How To Get A Clear Title On A Tax Deed - YouTube

Channel: unknown

[0]
So, welcome back.
[1]
I'm Ted Thomas.
[2]
On this episode, I'm going to cover how to get a clear title on a tax deed.
[6]
Now, this is pretty advanced material so we're gonna have to pay close attention.
[17]
All right, how to get a clear title on a tax deed.
[20]
Now I've been involved in this business for over 25 years.
[24]
I've been guiding people and teaching people.
[26]
I've been through most of these things a number of times so a clear title is very important
[31]
when it comes to selling the property because the new buyer is gonna want a clear title.
[37]
So, this is kind of insider information.
[39]
I'll give you other information about tax liens and deeds as we go along.
[42]
But at this particular video, before I finish, I'm gonna tell you 2 mistakes that are made
[49]
at tax auctions.
[50]
You don't want to make these mistakes because it's going to cost you 25, even $50,000.
[55]
So, stay tuned until I finish this short video and I'm coming right back.
[59]
Okay, this episode is all about how to get a clear title on a tax deed.
[63]
Now, as you probably have researched already, a tax deed is a result of a tax defaulted auction.
[71]
You're buying a tax deed from the county.
[74]
Now, when the county sells you that property, they're going to have to do something about
[79]
transferring it.
[80]
When they transfer that property, you're going to have to use some kind of deed.
[84]
It could be a sheriff's deed, could be a treasurer's deed.
[87]
More than likely, it's going to be a quitclaim deed.
[92]
Now, that deed, when it's passed to you will have many disclaimers.
[98]
The disclaimers will tell you that the county is quitclaim deed-ing the property to you.
[106]
They're transferring it to you.
[108]
You now own this property.
[110]
But in the document itself, it will tell you they are disclaiming any responsibility for
[117]
anything on the property and they're disclaiming any responsibility for the title.
[123]
All right, I'm not an attorney, I'm not a CPA and I'm not a broker.
[130]
I'm just an entrepreneur who has a lot of experience working in the trenches.
[136]
There's nothing wrong with a quitclaim deed however it has disclaimers that give you feats
[144]
when you're buying unless you know what to do.
[147]
So, I'm gonna teach you what to do right now and I'm gonna make your life really simple
[152]
and you can go and clear it all with an attorney and make sure it's all correct.
[156]
But you're gonna receive a quitclaim deed, and when you receive that deed, you now on
[163]
the property.
[165]
However, when you want to sell it, you'll get a challenge because the new buyer is gonna
[171]
say, "I want to make sure this is a clear title."
[174]
The county basically sold you what they just foreclosed on, what they just had an auction on.
[182]
They don't know all the problems of that property and nor do you.
[185]
So that's gonna require that all of that will have to be cleared up.
[189]
So, let's go back and review.
[191]
Let's get a little foundational material here and go through the whole process so you're comfortable.
[197]
Nothing to be afraid of.
[198]
We're talking about in this episode, how to get a clear title on a tax deed.
[203]
You've been fortunate, you now have a tax deed, you bought a property, you probably
[208]
made a bargain price, you maybe got it for 10 or 15 or 20 cents on the dollar, you're
[212]
feeling real good and now you're gonna want to sell it.
[215]
And when you want to sell it, everybody's gonna want a clear title.
[219]
But you don't know whether it's clear, the county doesn't know whether it's clear so
[223]
you're not buying a clear title when you're buying from the county.
[226]
You're buying a quitclaim deed or a treasurer's deed or a sheriff's deed or some deed that
[233]
will have disclaimers in it.
[235]
All right so, how did this all happen?
[237]
So, this all happened because someone didn't pay their property tax and property owners
[241]
at every county in America must pay their property tax.
[245]
If they don't the legislature takes action and tells the county treasurer, "Levy the tax.
[252]
Collect the tax.
[253]
If they don't pay, confiscate the property."
[256]
Now you have purchased that confiscated property.
[259]
So, who knows, did they have a lot of liens on the property from 2 or 3 different mortgage holders?
[265]
Does it have judgements against it from law suits?
[268]
There might have been a lot of things.
[269]
Well, when the county takes the property to sell it, they wipe the slate clean.
[274]
You bought it clean but that doesn't keep people from having law suits.
[278]
So, you are going to have to get a clear title on this property.
[283]
How are you gonna get that clear title?
[286]
Write this down or run the video again.
[288]
If you want a clear title, you're gonna have to hire an attorney.
