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Legal

Phone: 913-715-1900

111 S Cherry, Suite 3200, Olathe, KS 66061

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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.

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