Tax Sale Guidelines for Banner County Nebraska

The following is subject to change and does not constitute legal advice.  We are not attorneys and therefore cannot provide any guidance.  It is very important that you understand the complexity of this process.  IF YOU fail to comply with the statutes governing tax sales, you CAN lose a lot of or all your money.  These are the rules of the state.  You have agreed to these rules by your participation.

LOCATION

The tax sale will be held at the Banner County Courthouse, 204 State Street, Harrisburg, NE 69345.  The sale will be held at the treasurers’ office, except in the case of an excess crowd, then the sale will be moved to the court room of the Banner County Courthouse.

REGISTRATION

Tax sales are held on the first Monday in March starting at 8:30 A.M. in the treasurers’ office or other designated location.  The auction starts promptly at the designated time, if you are late you will be placed as the last bidder of the next round, after the current round is completed.  Registration sheets are available through the treasurer’s office.  It is suggested that you preregister before the day of the sale, at which time you must pay a $25.00 participation fee.

BIDDER REGISTRATION

1. Name on the certificate

2. Address on the certificate

3. City, state and zip on the certificate.

4. Mailing address if different than the certificate.

5. Tax ID # or social security #

6. Phone number, fax number and e-mail.

7.  Primary contact

8. Attending representative.

QUALIFIED BIDDERS

Bidders must be separate and distinct bidders.  Bidders who register as basically the same bidder will be disallowed, and only one bidder allowed to participate.  You will also want to read the section on ASSIGNMENTS later in this document.  Each individual may represent only one entity. 

NOTICE

Delinquent taxes are advertised in the Scottsbluff Star-Herald for the first three weeks in February, you may obtain a copy from this source, or from this website.  Normally this list is left “as is” after initial notification, it is your responsibility to inquire about updates or paid statuses.

THE TAX SALE

If no person makes a request to do a bid down on any given parcel then the sale is conducted in the round robin format used extensively in the state of Nebraska.  You will receive a number when you sign in.  After all numbers are distributed, the treasurer will pick a number at random.  That number will be the first person to be offered the first parcel on the tax sale list.  We will then go to the first parcel, which are listed in parcel number order, and the first buyer will have the option of purchasing the tax sale for ALL delinquent back taxes and fees for that parcel.  There is currently a $20.00 fee which is non-refundable upon tax sale redemption.  If the first bidder chooses not to purchase the tax sale then the second bidder (holder of the next number) has the option and so on.  If you pass on your turn you are done for the round of sale until we have gone through all other bidders.  Note that the dollar amounts in the newspaper do not include all delinquent interest and MAY include multiple years of back taxes so be prepared to pay more than the amount published.  It is your responsibility to know what you are buying.  There are no refunds on purchased certificates.

Cell phones will be OFF.  If you have to leave the room to make/take a phone call the tax sale will continue without you.  YOU MAY THEREFORE MISS YOUR TURN.

EXEMPTIONS

We do not sell properties already in tax sale or properties currently in bankruptcy.  If you buy a parcel which later goes into bankruptcy, you may have to see a lawyer.

STATUTES: NEBRASKA REV STATUTES 77-1801…….

Section 18 of Chapter 77 deals with tax sales and certificates.  You may view the chapter at http://statutes.unicam.state.ne.us/ or your local library.  You are NOT purchasing the property.  You have NO AUTHORITY over the property or its disposition whatsoever. You are merely purchasing a tax lien on the property by paying the back taxes.  In three years’ time, you can take action to foreclose on the property if the tax sale you bought is not redeemed.  During the three years, you can pay subsequent delinquent taxes as they become delinquent on April 1 and August 1 of each following year.

ANOUNCEMENTS

Sale day announcements may take precedence over other previous announcements or listings.  If a decision must be made that is not statutory in nature, we are almost always going to defer, within the limitations of the law, with the taxpayer who lives here owns property and therefore pays taxes in Banner County.

Upon completion of the bidding you will be expected to provide a blank check to the Banner County Treasurer.  We will then process your tax sales, and then mail you copies of the certificates.  When we have completed the process, we will process your check and send it to the bank.  We will be happy to contact you with your total purchase check amount. Certificates will be issued in the name you designated when registering, 

REDEMPTION

When a tax sale certificate is redeemed you will be paid 14% interest from the date of sale till the date of redemption.  Please note the $20.00 purchase fee is not reimbursed.  Your check will be sent out when we are certain the redemption check has cleared the bank.

LEFTOVERS

After the tax sale there are usually delinquent taxes that were un-purchased.  These parcels are available day to day, until all are gone.  Prospective buyers should beware of parcels no one else wanted.

ASSIGNMENT

There is a $10.00 fee for assignments.  There are to be ABSOLUTELY NO assignments whatsoever the day of the sale.  The tax sale certificates will be issued in the name of the party on the registration form.  Any assignment within 45 days will be disallowed.  This is being enforced to protect the integrity of the sale for all participants.

DEEDS

There is a $10.00 fee to obtain a treasurer’s deed.  There are statutory timelines involved in this process, and you would be well advised to obtain the advice of an attorney.

FORECLOSURE ACTION

We do not provide legal advice on foreclosure actions.  However, one of your statutory responsibilities is to notify the treasurer’s office if a foreclosure action is filed.  Failure to do so could result in your not receiving various foreclosure fees.

 

Monty Stoddard

Banner County Treasurer

2/10/2016

Statutory changes SHALL take precedence over written information in this document.