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Adjudicated Property Sales

Posted on 1/3/14 at 9:38 am
Posted by Wasp
Off Highland rd.
Member since Sep 2012
1483 posts
Posted on 1/3/14 at 9:38 am
What is the difference between adjudicated and tax sales?

How does the 3 year redemption work of adjudicated vs tax sales?

Does the 3 years begin after purchase of adjudicated property or after 1 year of adjudication?

Any other information or opinions would be appreciated.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26505 posts
Posted on 1/3/14 at 10:11 am to
Disclaimer: I am not an expert on these things and I think very few people are. Further, this should not be construed as legal advice.

Adjudicated is when the property did not sale at tax sale. The Parish can then sell the property to someone.

The 3 year redemption period still applies. In other words, if you buy the property on December 31, 2014, and the taxes are paid on July 1, 2015, and that date is within the 3 year period, you are out some money (cost to start the process and purchase price -- you will get back the taxes paid).

quote:

Does the 3 years begin after purchase of adjudicated property or after 1 year of adjudication?


I want to say its 3 years after the property was adjudicated to the Parish. Could be wrong.

quote:

Any other information or opinions would be appreciated.


The titles are generally not going to be merchantible. You do this to get cheap rental property and maybe some property adjoining you that you can keep in your family and clear up one day via 10/30 years acquisitive prescription. You don't buy these things to build a $250k home on.

This post was edited on 1/3/14 at 10:12 am
Posted by Wasp
Off Highland rd.
Member since Sep 2012
1483 posts
Posted on 1/3/14 at 10:34 am to
Thank you for the response.

Here is my understanding, please help me if I do not have this part straight.

Property is not purchased at tax sale.
Property becomes adjudicated.
Property sits on adjudicated roll until a case is opened by a potential investor.

If the property sits on adjudicated roll for 3 years before a case is opened and is auctioned is the redemption period over?
Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 1/3/14 at 11:21 am to
Big, huge, very important question is did the sheriff provide adequate notice to the original tax debtor.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26505 posts
Posted on 1/3/14 at 11:32 am to
quote:

Property is not purchased at tax sale. Property becomes adjudicated. Property sits on adjudicated roll until a case is opened by a potential investor.


This sounds right.

quote:

If the property sits on adjudicated roll for 3 years before a case is opened and is auctioned is the redemption period over?


I believe so. As the poster above noted, notice is HUGE in these things. Tax sales, adjudicated property, sheriff's sales. Anytime anyone is losing property notice is important. Actual notice is not, of course. Just constructive notice.
Posted by Wasp
Off Highland rd.
Member since Sep 2012
1483 posts
Posted on 1/3/14 at 11:47 am to
Okay, thank you for your help. Not looking at a specific piece of property. We own a number of rental properties in a neighborhood and have most recently been purchasing bank owned, but am looking at other acquisition methods. I was looking at the adjudicated roll book and come to find out a couple properties we purchased within the last year were on the adjudicated list.

What kind of activity is their at the property sales? Since anyone can put up property for sale if they follow the procedure does a bidding war ensue at the auction?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26505 posts
Posted on 1/3/14 at 12:06 pm to
quote:

What kind of activity is their at the property sales? Since anyone can put up property for sale if they follow the procedure does a bidding war ensue at the auction?


It really just depends. I probably do 2-3 dozen foreclosures a year for local banks (EBR-EFP-WFP, Livingston, St Helena). In EBR there is a good bit of participation. I've seen bidding wars that were for good reasons and I've seen one where the bidders just don't like each other. The latter is pretty rare. Deals can be had, but there is maybe one or two at each sale. A good bit of homework goes into it for the guys speculating who are making money.
This post was edited on 1/3/14 at 12:08 pm
Posted by chuckitdeep
Member since Nov 2008
730 posts
Posted on 1/3/14 at 1:00 pm to
quote:

Actual notice is not, of course. Just constructive notice


Can you elaborate?
I've bought some tax sale properties. Most were to try and gain the interest. However this summer coming up we'll have several that have gone the three years. Trying to find someone who knows a little more about it rather than just being told to wait the five years because it's easier then. I really can find no one who has done this or even attorneys who know about this. I'm in Livingston by the way.
Posted by lsujro
north of the wall
Member since Jul 2007
3921 posts
Posted on 1/3/14 at 2:13 pm to
quote:

Can you elaborate?
I've bought some tax sale properties. Most were to try and gain the interest. However this summer coming up we'll have several that have gone the three years. Trying to find someone who knows a little more about it rather than just being told to wait the five years because it's easier then. I really can find no one who has done this or even attorneys who know about this. I'm in Livingston by the way.


essentially, the only way to acquire merchantable title w/ a tax sale is through prescription. there are some steps you can take to protect yourself - you can file a suit to quiet title after 3 years. this will make the tax title more difficult to challenge (and expensive for the challenger). however, judgments in these suits have been overturned where the tax tax debtor was not given proper notice.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26505 posts
Posted on 1/3/14 at 9:46 pm to
Look for a father/son firm in NOLA area. The son is Chris Davidson. All they do is tax sale/adjudicated stuff. I went to law school with the son. I consider them as close to experts as you can get on the subject. They can give you way better answers than I can.
Posted by Rev1897
NOLA
Member since Dec 2008
782 posts
Posted on 1/4/14 at 9:32 am to
quote:

essentially, the only way to acquire merchantable title w/ a tax sale is through prescription. there are some steps you can take to protect yourself - you can file a suit to quiet title after 3 years. this will make the tax title more difficult to challenge (and expensive for the challenger). however, judgments in these suits have been overturned where the tax tax debtor was not given proper notice


Yes, truly you will not have clear title until:

Three years after the tax sale deed is recorded in the records of the parish, which is not always the same time of when it was sold... It's usually a few months later. Then you can file an action to quiet title.

10 years after you adjudicate the title to yourself for good-faith prescription.
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