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Is Pennsylvania A Tax Lien Or A Tax Deed State? - YouTube
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Is Pennsylvania a tax lien
or a tax deed state?
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Welcome back! Now in this episode, I'm gonna聽answer your question, "Is Pennsylvania a tax lien聽聽
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or a tax deed state?" Now, my name is Ted Thomas.聽I've been involved in tax liens and tax deeds聽聽
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for the last 30 years. prior to that I did regular聽real estate but I changed over to tax liens and聽聽
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tax deeds because there was such an abundance聽and there were so many properties available. It聽聽
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was a great way to make money and I could really聽make sure that every year I could do something聽聽
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and not have to worry about the real estate market聽going up and down. So, the last few years I've been聽聽
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guiding people, mentoring people, and now we even聽have courses where we teach people how to do this.聽聽
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So before we go into this episode, you're gonna聽understand some really unique things about the聽聽
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state of Pennsylvania and how it's evolved聽over the past few years, so you'll understand聽聽
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the different sales that take place within聽Pennsylvania before I finish this particular video.聽聽
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Now, the United States has many counties,聽over 3,000 counties. Pennsylvania has about聽聽
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67 of those counties and Pennsylvania generally聽is considered a tax deed state, that means they're聽聽
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actually going to confiscate the property, they're聽going to confiscate the property and resell it at聽聽
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auction, now I'll be right back and give you the聽details. Okay, so welcome back. Now, you can expect聽聽
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some different processes throughout Pennsylvania,聽for example, they have a major difference between聽聽
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the eastern part of the state, and the western聽part of the state. Now I'm not an attorney I'm聽聽
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not a CPA and I'm not a broker, what I am聽is an entrepreneur, I'm a tax lien and deed buyer,聽聽
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and I'm just a prepared entrepreneur and聽that's what you're going to have to be.聽聽
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So Pennsylvania, we call it a state but the legal聽process really tells us that it's a commonwealth.聽聽
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Now, can I tell you what the difference between聽a commonwealth and a state is? I can't tell you聽聽
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although I grew up in the commonwealth which was Massachusetts, to me it was always just the state聽聽
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but at any rate, you can check that out聽but we're going to know the rules in that聽聽
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thing, so the whole reason I even mention聽it, is that you need to know the rules.
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Those are called the statutes, in other words,聽the state laws. Now, I don't know what makes up聽聽
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the legal enterprise of a commonwealth or a state,聽but the point is we're going to follow the rules聽聽
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and that's what I want you to understand, they聽will have rules. Now, Pennsylvania has been around聽聽
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for a long time. It was one of the original聽states okay, now you're probably wondering聽聽
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what a tax lien state is and what a tax deed state is?聽Well, a tax deed state what that simply means,聽聽
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is that the local government will confiscate the聽property in the event that the people don't pay聽聽
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the taxes. All right, now Pennsylvania is unique聽because on the east side we have Philadelphia聽聽
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then they have another district around Scranton,聽then they have another district around Allegheny聽聽
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county, you're kind of getting the idea. Pittsburgh聽might even be another district, so they can have聽聽
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their own rules within those particular areas but聽as I've been saying if you're watching my videos,聽聽
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anytime there's an auction, you need to read the聽rules for that auction. So, auctions can have their聽聽
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own unique rules, so if you lived in Montgomery聽County or Philadelphia County or Delaware County聽聽
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in and around the city, well guess what? They all聽might have their own rules, but I can assure you聽聽
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that those rules will be different if you go to聽Allegheny County or you go to Pittsburgh, either聽聽
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one you're going to find out that the rules are聽different. So that's what my point is. Now, again, I'm聽聽
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not an attorney so I can't give you every detail,聽but I can tell you this, that those districts can聽聽
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do what they want to do and they will actually聽publish the rules before the auction takes place.聽聽
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Now, there's different kinds of auctions in聽Pennsylvania. They have an upset auction I'll聽聽
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explain it later, they have a-- they could have a聽private auction, I'll tell you about that later too,聽聽
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they could have a judicial sale. Judicial means聽there's going to be a judge telling people what聽聽
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to do, the point is a judicial sale is probably聽the one you want in Pennsylvania, and then they'll聽聽
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have repository. All right, so we'll go into聽those as we go along. Now before I get into the聽聽
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specifics of all this, I want to cover a couple聽of things. So let's start out that the state聽聽
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of Pennsylvania is a tax deed state. Now, what聽you want to know is how can you honestly and聽聽
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ethically buy properties there. So, here's a brief聽explanation of how all that works: The legislature聽聽
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makes the rules, and then they coordinate with the聽local county. All right, what they have challenges聽聽
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with is people don't like to pay taxes so they聽have to have set procedures for them to do that.
