Tax Deed Process

(an Overview of Idaho Code Sections 63-1003 – 63-1011)

About Real Property Tax Delinquencies (63-1003):

Any delinquency on real property taxes constitutes a perpetual lien against the property in favor of the county for all taxes, late charges and interest. The lien stands until all delinquent amounts owing are paid in full.

Property tax delinquency takes a top priority over all other liens (“..a first and prior perpetual lien”)

Tax Lien Certificates are NOT sold in the State of Idaho. Some states “sell” tax lien certificates to parties willing to pay the tax delinquency – Idaho does not. We do not provide information to investors regarding the laws and practices of other states regarding tax delinquencies.

“Redemption” of the lien(s) occurs when the delinquent property taxes are paid in full.

The Tax Deed Process:

The Taxpayer must pay the third-year delinquency in full to stop the Tax Deed Process.

Partial payments will be accepted and applied at any time but will not stop the Tax Deed action unless the third year delinquency is paid in full.

As soon as the hearing is scheduled the tax deed calendar is created, working backward from the hearing date. The Tax Deed Calendar includes the following events (Idaho Code reference in italics indicates statutory  requirement – other steps are policies of the Elmore County Treasurer’s Office which satisfy statutory requirements of notification and due diligence)

Guaranteed funds – cash, money order, or credit/debit card accepted to stop Notice of Pending Issue.

PENDING ISSUE FEE IS ATTACHED (5:00 p.m. the night before the notice of pending issue is printed – see below). The law allows the Treasurers office to      attach this fee to recover the costs of the tax deed process so that other taxpayers are not required to bear this burden. (Pending Issue Fee $400 approximately)

NOTICE OF PENDING ISSUE OF TAX DEED mailed to owner and interested parties. (63-1005(2a) …such service of notice to be made no more than (5) five months nor less than (2) months before the time set for the tax deed to issue;)

Guaranteed funds-cash, money order, or credit/debit cards required to avoid publication of the owner’s name in Mountain Home News as having property pending issue of Tax Deed.

TAX DEED NAMES, ADDRESSES, PROPERTY DESCRIPTION IS PUBLISHED IN THE MOUNTAIN HOME NEWS (1 day a week for 4 weeks). (63-1005(2b) …such publication must be made at least once a week for four (4) consecutive weeks, the last publication of which is to be no more than two (2) months nor less than fourteen (14) days before the time set for the tax deed to issue).

Guaranteed funds-cash, money order, or credit/debit card required to redeem the delinquency and stop Tax Deed action.

DEADLINE FOR RECORDING OF AFFIDAVIT OF COMPLIANCE (63-1005 (8-9), At least (5) five days before the tax deed, the county treasurer shall make an affidavit of compliance stating that he or she has complied with the conditions of issuance of notice of pending issue…such affidavit shall be delivered to the county recorder to be by such officer entered on the records of his or her office…)