Tax Certificate - Explanation of the Document

A tax certificate is a legal document that is issued by local government transferring the tax collection obligation to an individual or company. A tax certificate is not to be confused with a land deed because this is not one. However, the owner of the tax certificate can become the deed holder if and when the certain conditions are met. The process for a tax certificate becoming the holder's deeded property is complex and takes time.

Factors that Affect Issuance

A tax certificate sale is usually held annually by local governments (city or county) on properties that have become delinquent in paying their property taxes. Local municipalities depend on property tax revenue to provide services to the community and do not hesitate to place delinquent properties tax certificates up for auction. The auction is announced through the local county treasurer’s and a list of the properties to be auctioned is posted in full view for those who are interested. In many cases, properties are listed on the internet to allow for out of town purchasers of the lien. Out of town purchasers can actually visit the area to check out the property or to participate in the auction.

As the holder of a tax certificate, you are required to give the property owner time to pay the back taxes, as well as any fees you incurred plus interest. This is known as the redemption period. The amount of time for a redemption period varies by state law. If the property owner takes advantage of the redemption period, the tax certificate holder can expect to get all his investment back as well as reasonable interest. Interest rates are set by state law or if not, bidders with the lowest interest rates win the auction for specific properties. If the tax certification is not sold, the property in question returns to the local government. Often when this happens, the land can be bought outright from the county’s treasurer’s office.

If the redemption period has passed and the property owner has not paid the taxes, fees and interest to the certificate holder, foreclosure proceedings will begin. After foreclosure the certificate holder will become the deeded owner of the property, often for just the small investment of back taxes.