Bidding Rules

 

Summary of Important Dates

 

        

         ST. MARY'S COUNTY, MARYLAND

2021 TAX SALE TERMS OF SALE

 

 

 

BY VIRTURE, OF THE AUTHORITY VESTED IN ME AS COUNTY TREASURER FOR ST. MARY’S COUNTY, MARYLAND, I WILL PROCEED TO SELL THE FOLLOWING DESCRIBED PROPERTIES AT THE 2021 ST. MARY’S COUNTY TAX SALE ONLINE AT https://stmaryscountymd.realtaxlien.com . BIDDING BEGINNING WEDNESDAY, MARCH 3, 2021 AT 10:00 AM AND ENDING FRIDAY, MARCH 5, 2021 AT 1:00 P.M. (MARCH 12, 2021 IF THE SALE IS IMPEDED), UNTIL ALL PROPERTIES IN SAID ST. MARY’S COUNTY, UPON WHICH TAXES AND FEES ARE DUE AND UNPAID, FOR THE TAX YEARS 2019 AND PRIOR, ARE SOLD.

This is an online public auction. Prospective bidders should investigate the properties. There is no warranty, expressed or implied, that a property has a marketable title or contains the area of land which it is said to contain. The purchaser assumes all risks in that regard.

The term “taxes” used therein refers to outstanding Real Estate taxes, Metropolitan Commission (MetCom) Water/Sewer fees, Town of Leonardtown taxes, interest, service charges, penalties, advertising charges, and fees.  St. Mary’s County shall not be responsible or assume any liability resulting from the sale of properties for MetCom or municipal taxes, charges, etc. as said sales are solely for the convenience of MetCom and the municipality.

Online Registration is required to bid at said Tax Sale. Online Registration is open between Thursday, February 4, 2021 to Friday, February 26, 2021 at 12:00 P.M. (noon). There will be a $100 refundable registration fee payable immediately online via ACH Debit authorization at the time of registration.

The St. Marys County Tax Sale will be conducted in accordance with the provisions of the Annotated Code of Maryland, Tax-Property Article, Section §14-817 “Sale at Public Auction”.

Bidders are on notice that the possibility exists that a certificate purchased at the Tax Sale may, upon subsequent inquiry, be determined to be invalid. In the event that a Certificate of Sale is subsequently invalidated, the purchaser will receive a refund of the amount paid at Tax Sale, but will receive NO redemption interest, or reimbursement of attorney fees, title search or other costs. In the event of a valid redemption, the purchaser will be refunded sums pursuant to the Certificate of Sale.

The following properties, in case of failure of payment of all sums due thereon (taxes, fees, interest and costs), before the said day of sale, will be sold by the Collector as authorized by TITLE 14 TAX PROPERTY ARTICLE SUBTITLE 8, to the highest bidder for cash on the day of sale.

Christine L. Kelly

Treasurer

St. Mary’s County, Maryland

 

ALL TAX SALE BIDDERS ARE SUBJECT TO THE FOLLOWING TERMS OF SALE:

 

A.  General Terms of Sale

Section §14-818 of the Tax Property Article of the Annotated Code of Maryland provides that the payment of the purchase price on tax sales “shall be on the terms required by the Collector.”  St. Mary’s County (County) may refuse to accept bids that are not made in good faith. The County requires that all purchasers remit on the day of the tax sale the full amount of all taxes and other outstanding charges due on the property, whether in arrears or not, together with interest and penalties on the outstanding amounts and expenses incurred.  In addition, Section §14-818 provides that “the residue of the purchase price remains on credit.”  The difference between the bid amount and the amount paid at the time of sale must be paid upon foreclosure.

All entity bidders (corporations, partnerships, limited liability companies, limited liability partnerships, trusts and estates) shall be registered in their full corporate names. All entities must provide evidence that they are in good standing in the state they are incorporated. Entity bidders must provide the name and address of their resident agent and street address of their principal place of business. Agents of entity bidders must identify themselves by full name and address and provide evidence of their authorization to bind the principal, if requested by the County.  The St. Mary’s County Tax Collector will only accept bidder registrations for U.S. persons or other U.S. entities (as defined in IRS Form W-9) to participate in the annual tax lien certificate auction.  Redemptions can only be paid/mailed to a United States address.

The St. Mary’s County Treasurer will provide tax sale buyers with IRS FORM 1099 (as defined in IRS Form instructions) and will report any earnings to the proper taxing authorities.  Prospective bidders must provide their social security or tax identification numbers to the County to become a registered bidder.

B.  The Bidding Process

All bidders must register online between February 4, 2021 and February 26, 2021, by 4:00 P.M. There is a $100.00 refundable registration fee required to be at the 2021 Tax Sale payable online immediately upon registration. A bidder number will be assigned. Only one bidder number will be assigned per legal entity. Late registrations will not be accepted. 

The Treasurer or designee may at any time debar, suspend, or eject any bidder from further participation in any tax sale for violation of any terms of the sale.  In addition to the individual bidders that are barred, the entity they represent will also be barred from further participation in any tax sale held by St. Mary’s County.

Any agreement, consent, or conspiracy to suppress, predetermine, rig or fix the bidding at the tax sale is contrary to public policy and the Treasurer retains the authority to void any such bids received. The Collector may refuse any bid which, in the Collector’s sole subjective discretion, will manifestly frustrate the objective and purpose of the Tax Sale.

