PURCHASING ADJUDICATED PROPERTY
Adjudicated property is real or immovable property that meets both of the following criteria:
- The property taxes were not paid
- The property was not purchased at a subsequent tax sale
- State law requires that such properties be “adjudicated” to the political subdivision. Once property is adjudicated, it will not typically come up for another tax sale. It can only be: redeemed (which will place the property back in the name of the tax debtor); sold or donated by the political subdivision through the adjudicated properties process; or declared needed by the political subdivision for public purposes.
Of important note, the tax debtor is ineligible to purchase adjudicated property through this program. To reclaim the property, the tax debtor should contact the tax collector and pay the redemption costs.
State law allows the governmental body holding jurisdiction over such property to sell it to the highest bidder via public auction. State law also allows the Parish to establish the minimum bid on these properties.
The entire process from beginning to end is handled by E & P Consulting and generally follows the procedures below:
- Review the Adjudicated Property List
The Adjudicated Property list is available locally from the Parish Police Jury office or through the website of E&P Consulting Services, LLC (www.parishtaxland.com). Review the adjudicated property list for a particular parish to determine if there is a piece of property that you are interested in buying. We recommend that you then conduct a preliminary review of the property by driving by it to ensure that it is vacant or abandoned. Adjudicated property that is not vacant or abandoned can be sold; however, it is important to know if someone is living in or on the property because additional legal requirements can complicate the process.
- Use the Tax Assessor's database
Once you have found a piece of property that you are interested in purchasing, you should use the Tax Assessor's database to review whether the property is still adjudicated. The Asssessor's Website for properties that we assist can be accessed through our website or through the political subdivision's website. If the assessor does not have a website or if you just need assistance with this step, contact us at 318-807-0924.
- Complete a "Request to Purchase Adjudicated Property" form
Once you have identified an eligible property, you should complete and submit a “Request to Purchase Adjudicated Property Form,” Download Form. This form can also be accessed by e-mailing a request to: ParishPropertyInfo@escamillaponeck.com; calling (318) 807-0924 to have a form emailed to you; or picking up the form at 1300 Hudson Lane, Suite 5, Monroe, LA 71201. The form is also available on the following website: www.parishtaxland.com.
- Submit form with a certified check or money order
You should complete the form, sign it, and return it with a certified check or money order made payable to E & P Consulting in the amount of $1,000.00. The packet can be submitted via mail or in person. E & P Consulting Services, LLC, 1300 Hudson Lane, Suite 5, Monroe, Louisiana 71201. Explanation of the administrative fee: The administrative fee pays for the necessary title research, complying with statutory notice requirements which include public notice and individual correspondence, drafting of documents, and executing closing of sale on the property. The only other charges are the cost of the property and the filing fees for conveyance and mortgage records.
- A preliminary investigation of the property will be conducted
After the signed application and initial fee has been received, a preliminary investigation of the property will be conducted to confirm that the property has been adjudicated to the Parish, has not been or is not in the process of being redeemed and is not needed for a public purpose. In the event that the preliminary investigation reveals that the property has been redeemed or is otherwise ineligible for purchase through the Adjudicated Property Program, you will be notified and will receive a full refund of the fee paid.
- "Offer to Purchase"
Once a preliminary determination has been made that the property is eligible for purchase, the minimum bid will be calculated and you will receive a letter inviting an “Offer to Purchase” for the minimum bid amount. You should sign and return the Offer to Purchase as instructed in order to begin the sales process. Note: your fee/deposit is fully refundable until the offer to purchase is signed and returned. Call or email E & P Consulting to reject the offer and receive a refund.
- "Offer to Purchase" is signed and received
Once the signed Offer to Purchase is received, the following will take place (not necessarily in the order listed):i. Examination of the mortgage, conveyance, probate and civil suit records of Parish Clerk of Court to obtain the names of all parties who may have an interest in the subject property.
ii. Preparation of a report on all parties with a real or contingent interest in the property.
iii. Notification of the parties of interest identified in the title research described above.
iv. Schedule of the Property for auction.
vii. Communication of documentation of all of the above to the prospective buyer.
- Required wait time is 60 days to 6 months
There is a required wait time from 60 days to 6 months depending on how long the property has been adjudicated. We communicate with the interested purchaser and the political subdivision during this wait period.
- Public Bidding Session
You will be notified of the date and time of the auction and you or a proxy MUST BE PRESENT for the auction. We can serve as proxy upon request and under most, but not all, circumstances. Other individuals may also attend the auction, but must place $1,000 in certified funds to participate. An oral bidding session will take place to determine the high bidder for the property at issue. Do not bring money to the auction. If you are not the high bidder, you will receive a full refund of the fee/deposit approximately 1-2 business days after the bidding session has occurred. If you are the high bidder, we will schedule the closing to be at a convenient time for you and collect the cost of the property and filing fees at that time.
- We prepare all closing documents
E & P Consulting prepares all closing documents and drafts ordinances supporting and acknowledging the sale.
- It's important to understand..
It is important to understand that the tax debtor has until the time of filing in the records to redeem his or her property whereupon the interested property purchaser would receive a full refund of money paid.
- Make a certified check or money order payable to E & P Consulting
A certified check or money order for the full amount of the purchase price made payable to the E & P Consulting is required. Do not bring money to the auction. The closing takes place at the offices of E & P Consulting Services, LLC, 1300 Hudson Lane, Suite 5, Monroe, Louisiana 71201, or in the office at the parish police jury depending on what is most convenient for the property purchaser.
- Please note..
In addition to the full purchase price, the successful bidder will also be instructed to bring extra funds to the closing for the purpose of recording the sale with the Parish Clerk of Court. The recording fee cannot always be determined until the final closing package has been prepared, but typically between 200-400 for the filings in both the conveyance records (Deed) and Mortgage Records (Affidavit)
- "Non-Warranty Case Sale" Deed & "Affidavit"
Upon closing, the successful purchaser will be issued a “Non-Warranty Cash Sale” Deed and an “Affidavit,” both of which will be recorded with the Clerk of Court by E & P Consulting.
- Parish Assessor will change the ownership
After the sale and recordation, the Parish Assessor will note the change in ownership.
- Deposit refund
Again, the prospective purchaser’s deposit will be refunded if the Tax Debtor redeems the property before sale, or the original prospective purchaser is not the high bidder.
General Disclaimers: You should consider the following in your decision to pursue the purchase of adjudicated property.
- The sale of any property under this program is the prospective buyer’s legal and financial risk. Parish shall be selling the property subject to a non-warranty deed. This means that the Parish and its agent, E&P Consulting Services, LLC, make no warranties of any kind whatsoever, express or implied. The implied warranties of merchantability and fitness for any purpose are hereby disclaimed and excluded. The Parish and its Agent shall not be liable to any applicant, purchaser, owner or any third party for any special, punitive, incidental or consequential damages resulting from the sale of the property. Purchasers will likely need to pursue curative title work at their own expense after the act of sale.
- Parish will reserve any and all of the oil, gas and other mineral rights under the subject property.
To participate in this program, the Parish Police Jury requires that you acknowledge that you have received this information. Your signature on the Request to Purchase Form confirms that you have read and understand the procedures and requirements for participation in the purchase of adjudicated surplus property. In the event that you may intend to use the purchase property as collatoral for debt (have a mortgage on the property), you should disclose this in advance of the purchase so that any options, if available, can be explained or so that the lack of available options can be explained.