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Legal

Phone: 913-715-1900

111 S Cherry, Suite 3200, Olathe, KS 66061

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Delinquent Properties

Delinquent properties available for non-auction sale:

In certain instances, state statutes permit the County to offer delinquent tax properties for sale in a non-auction setting.  Generally, these properties are available when they have already been offered at public auction and either have not sold or were purchased by the County.

If you are interested in purchasing property from the list below, please contact the Johnson County Legal Department at (913)715-1900.

Please note:

  1.  You must be eligible to purchase delinquent tax property, pursuant to K.S.A. 79-2804g(f) and K.S.A. 79-2812 (you may not be the original debtor or in another category of prohibited purchasers, and you may not have delinquent real property taxes.)  You will be required to execute an affidavit to certify that you are not a prohibited purchaser, as defined by Kansas statutes, and will not transfer to a prohibited purchaser, as provided by statute.  This applies to the purchase of property from either of the categories below.
  2. The property will be sold subject to all valid covenants running with the land, and subject to valid easements of record or in use.  This applies to the purchase of property from either of the categories below.

 

Properties for which Johnson County has a judgment:

State law permits the County to offer delinquent properties in a negotiated sale when those properties have previously been offered at public auction but have not sold.  The properties listed below were offered at public auction but did not sell.  Any property sold under this section must be set for a confirmation hearing in the District Court of Johnson County, and notice must be published in the official county newspaper.  The cost of publication will be paid for by the person who wishes to purchase the property.  The buyer will receive a Sheriff’s deed.  Please contact the Legal Department if you wish to discuss the purchase of one of these properties.

Properties, pursuant to K.S.A. 79-2803b:

  1. Parcel no.:  DP33000000 0020 
    Case name and number, and cause number:
    Board of County Commissioners of Johnson County, Kansas, Plaintiff, vs. American Dream Homes and Neighborhoods, LLC, et al., Defendants (formerly captioned Board of County Commissioners of Johnson County, Kansas Plaintiff, vs. Michael D. Adkins, et al., Defendants), case number 09cv02449, cause of action number 13.
     
  2. Parcel no.:  NP85580000 0361A
    Case name and number, and cause number:
    Board of County Commissioners of Johnson County, Kansas, Plaintiff, vs. Nicholas J. Bichelmeyer aka Nicholas James Bichelmeyer, et al. Defendants, case number 11cv07843, cause of action number 10.
     
  3. Parcel no.:  NP91450000 0052B
    Case name and number, and cause number:
    Board of County Commissioners of Johnson County, Kansas, Plaintiff, vs.1/OM Corporation, a Kansas corporation, et al., Defendants, case number 11cv06952, cause of action number12.
     
  4. Parcel no.:  NP67400013 0010 
    Case name and number, and cause number:
    Board of County Commissioners of Johnson County, Kansas, Plaintiff, vs.Nafez Alsaleh, et al., case number 11cv07656, cause of action number 34.
     
  5. Parcel no.:  QP25500000 0001
    Case name and number, and cause number:
    Board of County Commissioners of Johnson County, Kansas, Plaintiff, vs.Janice G. Allen, et al., case number 12cv4423, cause of action number 9.

Frequent Questions

What types of properties are in the auctions?

All types. Some have buildings or houses; some are vacant; some are very small strips of land. It is the buyer’s responsibility to research the property to determine whether it is suitable for the buyer.

Will the properties sell for the amount of taxes owed?

They may sell for more; they may sell for less.

Will there be a minimum bid?

The County may choose to bid in at an amount up to the amount of its lien, thereby setting a minimum bid. However, the County is not required to do so.

Does Johnson County sell tax liens?

No. Kansas law does not provide for the auction of tax liens.

Do you have a mailing list?

No

What happens to properties that do not sell at the auction? May they be purchased directly from Johnson County?

In the event all the properties are not sold at an auction, Johnson County will consider all available options and procedures allowed by state law for addressing the unsold properties, including offering those properties again, at the next auction. Offers to purchase properties that did not sell at public auction will be considered and may be accepted upon published notice and court approval.

Does Johnson County allow investors to purchase at tax auctions without attending the tax auction?

Yes, but the investor's agent must register prior to the auction and must attend and bid at the auction. Further, if the investor is the successful bidder, the investor must execute the required affidavit in the allotted time --generally within 48 hours after the auction. All bidders must register prior to the auction. Registration will be held the morning of the auction. The successful bidders and buyers must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax auction property. Generally, Kansas law prohibits the following people from buying at the auction: (1) those who owe delinquent taxes in Johnson County; (2) those who have an interest in the property, for example, owners, relatives, or officers of a corporation that owns the property; and (3) those who buy the property with the intent to transfer it to someone who is prohibited from buying.

Once a property is acquired through a tax auction, is there a redemption period before the purchaser may take possession?

