What are the 8 Biggest Risks of Tax Lien Investing? (2024)

“What are the biggest risks of tax lien investing?” is a common question I get. As a tax lien investment expert, I’ve learned where the risks are, what they are and what can be done about them. So let’s talk about the risks of tax lien investing and how they can be avoided or minimized.

The 8 biggest risks of tax lien investing that I’m going to cover are:

  1. Not Understanding What a Tax Lien Sale Is
  2. Not Doing Your Homework Before Attending Real Estate Tax Sales
  3. Bidding on a Tax Sale Property That Is Worthless
  4. Not Understanding How Tax Lien Auctions Work
  5. Coming Down With Auction Fever and Overbidding on Tax Liens
  6. Not Knowing Property Tax Redemption Periods
  7. Other Delinquent Tax Liens on the Property
  8. The Tax Delinquent Real Estate Owner Files For Bankruptcy

Risk 1: Not Understanding What a Tax Lien Sale Is

A lot of people get confused and think a tax lien sale and a tax deed sale are the same things. They are not. Here’s an explanation of the two. Knowing the difference is important.

A tax lien sale (property tax sale) is when you purchase a tax lien certificate, which is a lien against a homeowner’s property. As an investor, you collect when the homeowner redeems the lien certificate by paying their back-taxes plus interest and a penalty (the amount of interest and penalty varies from state to state).

Purchasing a tax lien certificate is not the same as purchasing the deed to the property.

A tax deed sale on the other hand, is when the local government has seized the property due to unpaid property taxes, and auctions it off to investors/buyers. In this instance, the investor is purchasing property – albeit for pennies on the dollar.

In some sales, you can take possession of the property immediately. In some, you have to give the owner time to redeem the taxes by paying you for the taxes plus interest.

The tax collector in the community can tell you which kind of sale is held there. They can also explain the other details that follow a successful property tax sale. These after-the-sale matters are critical. If you get something wrong after the sale, you could lose your entire investment.

Risk 2: Not Doing Your Homework Before Attending Real Estate Tax Sales

You need to understand what you are buying, where you are buying, and what you can do with it to mitigate the risks of tax lien investing. This means checking out the property as much as possible.

If you are new to tax sale investing (in either tax liens or tax deeds), start local. Call your tax collector and ask when the next sale will be. Then, ask what properties will be in that sale.

They may not be able to tell you exactly what properties will be planned for the sale until the advertising is underway. When the sale is announced, you can get a complete list of the properties from the tax office or the local newspaper.

When you get that tax delinquent properties for sale list, go and look at the properties that interest you. A good tool to become familiar with is Zillow.

Some questions to ask are:

  • What is the house like? Is it in good shape? Is there any obvious exterior damage? The condition of the yard can also give you a good idea of what the house’s inside is like. A well-kept yard means the inside is likely in good shape. A yard that’s a mess indicates the homeowner feels the same about the interior.
  • What is the neighborhood like? If you get the house, can you easily sell it or rent it?
  • If you are buying a house to live in, is that house you want to live in and a neighborhood you like?

Unfortunately, you’re probably not going to be able to actually go in the house for a physical inspection.

These risks of tax lien investing are the reason I recommend starting local. Once you get an idea of what to look for, you can expand your investment reach to other places.

When you go beyond your region, look at properties online. Street view mapping services can give you an excellent view of the exterior.

You can ask the tax office what condition the property is in. Sometimes they will tell you, sometimes not.

Risk 3: Bidding on a Tax Sale Property That Is Worthless

Some properties go up for sale and are practically useless. I have seen auctions with parcels as small as one-tenth of an acre in what amounts to a swamp. There’s no house; it’s a vacant lot.

The owner has no intention of redeeming any taxes because the land can’t be used for anything. Buying the taxes on this kind of property is a mistake.

What are the 8 Biggest Risks of Tax Lien Investing? (1)

If the sale shows the property has several years’ worth of unpaid taxes, that’s a good indicator that the property is not a good investment. If the property was a good investment, it would have sold at an earlier auction.

Again, doing your homework on the property is an important way to mitigate the risks of tax lien investing.

