FIRM UPDATE - We are nearing capacity for clients we are able to take from the 2021 Lake County Commissioner's Sale. We are accepting clients up to and including June 7, 2021. Unfortunately we will not be able to assist clients that come in after June 7, 2021 due to the amount of time it takes to receive title searches and process tax sale notices. If you are seeing this after June 7, 2021, we would be happy to refer you to an attorney that can assist you if possible.
Should you have any questions regarding this please call the office and we would be happy to assist you with those questions.
*****WITH ANY SALE PLEASE MAKE SURE YOU DO YOUR DUE DILLIGENCE BEFORE BIDDING. IF YOU HAVE QUESTIONS ON HOW TO DO THAT PLEASE ASK.*****
Resources to do due dilligence at the bottom of the page.
We are expanding our reach - We are now happy to announce that we will be serving every county in Indiana for tax sale services. If you have any questions just reach out and let us know regardless of the county.
The Lake County Tax Sale will be April 6, 2021 - April 8, 2021 and will be online. The auction will be online again this year similar to last year. Registration begins February 17, 2021 and ends March 11, 2021. Registration will only be accepted between 9 am - 2pm. Be very very thorough when filling out the registration paperwork. Any missed line and the tax sale department will reject your application and you will not have a chance to correct it. Take your time and make sure every line is filled out. The main one people miss is previous addresses. You must list all addresses you have had over the time frame they are requesting.
You will be required to register in person at the Lake County Tax Sale Department - 2293 N Main Street, Crown Point, IN 46307. They will not allow proxies to sign up on your behalf.
Late registration will not be accepted so please do not wait until the last minute to sign up. To sign up as an individual you will need a valid and current driver's license and will need to sign a W9 form and other registration agreements to register for the sale.
To sign up as an entity, you will need a current Certificate of Existence and Articles of Incorporation for you company from the Indiana Secretary of State. You will also need a valid Federal EIN. Only the President/Owner of the company will be authorized to sign the company up.
In order to sign up you will be required to pay $600.00 to register. $100 goes towards a paddle fee this year. It is a non-refundable fee required to bid at the auction. The other $500 is a refundable deposit that will be applied towards any bids you make. Should you not win any parcels at the auction, you will be entitled to a refund of the $500 deposit, but not the $100 paddle fee.
Good Luck! Let me know if you have any questions.
FOR INFORMATIONAL PURPOSES ONLY - This information is not intended to be legal advice, please consult a legal professional with any questions specific to your situation and do not rely solely on the information below.
P.S. - This upcoming sale is a Commissioner's Sale so the minimum bid is usually $500 per parcel, but please verify with each indiviudal county list to confirm. Also the redemption period is 120 days from the last date of the sale.
Tax Sale Background and Information
Each year, almost every county in Indiana holds at least one tax sale. Generally, if a landowner has been delinquent on property taxes for at least three property tax installments, the property may become tax sale eligible. The county Treasurer is required to send certified notices and publish newspaper advertisements alerting the delinquent landowners of the existance of a tax lien on the property and that it will be sold at a tax sale if sufficient property taxes are not paid.
If the landowner does not pay the delinquent taxes, the county treasurer files for a judgment for collection of unpaid taxes. The judgment permits the sale of property at a tax sale.
At the Treasurer's tax sale, the buyer purchases a lien on the property, not the property itself. The landowner has one (1) year from the date of the sale to redeem the property. This is known as the Redemption Period. At the Commisioner's Sale, the Redemption Period is only one hundred twenty (120) days.
Indiana law requires that the purchaser of a tax sale certificate must notify interested parties within Six Months after a Treasurer's Sale, or ninety (90) days after the Commissioner's Sale, of its purchase of the tax sale certificate allowing interested parties the opportunity to redeem the property by the end of the Redemption Period.
If the landowner does not redeem in time, the buyer should file a petition for tax deed. The court will consider the petition and order the auditor to prepare the tax deed if everything was done properly. A properly executed tax deed will remove all liens on the property prior to the issuance of the tax deed. (This does not apply to special assessments, easements, licenses, or property taxes that accrue after the date of the sale)
The buyer must comply with Indiana Law and Constitutional Due Process in order to obtain the tax deed. If the proper procedures are not followed perfectly, a buyer can forfeit their right to the property and lose their investment. This is one of the most complex areas of Real Estate Law and a qualified attorney can assist a buyer in fulfilling these legal requirements. Generally, if the property is redeemed, the owner is required to reimburse your attorney fees, title search fees, subsequent property taxes paid, and any other costs of noticing.
If you purchase a tax lien/tax sale certificate, call the Kvachkoff Law Office at (219) 661-9500 or email us at KvachkoffLaw@gmail.com for a free consultation (in person or by telephone). We have been 100% successful in converting Petitions for a Tax Deed into Orders for Tax Deeds and would love to assist you and be sure that your investment is protected.
Frequently Asked Questions About Property Tax Sales:
Q: When can I take possession of the property?
A: Only after you have been issued a tax deed to the property by your county auditor.
Q: When can I apply for tax deed?
A: If the property has not been redeemed by the end of the Redemption Period, the purchaser must file a Verified Petition with the clerk of court within 3 months after the expiration of the redemption period. If the tax lien purchaser fails to do so, the lien against the property is terminated according to IC 6-1.1-25-7(a). Please review the Indiana Code carefully to understand the requirements for securing a tax deed. Legal assistance from a qualified tax sale attorney is recommended.
Q: Can a tax sale lien be assigned?
A: The purchaser of the lien may assign it to another party by completing the assignment section on the back of the tax sale certificate issued to the purchaser. The party being assigned the tax sale certificate must be eligible to have bid at the sale themselves. The auditor must be notified to change the owner of record of the tax sale lien certificate. (Lake County Indiana has not allowed assignments in the recent past so please check with the County Tax Sale Department to confirm)
Q: If the lien purchased is redeemed, will I get my money back?
A: You will receive all of the purchase price back plus a minimum of 10% return on the minimum bid if redeemed in the first 6 months, or a 15% return on the minimum bid if redeemed more than 6 months after the sale date. You are also entitled to a 5% per annum return on any "surplus" you bid over the amount of the minimum bid. When submitted timely, you will also be entitled to reimbursement of your attorney fees, title search fees, and subsequent property taxes paid.
Q: What is the redemption period?
A: The redemption period is twelve (12) months for a certificate sold at the Treasurer's Sale (Fall Sale). If the certificate is sold at the Commissioner's Sale (usually in the spring following the Treasurer's Sale) the redemption period is one hundred twenty (120) days.
Q: Will other liens be cleared from the property as a result of the sale?
A: Liens will not be removed as a result of the purchase of the lien. However, if you as the tax lien buyer comply with the laws and acquire a tax deed on the property, all liens prior to the issuance of the tax deed will be removed. (This does not apply to special assessments, easements, licenses, or property taxes that accrue after the date of the sale)
Kvachkoff Law Offices
325 N. Main Street
Crown Point, IN 46307
We can be reached during the following hours:
Monday Thru Friday
9:00 AM - 5:00 PM
Saturday and Sunday