No, with these exception: Some properties are subject to federal lien. The federal agency may redeem the property during the applicable federal redemption period. A deed will not be issued by the Sheriff until expiration of the federal redemption period and only if the federal agency does not redeem the property. All properties are subject to the Service Members Civil Relief Act.

What type of ownership document is issued at the auction?

The buyer will receive a receipt for payment on the day of the auction. The court will hold a hearing approximately three weeks after the auction to determine whether to confirm the auctions. For properties not subject to a federal lien, the Sheriff will issue a Sheriff's Deed after the court confirms the auction. Some properties sold at the auctions are subject to a federal lien. A Sheriff's Deed will be issued for those properties upon the expiration of the applicable federal redemption period--if the federal agency chooses not to redeem the property. If the federal agency redeems the property, no deed will be issued and the person with the winning bid at the auction will receive a refund.

Does Johnson County offer a financial program?

No.

Is payment in full required on the day of the auction?

Yes. All properties must be paid for by the stated time on the day of the auction.

What payment requirements do you have at the auction?

Only cash, a cashier's check, or a money order made payable to Johnson County Sheriff will be accepted. Personal checks will not be accepted.

When and how are your tax auctions advertised? How can I obtain a list of properties for upcoming auctions?

A list of the properties, as well as the date, time and location of the auction and registration requirements will be published prior to the auction in the Kansas City Star. A list of the properties and maps for the properties are available for viewing on this web site. Also, you may obtain a booklet of the properties and maps at the Johnson County Legal Department for $6.00. The booklet may be obtained in person or by mail. To order the booklet by mail, send your name and address to Johnson County Legal Department, 111 S. Cherry Street, Suite 3200, Olathe, KS 66061-3486. Payment is only by check or money order, made payable to Johnson County, Kansas.

What is the date, time, and location of your tax auctions?

Auctions are scheduled when all other tax auction procedures required by law and County policy have been completed. Auction dates, times, and location will be posted on this site as they are set.

Tax Foreclosure Auction

Overview

County tax foreclosure auctions are held to collect unpaid real estate taxes. This website will help you to understand the process and the research you will need to do if you are interested in purchasing property at a tax foreclosure auction. Information on mortgage foreclosures is not included in this site.

Disclaimer

This site is provided by the Johnson County Legal Department for general information. It is not intended as legal advice or as a complete statement of the law regarding tax foreclosures. The procedures described in this outline are subject to change at any time, without notice, depending upon changes in state law or County policies. It is your responsibility to determine and verify all information that you may need, or upon which you may rely, with respect to any property.

Auction Procedures:

Before the Auction

  • The County is required by statute to hold delinquent properties for a redemption period, before the properties can be sued in foreclosure.
  • The County Treasurer publishes a list every September, as required by law. That list is NOT the list for public auction.
  • Several properties will be offered for sale at the auction. Most will be offered individually.
  • YOU ARE RESPONSIBLE FOR RESEARCHING THE PROPERTIES WHICH INTEREST YOU TO DETERMINE IF THEY ARE SUITABLE FOR YOUR USE. Some examples of research: determine the location and type of property; check with the city and county for zoning, building restrictions and special assessments; check with the county appraiser for appraised value and current tax rates; check with the Office of Records and Tax Administration for easements and restrictive covenants; and view the property. Please note: Ownership of the property remains with the current owner(s) until the sale has been confirmed by the court. THEREFORE, YOU MAY NOT ENTER THE PROPERTY WITHOUT THE PERMISSION OF THE OWNER(S).
  • A list of the properties, as well as the date, time and location of the auction and registration requirements, will be published in a newspaper of general circulation within Johnson County once a week for three weeks prior to the sale.
  • Lists will also be available on this website as auction dates are scheduled. You may use the SUBSCRIBE button, located on the sidebar, to receive updates to this website when a sale date is added. NOTE: A subscription is offered as a courtesy and does not entitle the subscriber to any notice, and specifically legal notice, of any auction. Legal notices are published as required by state statute.
  • For a fee, you may obtain a list of the properties and maps at the Johnson County Legal Department. Properties are listed by parcel identification number and by legal description.
  • ADDRESSES ARE LISTED WHERE AVAILABLE BUT ARE NOT WARRANTED AS ACCURATE. THE MAPS ARE NOT WARRANTED AS ACCURATE.
  • The amount of tax listed for each property in the auction notice is the amount of delinquent taxes owed, plus interest, not the assessed value.
  • The current owner(s) may redeem the property at any time prior to the time of sale.