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So the process as I say can be different county聽to county, the important point here is that you聽聽
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understand whatever the process is, if you follow聽it you're going to be okay. All right so that means聽聽
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the process in Pennsylvania they're going to sell聽a tax deed, now that simply means that the local聽聽
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government coordinated with the legislature and聽what they did is they levy the tax. All right now聽聽
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the next thing their local government the treasurer聽has to do is collect the tax. Now, if they can't聽聽
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collect the tax, then what they do they'll send聽numerous notices, they call that due process of聽聽
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law, numerous notices of default to get the person聽to pay the taxes. Now, if they don't pay the taxes,聽聽
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now the county will take action. The action聽that they will take is they'll confiscate聽聽
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that property, that will seize the property anybody聽that's on the property they'll take the people on聽聽
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the property and the victim, whether it's the owner聽or a renter, they will evict them from the property.聽聽
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Now, the county owns the property they're going聽to resell that. All right now all of this process聽聽
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was created long before there was income tax.聽Pennsylvania is one of the original states,
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some of these rules are 200 years old. Are they a聽little bit convoluted? Convoluted, yes. Are they a聽聽
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little bit outdated? Yes. But the bureaucracy will聽keep them going because their bureaucracy doesn't聽聽
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like to change. All right, so all of this stuff that聽I'm telling you is 200 years old. Now, I'm not an聽聽
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attorney, I'm not a CPA, I'm not a broker. I'm just聽a prepared entrepreneur is who you're talking to.聽聽
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So, simply stated the state government, the legislature聽makes the rules then they authorize the county聽聽
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and then the county takes action and does all that.聽Now, if someone doesn't pay tax, I can assure you聽聽
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the county is mandated, by the state law, mandated聽that they will take that property. When I say take聽聽
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the property, that means they'll confiscate it and聽seize it, and once they seize it they don't want it.聽聽
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The government doesn't want the property, what聽they do want is they want to sell the property聽聽
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and they want to get revenue, they want to put the聽property back on the tax roll. So, number 1, the聽聽
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local government needs money, and the money they聽get comes from the tax revenue. So you're kind聽聽
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of getting the idea. So as I said, Pennsylvania is聽a tax deed state, that simply means they'll issue聽聽
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notices of default, then they'll confiscate the聽property, when they get the property they'll resell聽it,
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when you go to the auction and buy, you're going聽to get a tax deed that will give you ownership of聽聽
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the property. Now, the bureaucracy takes a little聽while to do it, they might have different roles in聽聽
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different counties but you just have to learn聽that. There is no universal rule. If you learn聽in
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Pennsylvania, I can assure you it won't be the聽same in Maryland, it won't be the same in Texas,聽聽
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and it won't be the same in California, wherever聽you go. All right so as I said, it's original state,聽聽
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and they got a bureaucracy there that is a little聽convoluted but you can handle it if you'll just聽聽
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study the rules and follow along. Now there's聽nothing wrong with the east or the west in聽聽
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Pennsylvania. In the east they have certain rules聽that have to be followed, in the west they have certain聽聽
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rules that have to be followed. So the county can make聽any provision they want, and make any process they聽聽
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want. All they have to do is collect the taxes and聽make sure that they have money to run the county.聽聽
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Keep in mind the county has a lot of bills to聽pay so the revenue, they want that revenue and聽聽
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they want that property back on the tax roll. All聽right now, in the United States owning a property聽聽
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is a privilege, everybody has the privilege and聽you can do anything you want with your property.