Risk 4: Not Understanding How Tax Lien Auctions Work

All these sales are done at auction. Some are in-person only. Some allow online bidding. You have to be at the auction to bid and to win. If you show up late or forget about it, all your pre-auction work is for naught.

Look up the auction rules as well as the type of each auction on the county’s website, as it will be different from county to county.

Many of the risks of tax lien investing can be avoided by simply knowing the rules and doing your due diligence.

Risk 5: Coming Down With Auction Fever and Overbidding on Tax Liens

Tax liens are sold at an auction. If it’s a lively in-person auction, it is easy to get swept up in the excitement of bidding and overbid. If you overbid, you still have to pay for what you bought. If you don’t pay for the auction, you are subject to being banned from future auctions. You could also be forced to pay for your bid.

If you don’t get a property you had your eye on, you might be tempted to bid on another property in the sale. That’s OK if you have done your research on the other property.

Don’t buy just because you have the money available. Bankrate correctly points out that due diligence means checking out the available properties before the auction. Don’t get frustrated and rush to bid just because you can.

Risk 6: Not Knowing Property Tax Redemption Periods

If you are buying in a state with a redemption period, you have to know how long that is. The tax office that held the sale can tell you this. Some states, like Georgia, have a foreclosure period before you can take the house.

What are the 8 Biggest Risks of Tax Lien Investing? (2)

Hiring an attorney to handle the foreclosure process is a good idea. The attorney can make sure everything is legal. Yes, this will cost a little bit, but if the owner redeems the property during the foreclosure period, these costs are added to what he has to pay you.

If the owner doesn’t redeem the property, you still own a house for a fraction of the real worth.

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Risk 7: Other Delinquent Tax Liens on the Property

Another one of the avoidable risks of tax lien investing is additional tax liens on the property. Sometimes a property will be sold by one taxing agency and there are other outstanding taxes owed to another agency.

This is most common in states which have county taxes, city taxes, and school system taxes. The various tax sales don’t have to be held at the same time. Before you get to the auction, ask if there is another past-due tax from another board that needs to be settled. If so, you need to figure that into the total amount you will spend.

Be sure you pay off other taxes if there are any owed. If you don’t, someone could buy that other tax lien at the next auction and you lose the property.

If you buy in a state with a redemption period of a year or more, you will also have to pay the taxes that come due during the year. You will be reimbursed for these by the owner if he redeems the taxes.

Risk 8: The Tax Delinquent Real Estate Owner Files For Bankruptcy

When a homeowner files for bankruptcy, this can put local property taxes on hold. If the owner files just before the sales are advertised or the auction starts, the tax agency may not find out in time to pull the property from the sale.

If you buy one of these properties under bankruptcy protection, you do get your money back, but you don’t make nearly as much profit as you otherwise could have.

Avoid the Risks of Tax Lien Investment

We hope you enjoyed Ted’s lesson, “What Are the 8 Biggest Risks of Tax Lien Investing?”

There’s certainly more you need to know about tax liens and distressed real estate, and the best way to avoid the risks of tax lien investing is to learn from an expert.

Ted Thomas provides full support and complete training with home study courses, Q&A webinars, live tutorials, workshops, web classes, and personal coaching with certified coaches.

Learn how to reap huge rewards from tax lien and tax deed investing! Take advantage of this FREE Giftfrom Ted. Act now, it costs you nothing and will give you a big head start!

What are the 8 Biggest Risks of Tax Lien Investing? (3)Ted Thomas is America’s Leading Authority on Tax Lien Certificates and Tax Deed Auctions, as well as a publisher and author of more than 30 books. His guidebooks on Real Estate have sold in four corners of the world. He has been teaching people just like you for over 30 years how to buy houses in good neighborhoods for pennies on the dollar. He teaches how to create wealth with minimum risk and easy-to-learn methods.


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What are the 8 Biggest Risks of Tax Lien Investing? (2024)

FAQs

What is the disadvantage of a tax lien? ›

Tax Liens Can Expire

Many have an expiration date after the end of the redemption period. Once the lien expires, the lienholder becomes unable to collect any unpaid balance. If the property goes into foreclosure, the lienholder may discover other liens on the property, which can make it impossible to obtain the title.