The Auction

  • Properties are sold at public auction to the highest qualified bidder. The county may bid on properties.
  • Some properties may sell for less than the taxes owed; some may sell for more.
  • Registration is required and will be held prior to the sale, as advertised.
  • Generally, state law prohibits the following people from buying at the auction:
    • those who owe delinquent taxes in Johnson County;
    • those who have an interest in the property, such as the owners, certain lien holders, relatives, or officers in a corporation which owns the property; and
    • those who buy the property with the intent to transfer it to someone who is prohibited from bidding.
  • All bidders must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax foreclosure property. The affidavit form is available on this website. Interested bidders may review, print, and complete a copy of the affidavit.
  • Properties will be sold by legal description and by county parcel identification number.
  • PROPERTIES ARE SOLD “AS IS.” THERE ARE NO WARRANTIES.
  • All the properties must be paid for by the stated time on the day of the sale. Only cash, cashier’s check, or money order made payable to Johnson County Sheriff will be accepted.
  • The buyer must pay the fee for filing the deed with Records and Tax Administration.
  • The buyer will receive a receipt for payment on the day of the sale.

After the Auction

  • The Johnson County District Court will hold a hearing approximately three weeks after the auction to determine whether to confirm the sales.
  • Some properties sold at the auction are subject to a federal lien. A deed will not be issued for those properties until the expiration of the federal redemption period of 120 days to one year -- if the federal agency chooses not to redeem the property.
  • For properties not subject to a federal lien, the Sheriff will issue a Sheriff’s Deed after the court confirms the sale.
  • All other liens which were of record will be extinguished upon confirmation of the sale; HOWEVER, COVENANTS, RESTRICTIONS, AND VALID EASEMENTS OF RECORD OR IN USE ARE NOT EXTINGUISHED, AND THE BUYER TAKES THE PROPERTY SUBJECT TO THOSE ENCUMBRANCES.
  • The buyer is responsible for any taxes and assessments which are not included in the judgment, including the full amount assessed against the property for the calendar year in which the auction is held.
  • THE BUYER IS RESPONSIBLE FOR TAKING ANY NECESSARY LEGAL ACTION TO OBTAIN POSSESSION OF THE PROPERTY, SUCH AS, FILING AN EVICTION PROCEEDING.
  • Kansas statutes state that after the confirmation of sale, a legal challenge may still be made questioning the foreclosure procedures. If a challenge is successful, the property could revert to the original owner, and the court could order the purchase price refunded.
  • For ten years, property purchased at tax foreclosure auction may not be transferred to anyone who had a statutory right to redeem. If such a transfer occurs, the person is liable for the amount of the judgment plus interest.
  • Properties that do not sell at auction may be offered again at a later auction or may be sold pursuant to K.S.A. 79-2803a and 79-2803b.

Tax Foreclosure Case List

Prior Tax Foreclosure Sales:

Case No. Caption
93C00312 Board of County Commissioners of Johnson County, Kansas vs. Mary Jo Alderton, et al.
93C06344 Board of County Commissioners of Johnson County, Kansas vs. Gary W. Aaron, et al.
97C05687 Board of County Commissioners of Johnson County, Kansas vs. Gary W. Aaron, et al.
97C07045 Board of County Commissioners of Johnson County, Kansas vs. 69 Investors, Inc., et al.
98C05309 Board of County Commissioners of Johnson County, Kansas vs. Lucius O. Allen, et al.
98C15770 Board of County Commissioners of Johnson County, Kansas vs. Archie L. Bedford, et al.
99C03312 Board of County Commissioners of Johnson County, Kansas vs. J. L. Albertson Co., et al.
00CV03984 Board of County Commissioners of Johnson County, Kansas vs. Richard M. Ackmann, et al.
01CV07009 Board of County Commissioners of Johnson County, Kansas vs. Arthur A. Jensen, Inc., et al.
04CV01824 Board of County Commissioners of Johnson County, Kansas vs. Judy Suzanne Ames, Trustee, et al.
04CV08898 Board of County Commissioners of Johnson County, Kansas vs. AJL Associated, Inc., et al.
05CV03939 Board of County Commissioners of Johnson County, Kansas vs. Janice G. Allen, et al.
06CV08368 Board of County Commissioners of Johnson County, Kansas vs. Eddie R. Badger, et al.
09CV02449 Board of County Commissioners of Johnson County, Kansas vs. American Dream Homes & Neighborhoods, LLC, et al., (formerly captioned Board of County Commissioners of Johnson County, Kansas, vs. Michael D. Adkins, et al.)
11CV06952 Board of County Commissioners of Johnson County, Kansas vs. 1/OM Corporation, et al.
11CV07656 Board of County Commissioners of Johnson County, Kansas vs. Nafez Alsaleh, et al.
11CV07843 Board of County Commissioners of Johnson County, Kansas vs. Nicholas J. Bickelmeyer, et al.
12CV4423  Board of County Commissioners of Johnson County, Kansas vs. Allen, et al.
13CV6710  Board of County Commissioners of Johnson County, Kansas vs. Alexander, et al.