Putting “for sale” signs on tax sale properties comes up often. Today, I received a question from someone who had been given a price quote by the State, planned to pay the full quoted price, and would receive a tax deed. Her question was, “Can I immediately put a sign up indicating I will own this property soon, and asking people to contact me if they are interested?”
There are several reasons why she cannot, and SHOULD not, put up such a sign until AFTER she has her deed.
- It is not her property until she actually receives the tax deed. If she puts up a sign, she is trespassing and could be subject to criminal prosecution.
- Just because she is willing to pay the quoted price does not mean she will get the deed. Taxpayers sometimes redeem right before the deed is signed by the Governor. That happens because the State is legally obligated to notify the former owner before the tax deed is signed, to give them the chance to redeem before that happens.
- Shining a spotlight on a good property might cause a vulture investor to buy up the taxpayer’s rights and redeem it from the State. The lady who asked for the price quote will lose her deal. Laying low is the best policy, until she has that deed.
Another person’s “sign” question had to do with posting a property as “No Trespassing” and if that were enough to establish possession. Answer: It is an indication of possession, but is not enough all by itself. If you do not want to get an ejectment order, do as many things as you can to take possession. Rent the property out, even if just for garage sales or growing turnip greens. Put up “For Sale” signs. You don’t have to actually sell it to anyone who asks. Keep the grass cut or the frontage mowed. Put out survey stakes approximately along the property line, every 10 or 12 feet, with orange flagging on them. Put your phone number on a No Trespassing sign. The thing about possession is that it is supposed to alert people there is a “new Sheriff in town” and they should ask questions if they are the former Sheriff.
Remember, if you have a question, you can always write. If it’s something I think might interest other people without giving away any of your tactics or secrets or identify, I might make a blog article about it.