Tax Foreclosure Auctions
The Sherman County Commissioners have authorized the Sherman County Attorney to initiate foreclosure proceedings on eligible real properties per Resolution # 2014-12.
Properties will include those that remain unpaid for three years past being bid in by Sherman County for delinquent ad valorem property taxes and those commercial or vacant lots that remain unpaid.
- The sale will be held December 15, 2016. 9:30 Mountain time
In the state of Kansas, counties are allowed to sell real property having delinquent real estate taxes at the conclusion of the judicial tax foreclosure procedure via open auction (no sealed bids). Properties are sold to the highest qualified bidder.
"Notice of sale” is published in the officially designated county newspaper, the Goodland Star News. Copies are available in the county treasurer’s office, first floor of the courthouse. When the date of sale is set, the case can be accessed at on this website.
Time, Date and Location
Tax foreclosure auctions take place in the Sherman County Court House. The date is determined four to six weeks prior to the sale date and is announced through publication in the Goodland Star News or may be obtained by calling the treasurer’s office, 785-890-4810. You may also request to have an email notification sent to you when the sale dates are scheduled.
Owners, heirs and lien holders of record have the right to redeem properties through close of business the day prior to the sale date. Therefore, prospective bidders are cautioned that they cannot be sure a given property will actually be sold at auction until the specified sale date.
All sales are final, unless successfully challenged in court.
Prospective bidders should adequately acquaint themselves with the properties in which they are interested prior to the auction. Suggested inquiries might be considered in the areas of: special assessments - county clerk’s office or respective city clerks’ offices; zoning and building restrictions; respective county or city building, planning and inspection offices; plat maps - county clerk’s office; deed information - county clerk’s office or register of deeds’ office.
If a person desires to purchase a property prior to auction, that transaction is strictly between that person and the owner of record. To stop the tax foreclosure process, the full amount of taxes and interest plus court costs must be paid. The mere transfer of title, even having the deed recorded, will not stop the proceedings nor the sale. Only when all taxes and court costs are paid will the property be deleted from the sale.
Buyers of tax foreclosure properties are responsible for the full amount of taxes for the year of the sale, regardless of the date of sale. Buyers are responsible for all current and future special assessments on the property. Buyers are not responsible for any delinquent taxes.
Owners or lien holders of record can challenge sale of properties sold at a tax foreclosure auction after the sale through district court. The county may defend the sale with appointed counsel. Buyers may, at their own expense, engage their own attorney if they wish to be represented during such action. If the court should decide in favor of the plaintiff and set aside the sale of the property, the court will direct the county regarding refunding the full purchase price plus any fees paid.
Terms of Sale
Bidders must be registered and have a bidding number to participate in the bidding. Registration will begin approximately one hour prior to sale time. To register, a person must provide two pieces of positive identification showing name and address (with an attached photograph on one piece), provide their telephone number or other verifiable contact method, and provide their signature certifying they are not the record owner of any real estate upon which there are delinquent ad valorem or special assessment taxes. Only then will a bidding number be issued.
Successful bidders will be responsible for their bids and must not depart the auction without making payment in full for their purchase(s). If not, legal action may be taken against you to enforce your bid and you may be ineligible to bid at future sales.
Terms of payment will be announced prior to sale
According to K.S.A. 79-2804, the sheriff is required to register the deeds for properties purchased at tax foreclosure auction prior to delivering them to the buyer. Therefore, the filing fee for registration of the deed(s) will be collected from the buyer of each parcel at the time of sale.
A receipt of purchase will be given at time of payment. A sheriff’s deed will be mailed to successful bidders as soon as “confirmation of sale” is filed with the clerk of the district court and the deeds are recorded with the register of deeds office. This usually requires a waiting period of approximately 90 days after the date of sale. This waiting period allows all checks to clear and the settlement of any disputed sales (challenges) in court. The county desires to conclude the case in the most expeditious, legal manner possible. It also may take additional time for prior years’ delinquent taxes to be purged from the property record.
If a successful bidder purchases an occupied property, the purchaser is responsible for handling this instance in a considerate manner. The county is NOT RESPONSIBLE FOR EVICTION.
Purchasers are responsible for payment of the current full year of taxes (ad valorem and any “specials”) for any tax foreclosure auction during that year. The taxes are not pro-rated to sale dates. “Specials” can be added up to August 26 of each year. “Specials,” which purchasers will pay as part of that year’s taxes, may be announced at the sale, however all specials may not be listed.