How does tax lien investing work Texas? ›

Interested investors must first register for the auction, often requiring a refundable deposit. During the auction, liens are sold to the highest bidder, who then pays the amount of the delinquent taxes, along with any accrued interest and fees.

What is a tax lien in finance? ›

A federal tax lien is the government's legal claim against your property when you neglect or fail to pay a tax debt. The lien protects the government's interest in all your property, including real estate, personal property and financial assets.

What is a tax yield investment? ›

Tax yield income refers to the income generated from investments that offer tax advantages, either through exemption from certain taxes or by offering deductions. These advantages can significantly impact your after-tax returns, making them an important consideration for astute investors.

What are the negative effects of liens? ›

Statutory and judgment liens have a negative impact on your credit score and report, and they impact your ability to obtain financing in the future. Consensual liens (that are repaid) do not adversely affect your credit, while statutory and judgment liens have a negative impact on your credit score and report.

How bad is a federal tax lien? ›

A tax lien can also impact your financial well-being in other ways. In addition to existing assets, the lien may also apply to future assets you acquire. If the IRS seizes your bank account funds, it could impact your ability to meet other existing financial obligations.

How long does a tax lien last in Texas? ›

Statute of Limitations – Texas State Taxes

The tax becomes uncollectible and the tax lien will expire if the state does not file suit to collect the tax before expiration of the three-year time period. There are several exceptions to the three-year statute of limitations.

Can you sell a house with a lien on it in Texas? ›

Whether you are in Texas or another state, you can sell a property with a lien. However, you need to have large enough proceeds from the sale to cover the debt you owe. If the sale isn't large enough to cover the debt, then you need to find a buyer willing to cover the rest of the lien costs.

What is the interest rate on tax liens in Texas? ›

(d) A tax lien remains on the property and interest continues to accrue during the period collection of taxes is deferred or abated under this section. The annual interest rate during the deferral or abatement period is five percent instead of the rate provided by Section 33.01.

Does a tax lien hurt your credit? ›

While tax liens are no longer appearing on credit reports, it's worth remembering that the information credit bureaus include is always subject to change. Because tax liens are currently not included on your credit report, they don't hurt your credit score directly.

How do I get around a tax lien? ›

Pay In Full

The simplest—but often hardest—strategy is to pay your tax debt in full. The IRS should release the lien within 30 days after your tax debt is paid off. However, the lien may hurt your credit, making it harder to get a loan to pay off your full balance.

How to buy tax lien property in Texas? ›

Texas holds tax foreclosure sales or tax deed sales on the first Tuesday of every month at the county, the state does not have tax lien certificate sale. When attending the tax lien sale, bring an acceptable form of payment, such as cash or cashier's check, and then bid on tax lien properties.

What are the disadvantages of tax lien investing? ›

But there are risks to tax lien investing. For example, if the homeowner pays the interest and penalties early, this will minimize your return on the investment. And if the homeowner declares bankruptcy, the tax lien certificate will be subordinate to the mortgage and federal back taxes that are due, if any.

Is tax lien investing moral? ›

Yes, tax lien investing is ethical. Tax liens are a form of secured debt that allow governments to collect unpaid property taxes from real estate owners.

What is a good investment yield? ›

Yields above 10% can be highly profitable but may also indicate properties in areas with higher risk factors. This is because a higher rental yield typically indicates that the property's fair market value is lower compared to the amount of the property's annual rental income.

Does a tax lien ruin your credit? ›

While tax liens are no longer appearing on credit reports, it's worth remembering that the information credit bureaus include is always subject to change. Because tax liens are currently not included on your credit report, they don't hurt your credit score directly.

Does the IRS always file a tax lien? ›

If you owe more than $50,000, the IRS will almost always file a tax lien, regardless of whether you're in an agreement to pay.

How do tax liens work in Florida? ›

Once delinquent, the Tax Collector holds an auction in order to pay off the taxes. This auction is referred to as a Tax Certificate Sale (FS 197.432). The successful bidder at this auction is issued a Tax Lien Certificate which ensures the bidder that the Tax Lien will be paid off, with interest.

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