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Old 03-14-2010, 05:53 PM
 
3 posts, read 10,967 times
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I purchased a tax lien through Maricopa county. The property that the lien was assessed on is in violation of the city code and the city of Phoenix sent me a letter addressing the issues stating that a responsible party would include "any lien holder whose lien interest is recorded in the official records of the Maricopa County Recorder's Office." The city is threatening that they will abate the property and issue a lien on it if the issues aren't taken care of. This lien would be "superior to all other liens, obligations, mortgages, and other encumbrances except liens for general taxes."

I have two questions. First, if there is a lien assessed by the city, would that be superior to the lien that I hold that was issued by the county? and Second, if I do the work and bring the house to compliance, can I take the position of the city and hold the lien in the same way that I do for the county regarding the back taxes?

Also, if you have any other suggestions that would be helpful, please let me know.
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Old 03-14-2010, 07:14 PM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,422,460 times
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It's pretty tricky to get legal advice on something like this over the internet. I would say this is worth a free/inexpensive initial consultation with an actual lawyer with knowledge of real estate/property law.
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Old 03-14-2010, 09:58 PM
 
845 posts, read 2,327,814 times
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i don't see how you would have a right to even be on the property.
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Old 03-14-2010, 10:06 PM
 
Location: Casa Grande, AZ
8,685 posts, read 16,853,247 times
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Quote:
Originally Posted by jestew View Post
I purchased a tax lien through Maricopa county. The property that the lien was assessed on is in violation of the city code and the city of Phoenix sent me a letter addressing the issues stating that a responsible party would include "any lien holder whose lien interest is recorded in the official records of the Maricopa County Recorder's Office." The city is threatening that they will abate the property and issue a lien on it if the issues aren't taken care of. This lien would be "superior to all other liens, obligations, mortgages, and other encumbrances except liens for general taxes."

I have two questions. First, if there is a lien assessed by the city, would that be superior to the lien that I hold that was issued by the county? and Second, if I do the work and bring the house to compliance, can I take the position of the city and hold the lien in the same way that I do for the county regarding the back taxes?

Also, if you have any other suggestions that would be helpful, please let me know.
Just guessing, but follow Observers advice and get a lawyer, even though you purchased from the county, if the property is violation of city codes, it will need to be dealt with, you won't get away from it...hence county sales being a good deal...
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Old 03-14-2010, 11:47 PM
 
845 posts, read 2,327,814 times
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he purchase the lien and does not yet own the property......................
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Old 03-15-2010, 01:22 PM
 
3 posts, read 10,967 times
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It is a pretty unique situation, I will contact the city and then possibly an attorney. Thanks.
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Old 03-15-2010, 01:38 PM
 
845 posts, read 2,327,814 times
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Let us know what you find out. You might be able to buy that one, too. I acquired a 150,000 sf lot in SC County through the lien process. It seems to be a lot simpler to do land only. The lawyer I use charges 2250 flat fee for a tax lien foreclosure. That includes some hefty filing costs.
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