Leavenworth County tax lien foreclosure auctions are held annually to collect unpaid real estate taxes. This website will help you to understand the process and the research you will need to do if you are interested in purchasing property at a tax lien foreclosure auction. Information on mortgage foreclosures is not included in this site.
This site is provided by the Leavenworth County Counselor's Office for general information. It is not intended as legal advice or as a complete statement of the law regarding tax lien foreclosures. The procedures described in this outline are subject to change at any time, without notice, depending upon changes in state law or County policies. It is your responsibility to determine and verify all information that you may need, or upon which you may rely, with respect to any property.
Before the Auction
- The County is required by statute to hold delinquent properties for a redemption period, before the properties can be sued in foreclosure.
- The County Treasurer, as required by law, publishes a list every August of properties with delinquent taxes from the prior year. That list is NOT the list for the tax lien foreclosure auction.
- Several properties will be offered for sale at the tax lien foreclosure auction. Most will be offered individually. The auction list of properties is typically published in October or November of each year.
- YOU ARE RESPONSIBLE FOR RESEARCHING THE PROPERTIES WHICH INTEREST YOU TO DETERMINE IF THEY ARE SUITABLE FOR YOUR USE. Some examples of research: determine the location and type of property; check with the city and county for zoning, building restrictions and special assessments; check with the county appraiser for appraised value and current tax rates; check with the Register of Deeds for easements and restrictive covenants; and view the property.
- Please note: Ownership of the property remains with the current owner(s) until the sale has been confirmed by the court. THEREFORE, YOU MAY NOT ENTER THE PROPERTY WITHOUT THE PERMISSION OF THE OWNER(S).
- Approximately 30 days before a scheduled tax sale, a list of the properties, as well as the date, time and location of the auction and registration requirements, will be published in a newspaper of general circulation within Leavenworth County once a week for three weeks prior to the sale.
- A PDF copy of the Tax Sale Auction List will be available on this website as auction dates are scheduled.
- For a fee, you may obtain a paper copy of the Tax Sale Auction List at the Leavenworth County Counselor's Office once the sale date is established.
- All properties are offered for sale by legal description only. The County Tax and CAMA identification numbers and GIS map images are also provided, but those numbers and images are for reference purposes only.
- ADDRESSES ARE LISTED WHERE AVAILABLE BUT ARE NOT WARRANTED AS ACCURATE. THE MAPS ARE NOT WARRANTED AS ACCURATE.
- The amount of tax listed for each property in the auction notice is the amount of delinquent taxes owed, plus interest, NOT the appraised value.
- The current owner(s) may redeem the property at any time prior to the time of sale. A list of properties which have been included in the sale publication, but which have been redeemed prior to the sale, will be on display at the sale. Redeemed properties will not be offered for sale.
- Properties are sold at public auction to the highest qualified bidder. The County may bid on properties up to the amount of taxes and interest it is owed, but is not required to do so.
- Properties offered for sale are subject to a minimum bid. The minimum bid on any given property can be waived at the County's discretion.
- Some properties may sell for less than the taxes owed; some may sell for more. Excess proceeds, if any, will be distributed upon order of the Court and pursuant to K.S.A. 79-2803.
- Registration of bidders is required in order to insure that the bidder is legally qualified to bid/purchase property at the auction. Bidders may pre-register prior to the auction or on the day of the auction between 9:00 A.M. and 10:15 A.M. Bidder Registration Form.
- Generally, state law prohibits the following people from bidding/buying at the auction:
- those who owe delinquent taxes in Leavenworth County;
- those who have an interest in the property, such as the owners, certain lien holders, relatives, or officers in a corporation which owns the property; and
- those who buy the property with the intent to transfer it to someone who is prohibited from bidding.
- All purchasers of a property at the auction must execute a declaration under penalty of perjury that they meet the statutory qualifications for purchasing a tax foreclosure property. Interested bidders may review, print, and complete a copy of the declaration prior to the sale.
- Properties will be sold by legal description only.
- PROPERTIES ARE SOLD "AS IS." THERE ARE NO WARRANTIES. Leavenworth County will not guarantee nor make any warranties, express or implied, as to the validity or marketable title, or condition of any of the property, or its fitness for any use or purpose. Any expense involved in perfecting title or obtaining title evidence or title insurance shall be the responsibility of the purchaser.
- All purchasers are advised to consult with independent counsel prior to making any bid on any property. The Leavenworth County Counselor's Office cannot give any purchaser legal advice concerning these proceedings.
- All the properties must be paid for by the stated time on the day of the sale. Only cash, cashier's check, or money order will be accepted.
- On the day of the sale, the buyer must pay the fee for filing the deed with Register of Deeds. Overcharges will be returned to the buyer. Undercharges must be paid prior to recording.
- The buyer will receive a receipt for payment on the day of the sale.
After the Auction
- The Leavenworth County District Court will hold a hearing approximately three weeks after the auction to determine whether to confirm the sales.
- Some properties sold at the auction are subject to a federal lien. A deed will not be issued for those properties until the expiration of the federal redemption period of 120 days to one year - if the federal agency chooses not to redeem the property.
- For properties not subject to a federal lien, the Sheriff will issue a Sheriff's Deed after the court confirms the sale.
- All other liens which were of record will be extinguished upon confirmation of the sale; HOWEVER, COVENANTS, RESTRICTIONS, AND EASEMENTS OF RECORD ARE NOT EXTINGUISHED, AND THE BUYER TAKES THE PROPERTY SUBJECT TO THOSE ENCUMBRANCES.
- Frequently, properties offered for sale at the auction are subject to special assessments for nuisance abatement (e.g. mowing, demolition) being imposed by a municipal government subsequent to the auction date. The buyer may be responsible for such special assessments, even if the municipality also claimed a lien for the charges which was extinguished upon confirmation of the sale.
- The buyer is responsible for any taxes and assessments, including special assessments, which are not included in the judgment, including the full amount assessed against the property for the calendar year in which the auction is held.
- Leavenworth County makes no assurances that you can obtain title insurance guaranteeing the marketability of the property purchased at the tax sale, nor title insurance for a bank to which you may grant a mortgage, or title insurance to a subsequent buyer from you. You should contact a local title company for information concerning the availability of title insurance.
- Leavenworth County will not furnish any abstract of title, any commitments to insure from any title insurance company, nor will Leavenworth County furnish any title evidence.
- THE BUYER IS RESPONSIBLE FOR TAKING ANY NECESSARY LEGAL ACTION TO OBTAIN POSSESSION OF THE PROPERTY, SUCH AS, FILING AN EVICTION PROCEEDING.
- Kansas statutes state that after the confirmation of sale, a legal challenge may still be made questioning the foreclosure procedures. If a challenge is successful, the property could revert to the original owner, and the court could order the purchase price refunded.
- For ten years from the date of the sale, property purchased at a tax lien foreclosure auction may not be transferred to anyone who had a statutory right to redeem. If such a transfer occurs, the person is liable for the amount of the judgment plus interest.
- Properties that do not sell at auction may be offered again at a later auction or may be sold pursuant to K.S.A. 79-2803a and 79-2803b.