Do you ever wonder about the fate of mortgage loans during a tax deed sale? For those who are considering buying or selling property by way of tax deed, it pays to understand how mortgages impact transactions.

After all, if a mortgage isn’t handled correctly, the entire transaction could be invalidated! Fortunately, understanding the specifics of mortgages and their relation to tax deeds is not as difficult as one might assume – especially when paired with a knowledgeable professional.

In this blog post – for real estate investors, tax deed investors, lenders and realtors alike – we will delve into the unique relationship between mortgages and tax deed sales so that everyone can navigate these tricky processes successfully.

The majority of tax deed sales occur in what are known as non-judicial states. Non-judicial states have unique laws governing tax deed sales, which can make the process more confusing for those unfamiliar with it. During a tax deed sale, properties delinquent on their property taxes are auctioned off to the highest bidder.

This means that the previous owner’s rights to the property are terminated, and the new owner immediately takes possession. The sale proceeds are then used to pay off any outstanding tax liabilities.

Because the sale is non-judicial, there is no court oversight involved. As such, the process can be quite lucrative for savvy investors and lenders or realtors looking to acquire properties at a relatively low cost. However, tax deed sales can also be risky without proper due diligence. 

For anyone involved in the world of real estate, the terms “tax deed” and “mortgage” are most likely very familiar. But what happens when the two intersect? Specifically, what does it mean for a mortgage to be extinguished during a tax deed sale? For realtors, investors, and lenders alike, understanding the consequences of such a situation is crucial.

When A Mortgage Gets Wiped Out From a Tax Deed Sale

Although a tax deed sale is a non-judicial method of selling a property to settle delinquent taxes, under certain conditions, a mortgage can be extinguished.

This means that any lien on the property held by the lender is erased, leaving the buyer of the tax sale with clear title. It’s important for anyone exploring real estate investment to be aware of the potential risks and rewards of tax deed sales and the impact they can have on mortgages.

In order for a mortgage to be extinguished through a tax deed sale, there are several conditions that must be satisfied:

    1. The property must be auctioned off to the highest bidder at a tax sale to satisfy the unpaid taxes.
    2. The lender must have received notice of the tax sale and also have failed to remedy the tax delinquency.
    3. The lender must have not redeemed the property within a specific period called the redemption period.


Assuming all these conditions are met, the property’s ownership transfers to the new owner free and clear of the mortgage. This implies that it’s as if the mortgage no longer exists, and the property is free for the new owner to enjoy, make use of or sell without having to worry about the previous mortgage payments.

Investors in non-judicial foreclosure states will face unique hurdles even after acquiring property due to the intricacies of the tax deed sale process. As major liens, including first mortgages, are extinguished by the sale, options for financing or disposition become limited. In such a situation, a quiet title action may be necessary.

However, there is no need to worry if you enlist the expertise of Tax Title Services. Their dedicated team specializes in reviewing the accuracy of tax deed sales and can help you obtain title insurance, freeing you to pursue any financing or disposition strategy you desire while giving you peace of mind about your investment . The added benefit?

You stay out of court and save on expensive legal fees that go along with a quiet title action. Don’t let legal hurdles get in the way of maximizing the return on your investment when you can rely on the knowledge, skills, and experience of the experts at Tax Title Services.