Bidding will begin at an amount set (amount of Taxes due). Bid prices will be no less than the amount due for taxes and other charges. Bid amounts can be no more than one and one half (1.5) times the assessed value of the property or the open charges, whichever is higher.  St. Mary’s County does not have a bid premium. St. Mary’s County’s annual rate of interest is six (6) %. The auction will begin with a set of properties and proceed in sets until all properties have been sold. If there are no bidders, the property will be sold to the Commissioners of St. Mary’s County.

Each bidder represents and warrants that the bidder is authorized to bid and ready, willing and financially able to consummate each sale and the price(s) bid and that each bid is a bonafide and good faith offer to purchase the Certificate of Sale for the property. Bidders acknowledge that this representation is material to the county’s willingness to issue them a bidder identification number and to accept bids during the sale.

Successful bids will be conditionally accepted, pending payment of the amounts due. In addition, any properties sold at Tax Sale will incur a $3.00 Auctioneer fee to be paid by the winning bidder. Payment is required the day of the tax sale. Payment will be deducted from your bank account by the close of business the day of the tax sale; if the payment cannot be processed through your account, the sale will be voided. The $100.00 registration fee will also be forfeited to the county.

C.  Notice Regarding Redemption, Foreclosure, and Certificates

The Treasurer’s Office will be informing all property owners, and any other known parties having an interest in the property, of your bid price and such other information as may be necessary to enable those parties to make an informed financial decision concerning redemption. Do not contact the property owner within four (4) months of date of the Tax Sale.

The holder of a tax lien certificate is not entitled to reimbursement of any legal or administrative fees or expenses incurred within the first four (4) months after the date of the tax sale.

Tax Sale Certificates of sale will expire two (2) years from the date of the Tax Sale unless a proceeding to foreclose is filed prior to that time. Any right, title and interest of the purchaser in the property sold shall cease at the point of expiration, and all money received by the County as a result of the sale shall be deemed forfeited.

Legal proceedings can be started after six (6) months and one day from the date of Tax Sale, but must be started within two (2) years. The purchaser must notify St. Mary’s County Treasurer’s Office when legal proceedings have been filed with the Circuit Court. The owner or other person that has an estate or interest in the property sold by the collector has the right to redeem the property at any time until the right of redemption has been finally foreclosed.  St. Mary’s County will not handle this foreclosure process.

The purchaser shall pay the balance of the original bid price, and all taxes and all Governmental fees and charges accruing from the date of this Tax Sale immediately following the issuance of a judgment by the Circuit Court and prior to the execution of a deed.

It is the responsibility of the purchasers to collect legal and administrative expenses incurred in any action or in preparation for any action to foreclose the right of redemption. In all instances, an itemized statement of expenses permitted under Section§14-843 of the Annotated Code of Maryland of the Tax Property Article shall be submitted, under affidavit, to the Treasurer’s Office along with the lien release for the property owner to be able to redeem. The County will not be held accountable for collecting expenses associated with the preparation of any action to foreclose the right of redemption or at the time of redemption.

To record a deed to the property from the Treasurer, all governmental taxes, charges and billings including, but not limited to, MetCom and Town of Leonardtown must be brought current as of the date of the deed. 

All redemptions must be processed through the Treasurer’s Office.  

D.  Additional Notes

Whenever a Tax Sale on a property is voided for any reason, purchasers will be notified and advised not to pursue any further foreclosure action or to incur additional expenses. Reimbursement will be made according to Section §14-848 of the Tax Property Article of the Annotated Code of Maryland.

By registering to bid, each bidder represents and warrants that he/she/it is authorized to bid and ready, willing and financially able to consummate each sale at the price(s) bid.  Bidders acknowledge that this representation is material to the County’s willingness to issue them a bidder number and to accept bids during the sale.

Failure to abide by any of the above terms can result, without notice, in barring future participation of the bidder and/or bidding entity for a time limit determined by the Treasurer.

Each bidder agrees to the foregoing terms of sale, with the intention to be bound, and hereby declares and affirms, under the penalties of perjury and the penalties provided by law for false and fraudulent statements, that the information and representations set forth herein and provided to the County are true and correct.

Christine L. Kelly

Treasurer

St. Mary’s County, Maryland 

Revised January 15, 2021

 

Summary of Important Dates

 

 Website  
 Auction Website Opens  02/05/2021 at 9:00 AM ET
   
 Registration  
 Registration Begins  02/05/2021 at 9:00 AM ET
 Registration Ends  02/26/2021 at 4:00 PM ET
   
   
 Registration Fee  
 Registration Fee Amount  100
 Registration Fee - Payment Type(s) Accepted  ACH only
 Registration Fee Refundable?  Yes 

 Registration Fee Due Date

 02/26/2021 at  4:00 PM ET

   
   
 Auction  
 Auction Bidding Style  Direct Bid
 Auction Type  Open - Current high bid is displayed
   
 Batch 1  
 Bidding Begins  03/03/2021 10:00 AM ET
 Closes  03/05/2021 10:00 AM ET
   
 Batch 2  
 Opens - Bidding Begins  03/03/2021 10:00 AM ET
 Closes  03/05/2021 11:00 AM ET
   
 Batch 3  
 Opens - Bidding Begins  03/03/2021 10:00 AM ET
 Closes  03/05/2021 12:00 PM ET
   
 Batch 4  
 Opens - Bidding Begins  03/03/2021 10:00 AM ET
 Closes  03/05/2021 1:00 PM ET
   
 Payments  
 Final Payment - Payment Type(s) Accepted ACH only. Final payments will be auto-deducted from the bank account utilized to transfer the Registration Fee funds.

 Final Payment - Processing Date/Time

 03/05/2021 at 4:00 PM

 



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