FREQUENT QUESTIONS REGARDING THE SALE OF ELMORE COUNTY TAX DEED PROPERTIES
Does the taxing authority sell tax lien certificates or deeds?
How is the tax deed property sold?
When and where are public auctions held? How do I find out if an auction is scheduled?
Can I get more detailed information on the properties to be sold? Where?
How is the minimum bid set?
What is the rate of interest on delinquent taxes?
What is the redemption period for the tax deed properties?
What are the rules of sale regarding payment?
What are the rules of sale for “Bid-In” properties?
What is the process for getting a deed to the property?
We do not sell tax lien certificates or deeds in Idaho. If property taxes on real property become three (3) years delinquent, the county takes title to the property through a process called “tax deed.” This process involves extensive research to make sure that all individuals who are a legal “party in interest” (Idaho Code §63-1005) are notified of the delinquency and given an opportunity to pay the tax and retain their interest. In Elmore County the tax deed hearing is held in May of each year.
The County Commissioners control the decisions to sell property acquired through tax deed. Idaho Code (§31-808) requires that the tax deed parcels be sold or offered for sale “…at public auction…either for cash or upon such terms as the board of county commissioners may determine, and the same must be sold to the highest bidder. The Board of County Commissioners may reserve the right to reject all bids.” Should the County be unable to sell at a public auction any real or personal property belonging to the county, including property acquired by tax deed, it may sell the property without further notice by public or private sale upon such terms and conditions as the county deems necessary.
A notice will appear in the Mountain Home News, legal notices section providing a list of properties to be sold, a legal description and street address for each property, or if no street address, a description of the location stating distance and direction from the nearest city. The legal notice will also list the time, location and terms of sale.
Location maps and basic information on individual parcels can be picked up at the Elmore County Assessor’s Office, Elmore County Courthouse, 150 S. 4th E., Suite #2, Mountain Home, ID 83647.
The commissioners set what they deem to be a reasonable minimum bid based on the information provided by the Treasurer and the Assessor and based upon their own inspection of the property and opinion regarding its potential usage and value. The Treasurer’s office submits a minimum bid recommendation to the commissioners for each property. The recommendation includes an accounting of total taxes owed with penalty and interest, pending issue fees, certifications and special assessments, costs of publication, anticipated recording fees and any other costs incurred in preparing the parcel for sale. The bid recommendation will also include a current market value for the parcel as determined by the Elmore County Assessor.
Interest on delinquent taxes accrues at 1% per month. There is no statutory interest rate, which applies to parcels after they are taken by the county through the tax deed process. We apply 1% per month when calculating recommended bid requirements.
After the issuance of a tax deed, real property may be redeemed only by the record owner or owners, or party in interest, within fourteen (14) months of the issuance of such tax deed or up to the time the county commissioners have entered into a contract of sale or the property has been transferred by county deed. In order to redeem real property, the record owner or owners, or party in interest, shall pay any delinquency including the late charges, accrued interest, and costs, including, but not limited to, title search, and other professional fees (see Idaho Code 63-1007) After the sale, there is a one (1) year period in which the property may be redeemed if the tax deed process is proven to be irregular (see Idaho Code 63-1011).
Terms of sale are determined by the Commissioners, requiring payment in full in cash or certified check no later than 5:00 p.m. on the sale date.
This is not yet available in Elmore County.
Elmore County issues a Quit Claim Deed upon the sale of property taken through tax deed. Generally, these properties are not eligible for title insurance for at least three (3) years after purchase. A purchaser could employ an attorney to proceed with Quiet Title action if desired. (See Idaho Code §63-1005 – Three years’ possession under tax deed conclusive as to regularity of proceedings.)
ELMORE COUNTY MAKES NO REPRESENTATION OR GUARANTEE AS TO THE ACCESSIBILITY, VALUE OR USABILITY OF THE PROPERTIES TO BE AUCTIONED.