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You can subdivide it, you can rent it, you could聽grow some crops on it, you could build a barn or
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a house on it, you could raise cattle聽on it, you could- there's lots of things you can do,聽聽
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but there's one thing that you can't pass up, and聽that is you must pay property tax. If you don't聽聽
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pay property tax, you forfeit your right to the聽property, and people do forfeit their right to the聽聽
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property, the county takes the property and resells聽it because what does the county want? The county聽聽
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wants revenue. Number 1 job for the county is to聽collect revenue, so they're going to do that. All聽聽
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right so everybody has to pay taxes and there's聽rules and the rules are going to just be different聽聽
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from place to place. All right, so you're kind聽of getting the idea, so let me do a quick review聽聽
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of the different kinds of sales, and then I'll show聽you a little bit more about Pennsylvania itself.聽聽
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All right, so the first sale is called an "upset聽sale" so that means someone waited at least 2
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years of not paying taxes okay? So, what is the聽county going to do? They're going to have an聽聽
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upset sale. Now, I wouldn't get too excited about an聽upset sale because if you buy at the upset sale,
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you're going to pay all the backed liens, in聽other words, you have to pay the mortgage, any聽聽
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other liens, any other judgments anything that's on聽the property. So a lot of investors wait a little聽聽
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while, and they wait for the judicial sale. Now, the聽judicial sale is a little different, by that I mean聽聽
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the mortgage is going to be taken off the property聽because the treasury has the power to do that,聽聽
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the judgments will be taken and other liens will聽be up, so this particular sale is called the free聽聽
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and clear sale you know that's how they kind of聽toss that around. All right then they finally have聽聽
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what they call "repository sales." Now, those sales聽simply mean that properties didn't sell at the聽聽
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upset sale, didn't sell judicial sale and then, of course, they have... they actually have a private sale聽聽
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that I'll cover here in just a minute the point is聽there's just rules you have to learn them, they're聽聽
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a little bit different if you go to another聽
state they'll of course continue. All right,聽
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nothing wrong with the rules being different. It's聽just the counties can make their own rules and聽聽
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Pennsylvania allows that. So, the counties in the聽east are different than the counties in the west.聽聽
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All right so let's take a look at our map here and聽you can see how many different counties聽聽
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there are in the state and there's a lot of them聽there's 67 different counties, that means it could聽聽
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be 67 different ways of doing it within the state聽of Pennsylvania. You can probably find the county聽聽
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that you're interested in but that means that 67聽different auctions could be 67 different auctions.聽聽
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All right so you can go any one of those you want. So, I talked about that upset sale, so let's review聽聽
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the 2nd paragraph there, it says in the upset聽sale the property is sold to the winning bidder,聽聽
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and under the subject of the subject of lien on聽every recorded obligation, in other words, you're聽聽
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going to have to take all those subjects聽too. You'll have to take all those liens聽聽
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so I don't know how many of you're going to buy at聽that particular upset sale. Now, it'd be a lot more聽聽
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exciting at the judicial sale, let's read paragraph聽2, and the 2nd line says "free and clear of all聽聽
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taxes." Well, you sure want that. They're gonna wipe聽out the mortgage, they're gonna wipe out all those聽聽
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liens so that's the sale you probably want to be聽at. Now, I'm not giving you legal advice, I'm just聽聽
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trying to expose you to what's going on here. Now聽there could be a private sale. I don't know anybody聽聽
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that's been to a private sale, and I haven't聽researched it thoroughly so what I'll tell you聽聽
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is get a local attorney to explain that to you so聽that you know what that is. Now the repository list,
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well that's going to happen in all the states. That聽means they're kind of leftover. It didn't sell at聽聽
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the upset sale, didn't sell judicial sale they聽still want to get rid of it. Remember the county聽聽
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doesn't want property, they want revenue. All right聽so in other states, they call it a "leftover sale"聽聽
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like in South Carolina they call it "forfeited聽lands commission sales," in Florida they call it聽聽
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"surplus land sale" so there could be any other聽names like that. So, let's just take a quick look聽聽
