Every three years Allen County Counselor Alan Weber prepares a foreclosure sale in efforts to collect taxes due on properties whose owners have neglected to pay.
It is never a pleasant experience taking someone’s property, Weber said, even though the fault is theirs for neglecting to meet responsibility of ownership. “Once I had to evict a resident from their home. That was painful.”
Most properties don’t create such a problem. Most are empty lots, or if they have a structure, it’s dilapidated, Weber said.
The process begins early in the year with Darolyn Maley, county treasurer, compiling a list of property owners who have failed to pay taxes, and the amount of taxes owed. This year’s taxes due totaled $423,737.75.
The lion’s share of those notified of their delinquency respond with payments. Only those who have been delinquent for three or more years face foreclosure. Weber has shepherded foreclosure sales long enough to have noticed that occasionally a property appears more than once on the delinquent tax list.
This year’s list contained about 200 properties of three years or more delinquency. Already, that number has been pared to about 60, although Weber said any more payments are unlikely.
Between now and the foreclosure sale at the end of the year Weber will have researched liens against properties, from such sources as banks, the Kansas Department of Revenue, Internal Revenue Service, even the Kansas Department of Children and Families.
When that process is completed, a journal entry will be made in District Court. If no hurdles arise the court will order foreclosure, with another lapse of at least 30 days.
Sheriff Bryan Murphy then will offer properties in the lobby outside District Court. Each parcel, regardless of taxes owed, will be sold to the highest bidder. Unlike mortgage foreclosure sales, owners have no right of redemption once a sale is made.
The sale will be advertised in a public notice in the newspaper.
Potential buyers have some restraints. None can be a relative of the owner of a property they wish to buy, or have any vested interest in the property. Those who are subject to delinquent taxes also are prohibited.
To help potential buyers identify properties, the order of sale published in the Register properties will include street addresses.