[292]
Now, I didn't say hire a kid that just got out of law school.
[296]
You don't want to hire them.
[297]
You want to get a gray-haired, old guy like Ted Thomas that's got 20 or 30 years experience
[301]
and you want to get someone that understands this part of real estate because the title
[306]
has to be clear and that attorney will clear the title.
[309]
Is that gonna cost money?
[310]
Absolutely.
[311]
It's probably gonna cost 3 to $5,000, probably gonna take 3 to 6 months but you just bought
[317]
the bargain of your life because you paid 10 or 20 cents on the dollar so let's not
[322]
be afraid of this whole thing.
[324]
Nothing to be afraid of, but there is a person to do it.
[326]
Now, I'm not an attorney, I'm not a broker, I'm not a CPA.
[330]
I'm just an experienced entrepreneur and I'm giving you the straight scoop.
[334]
You're gonna get what's called a quiet title.
[338]
And the attorney will do a quiet title action.
[343]
I learned that because I'm working in the trenches all the time.
[348]
When I buy a property, I know if I buy a property from the county that I'm gonna get a treasurer's
[354]
deed or a security deed or a sheriff's deed or a quitclaim deed.
[361]
None of those deeds will be a clear title.
[364]
They're gonna say right in them that they disclaim any responsibility from the property,
[370]
they disclaim any responsibility from the title and the property.
[373]
So, you're getting the idea.
[375]
It all started from someone that didn't pay their taxes, the county foreclosed, okay,
[380]
the county had an auction, you bought at the auction, you bought it for pennies, you made
[385]
the deal of your life.
[386]
Now, you're gonna have to get the title clear or, if you want to do the alternative that
[390]
I do with my clients, what I do is that I have my clients sell the property on a contract of sale.
[398]
Not gonna teach that in this class, I'll teach it in a another class.
[401]
A contract of sale, you collect the payments, you be the banker, you're not gonna have to
[405]
clear the title, it's your property.
[407]
You don't have to do anything so you go ahead and collect payments for 5 years and then
[411]
you can easily get a quiet title.
[412]
It's not gonna be a problem.
[414]
All right, so if you learned a lot, just let us know and we'll answer some more questions
[418]
for you.
[418]
If you're getting good information, just give us a thumbs up from time to time and if you
[422]
want to make comments below, why not?
[423]
You can do that to.
[424]
So, I'm about to finish up but let me do a quick review.
[428]
How to get a clear title on a tax deed.
[431]
Number 1, buyer beware.
[434]
Quitclaim deed will have provisions and it's usually disclaimers.
[439]
The county will disclaim any responsibility for the property and they'll disclaim any
[445]
responsibility for the title.
[447]
The title is cleared with a quiet title process.
[452]
You can't do that, an attorney has to do it and he has to sue everybody in sight.
[456]
So, if you get a treasurer's deed, a sheriff's deed, a quitclaim deed, just understand they
[462]
probably have disclaimers within those.
[465]
So, I'm Ted Thomas and I'm gonna do 2 questions and then we're gonna button it up.
[469]
So the question is what is a warranty deed?
[471]
A warranty deed is what's normally used for people to pass a property, transfer title
[477]
from one person to another.
[478]
So, let's use this as an example.
[480]
I want to sell you my property.
[482]
Normally, if the title is already cleared, I've owned it for a while, I can go ahead
[486]
and sell it to you.
[488]
Some title companies will say, "Do you want to give a warranty deed?"
[491]
In the old days, meaning, 100 years ago, the seller warranty that everything is okay.
[497]
Well, they don't do that anymore.
[499]
Nobody warranties anything.
[501]
That's why you have title insurance.
[503]
It's a warranty deed.
[504]
So the document is counted the misnomer.
[507]
So they still use warranty deeds, but there is no warranty taking place.
[511]
That's why you buy title insurance.
[512]
So, the question is is the homeowner or the property owner still there when you buy the
[517]
property at tax auction?
[518]
Depends upon the state.
[520]
Some states will move all the people out of the property and not even sell it for 6 months.
[524]
Other states, they'll do the auction and the people might still be there.
[528]
In all cases, I would say, it's not a problem.
[531]
What you just have to do is you hire an attorney and they'll do an eviction process which is
[535]
a process of giving them notice and then sheriff goes and says, "Look, get your butt out of here."
[541]
And so, that's what happens.
[542]
That's an eviction process.
[543]
That might take, the longest I've ever seen one is 60 days but that could be a complication.