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at the Pennsylvania map now for a second. Now,聽the counties in the east have one set of rules, all聽聽
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right, now the counties in the west could have聽an altogether different set of rules, but some聽聽
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of the things I want you to be cautious of and聽I put a couple of notes up here, all right, the聽聽
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judicial sale could start out at 1 dollar so you聽remember the upset sale you'd have to pay all the聽聽
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back taxes you'd have to pay the mortgage聽and do all that a judicial sale is starting at聽聽
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a dollar so think about that, now I don't know if聽the product's going to sell for a dollar. All right聽聽
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so these are just some of the rules you can kind聽of study the slide there yourself, okay, get a quick聽聽
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look at it but they'll have properties at all of聽those different auctions for sale. All right when聽聽
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they're all said and done and they haven't sold at聽the upset sale or the judicial sale they haven't聽聽
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sold it either one, it's going to end up what we're聽going to call a "repository list" which means it's a聽聽
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sale that you have to just buy over the counter,聽in other words you go into the county and pick聽聽
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the one you want and then you can buy it there. All聽right, there's always going to be properties in all聽聽
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of those lists in the state of Pennsylvania. This聽is a business of abundance, there'll always be too聽聽
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many of everything. So, I'm finished with that聽particular presentation for right now, but I'm聽聽
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going to take 2 questions before I go. What kind聽of money will you get started? Well, it's going to聽聽
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be up to you if you want to buy big 3, 400,000聽dollar properties, remember the bid started at a dollar,
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yeah but I don't think it's going to sell for聽a dollar, but if you was willing to pay 20 or 30聽聽
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cents on the dollar whether you could if you get聽out easily. Some of the properties only be you know聽聽
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going for auction for it might only be worth 10 or聽20,000 dollars but the auction's going to聽聽
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start at a dollar. Now, you decide you want tax聽liens or tax deeds or if in Pennsylvania, you're聽聽
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going to have to buy tax deeds because that's what聽they have, you're going to get property. Okay, but聽聽
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there's other states, about half the other states聽sell tax liens. Now, tax liens generally people that聽聽
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are very very conservative because with a tax lien聽certificate, you invest in the government, you get聽聽
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a check back and you're going to get a fixed聽rate of interest. So, if you buy a certificate聽聽
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with an 18% return then you're going to get 18% if聽you bought in Illinois, you could get all up to 36%,聽聽
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if you bought in the state of Florida, you could聽get 18%, so it's going to be up to you which one you聽聽
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want to buy. All right so with all that said below聽me, I've got a free gift for you and you want to聽聽
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take advantage of that free gift and it'll teach聽you about tax liens and tax deeds. It's absolutely free,
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just register below and I do want to mention the聽2 biggest mistakes that auction buyers make and聽聽
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you want to avoid these mistakes. All right mistake聽number 1, people buy property at auction they聽聽
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have never seen. They haven't seen the property.聽Now, if you're buying in an auction you haven't聽聽
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seen the property that's going to be a... could be聽a huge mistake, what if there was a hurricane it聽聽
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got blown up and flooded, what if it had聽damage from wind, what if there was a fire, what聽聽
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if it was next to a chicken farm? I don't know you聽want to think about that so you don't want to buy聽聽
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any property at auction that you haven't had boots聽on the ground and eyes on it or someone you know聽聽
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has done all that. Now, we have online buyers do聽it all the time but they have someone visit the聽聽
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property for them. The other thing you want to be聽careful about at auctions is don't buy a property聽聽
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if you don't have an exit strategy. Now, for聽some reason, people get to the auction they're聽聽
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all excited they want to do it, they want to do聽something, they want to be successful and they聽聽
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just start bidding. Well, auction isn't necessarily聽a bargain. Everybody thinks it's a bargain but it's聽聽
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not necessarily so and you'll start bidding it聽up and you want to win and you might win but you聽聽
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might win by spending so much money that you can't聽sell the property. So, you always want to make sure聽聽
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that you have an exit strategy. So I'm Ted Thomas,聽go below me and there's a free course for you.
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