar Association journal. Anyone objecting to the sale must petition the court within 45 days to disprove the sale.

A Private Sale can occur after a property has been exposed but not sold at an Upset Sale.

As in the Upset Sale, purchasers of property via Private Sale assume responsibility for all liens on the property.


A Judicial Sale is held at least once each year and can include only those properties that have been exposed but not sold at an Upset Sale After advertisement, notice to owners and lien holders, etc., the parcels are presented free and clear of all liens.

Properties that are exposed but not sold at a Judicial Sale are placed in a Repository for unsold properties. Any bid on a Repository Property must be approved by all taxing districts where the property is located (i.e., township borough, county, school).

Pennsylvania County Links: See Pennsylvania Tax Sales at http://www.tax-lien-certificates.com

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