Johnson County Kansas Legal Department

Disclaimer

This outline is provided by the Johnson County Legal Department for general informational purposes. It is not intended as legal advice or as a complete statement of the law regarding tax foreclosures. The procedures described in this outline are subject to change at any time, dependent upon changes in state law and 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.

Auction Procedures
County tax auctions are held to collect unpaid real estate taxes. This outline will help you understand the process and the research you will need to do if you are interested in purchasing property at the tax sale.

Before the Auction

Several properties will be offered for sale at the auction. Most will be offered indiviually.
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 Office of Records and Tax Administration 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).
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 Johnson County once a week for three weeks prior to the sale. This information is also available on the Johnson County website, www.jocogov.org.
For a fee, you may obtain a list of the properties and maps at the Johnson County Legal Department. Properties are listed by parcel identification number and by legal description. 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 sale ad is the amount of delinquent taxes owed, plus interest, not the assessed value.
The current owner(s) may redeem the property at any time prior to the time of sale.

The Auction

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.
Some properties may sell for less than the taxes owed; some may sell for more.
Registration prior to the sale is required. Registration will be held the morning of the sale, as advertised.
Generally, state law prohibits the following people from buying at the auction:
- those who owe delinquent taxes in Johnson County;
- those who have an interest in the property, such as the owners, certain lienholders, 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 bidders must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax sale property.
Properties will be sold by legal description and by county parcel identification number.
PROPERTIES ARE SOLD “AS IS.” THERE ARE NO WARRANTIES.
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.
The buyer must pay the fee for filing the deed with the Records and Tax Administration.
The buyer will receive a receipt for payment on the day of the sale.

After the Auction

The Johnson 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.
The buyer is responsible for any taxes and assessments which are not included in the judgment, including the full amount of taxes assessed against the property for the calendar year in which the auction is held.
THE BUYER IS RESPONSIBLE FOR TAKING ANY NECESSARY LEGAL ACTION TO OBTAIN POSSESSION OF THE PROPERTY, SUCH AS BY FILING AN EVICTION PROCEEDING.
Kansas statutes state that for twelve months after the deed is recorded, 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, property purchased at tax 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. 79-2803ba and 79-2803b.

Upcoming Auctions

The following tax auction, identified by District Court of Johnson County case name and number, is currently pending: CURRENTLY, THERE IS NO SALE SCHEDULED.

Date of Sale: NO DATE IS SET AT THIS TIME.

Property List: (Auction list is subject to change.)
CURRENTLY, THERE IS NOT A LIST AVAILABLE.

Frequent Questions

Q: What is the date, time, and location of your tax auctions?
A: Auctions are scheduled when all other tax auction procedures required by law and County policy have been completed. Auction dates, times, and location will be posted on this site as they are set.

Q: When and how are your tax auctions advertised? How can I obtain a list of properties for upcoming auctions?
A: A list of the properties, as well as the date, time and location of the auction and registration requirements will be published prior to the auction in the Olathe Daily News, once a week for three weeks. Additionally, the list will be advertised in the Kansas City Star and the Johnson County Sun newspapers. A list of the properties and maps for the properties are available for viewing on this web site. Also, you may obtain a booklet of the properties and maps at the Johnson County Legal Department for $6.00. The booklet may be obtained in person or by mail. To order the booklet by mail, send your name and address to Johnson County Legal Department, 111 S. Cherry Street, Suite 3200, Olathe, KS 66061-3486. Payment is only by check or money order, made payable to Johnson County, Kansas.

Q: What payment requirements do you have at the auction?
A: Only cash, a cashier's check, or a money order will be accepted. Personal checks will not be accepted.

Q: Is payment in full required on the day of the auction?
A: Yes. All properties must be paid for by the stated time on the day of the auction.

Q: Does Johnson County offer a financing program?
A: No.

Q: What type of ownership document is issued at the auction?
A: The buyer will receive a receipt for payment on the day of the auction. The court will hold a hearing approximately three weeks after the auction to determine whether to confirm the auctions. For properties not subject to a federal lien, the Sheriff will issue a Sheriff's Deed after the court confirms the auction. Some properties sold at the auctions are subject to a federal lien. A Sheriff's Deed will be issued for those properties upon the expiration of the applicable federal redemption period--if the federal agency chooses not to redeem the property. If the federal agency redeems the property, no deed will be issued and the person with the winning bid at the auction will receive a refund.

Q: Once a property is acquired through a tax auction, is there a redemption period before the purchaser may take possession?
A: No, with these exception: Some properties are subject to federal lien. The federal agency may redeem the property during the applicable federal redemption period. A deed will not be issued by the Sheriff until expiration of the federal redemption period and only if the federal agency does not redeem the property. All properties are subject to the ServiceMembers Civil Relief Act

Q: Does Johnson County allow investors to purchase at tax auctions without attending the tax auction?
A: Yes, but the investor's agent must register prior to the auction and must attend and bid at the auction. Further, if the investor is the successful bidder, the investor must execute the required affidavit in the allotted time --generally within 48 hours after the auction. All bidders must register prior to the auction. Registration will be held the morning of the auction. The successful bidders and buyers must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax auction property. Generally, Kansas law prohibits the following people from buying at the auction: (1) those who owe delinquent taxes in Johnson County; (2) those who have an interest in the property, for example, owners, relatives, or officers of a corporation that owns the property; and (3) those who buy the property with the intent to transfer it to someone who is prohibited from buying.

Q: What happens to properties that do not sell at the auction? May they be purchased directly from Johnson County?
A: In the event all the properties are not sold at an auction, Johnson County will consider all available options and procedures allowed by state law for addressing the unsold properties, including offering those properties again, at the next auction. Offers to purchase properties that did not sell at public auction will be considered and may be accepted upon published notice and court approval.

Q: Do you have a mailing list?
A: No.

Q: Does Johnson County sell tax liens?
A: No. Kansas law does not provide for the auction of tax liens.

Q: Will there be a minimum bid?
A: The County may choose to bid in at an amount up to the amount of its lien, thereby setting a minimum bid. However, the County is not required to do so.

Q: Will the properties sell for the amount of taxes owed?
A: They may sell for more; they may sell for less.

Q: What types of properties are in the auctions?
A: All types. Some have buildings or houses; some are vacant; some are very small strips of land. It is the buyer’s responsibility to research the property to determine whether it is suitable for the buyer.

Johnson County Legal Department
111 S. Cherry St., Suite 3200
Olathe, KS 66061-3486
Phone: (913) 715-1900
Fax: (913) 715-1873