Bidding Rules

Talbot County, Maryland
Bidding Rules Required by the Finance Director
2022 Tax Lien Sale (for Tax Years 2021-
2022 and prior)

TAX SALE NOTICE
TERMS OF SALE
SUMMARY OF IMPORTANT DATES AND INFORMATION

 

TAX SALE NOTICE

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS Finance Director FOR Talbot County, I WILL PROCEED TO SELL THE FOLLOWING DESCRIBED PROPERTIES AT THE 2022 Talbot County TAX SALE ONLINE AT https://talbot.marylandtaxsale.com/ BIDDING BEGINNING Tuesday, May 10th, 2022 AT 12:00 pM ET AND ENDING Wednesday, May 11th, 2022 AT 12:00 PM ET, UNTIL ALL PROPERTY IN SAID Talbot County, UPON WHICH TAXES AND FEES ARE DUE AND UNPAID, FOR THE TAX YEARS 2021-2022 AND PRIOR, IS SOLD.

Online Registration is required to bid at said Tax Sale.  Online Registration will begin at 9:00 AM ET on Wednesday, April 13th, 2022 and will end at 4:00 PM ET on Wednesday, May 4th, 2022.  There will be a non-refundable registration fee of $100.00, payable immediately online via ACH Debit authorization at the time of registration. If you are the record-title holder of property in Talbot County listed for tax sale, you are eligible to bid only on property held in your name unless all outstanding taxes have been paid in full prior to the tax sale.

On all such property shall be interest due, pursuant to law, advertising fees in each case advertising/auction fee of $25.00 per property, other costs and expenses and fees after the sale, all to be paid by the delinquents or to be collected out of the proceeds of said property in case of proceedings for ratification, redemptions, etc., as the case may be.

Talbot County will impose a high bid premium (the "Premium") for this sale pursuant to Tax-Property Article § 14 817 (b) (2), Maryland Annotated Code, equal to 20% of the amount by which the highest bid exceeds 40% of the property’s full cash value. The Premium will be due on the day of the sale, held by Talbot County without interest, and will be returned only upon redemption of the property or foreclosure of the right of redemption.

 

  High Bid Premium Calculation Example:
  Taxes:   $   1,000.00  
     
  High Bid Premium:    
  Cash Value: $100,000.00    
  40% Cash value ($100,000 x .40) $ 40,000.00    
     
  Bid: $ 50,000.00    
  Less 40% Cash Value: $ 40,000.00    
  Total: $ 10,000.00    
     
  20% Premium ($10,000 X .20):   $  2,000.00  
     
  Total Payment:   $  3,000.00  

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 be notified and advised not to pursue any further action or to incur additional expenses.  Reimbursement will be limited to the amount paid at the sale unless otherwise required by law.

Each property will be offered as is and sold to the highest bidder at or above the minimum bid. The minimum bid will be the total amount of all accrued taxes, interest, and penalties plus expenses of sale allowed by law. The successful bidder is required to pay the minimum bid plus any applicable Premium on the day of 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 balance of the purchase price shall be due in full upon foreclosure of the right of redemption. Redemption rate 6%.

If the property is redeemed after the date of sale but prior to issuance of the Certificate of Sale, the redeeming party shall be required to pay to Talbot County: 1) the total sum paid at the tax sale by the successful bidder; 2) any delinquent taxes, interest, and penalties accruing on the property after the date of sale; 3) 6% simple interest accruing on those amounts, except that any Premium shall accrue no interest; and, 4) any actual and reasonable expenses incurred in preparation for any action to foreclose the right of redemption, beginning four (4) months after the date of the tax sale.

If the property is redeemed after four (4) months from the date of the tax sale but prior to the issuance of the Certificate of Sale, the successful bidder will be sent via regular first-class mail, notice that a person in interest has indicated an intent to redeem. The successful bidder and any assignee are required to advise the Talbot County Finance Office of any change of address. The successful bidder or any assignee will be required to complete, execute under oath, and return a Redemption Audit & Summary form within 15 days from the date the notice is sent. The successful bidder or assignee will be required to include copies of all documents on which they rely to show that they have actually incurred the expense for which they are claiming reimbursement (e.g.: valid invoices, statements, cancelled checks, receipts, etc.). Claims for reimbursement with inadequate or missing documentation will be disallowed.

Upon redemption, Talbot County shall notify the successful bidder and deliver the collected funds. The successful bidder shall not be entitled to any amounts other than those calculated and collected as stated above. Notice shall be sent by regular first-class mail to the successful bidder at the address provided on this form. The successful bidder is required to advise the Talbot County Finance Office of any change of address. 

Talbot County will mail Certificates of Sale on or before November 12, 2022 to successful bidders for those properties that remain unredeemed. A Certificate of Sale holder may commence an action to foreclose the rights of redemption 6 months from the date of the sale. Claims by certificate-holders for reimbursable expenses will be limited to those actually incurred in any action or in preparation for any action to foreclose the right of redemption as allowed by law, Tax-Property Article, § 14-843, Maryland Annotated Code. No claim for reimbursement for any expenses will be allowed absent satisfactory proof that the allowed expense has been actually incurred and paid. Certificate holders will be required to provide invoices, statements, canceled checks, or other satisfactory evidence of payment.

A certificate holder has the right to foreclose the rights of redemption by filing an action in the Circuit Court for Talbot County, Maryland. Certificates become void unless a proceeding to foreclose is filed within two years from the date of the certificate (Maryland Annotated Code, Tax-Property § 14 820).

For properties redeemed after issuance of a Certificate of Sale, Talbot County will send to the certificate-holder, by regular first-class mail, notice that a person in interest has indicated an intent to redeem. The certificate-holder and any assignee are required to advise the Talbot County Finance Office of any change of address or assignment of the certificate of sale. The certificate holder will be required to complete, execute under oath, and return a Redemption Audit & Summary form within 15 days from the date notice is sent. Certificate holders will be required to include copies of all documents on which they rely to show that they have actually incurred the expense for which they are claiming reimbursement (e.g.: valid invoices, statements, cancelled checks, receipts, etc.). Claims for reimbursement with inadequate or missing documentation will be disallowed. 

IMPORTANT!!!  Certificate holders waive their right to reimbursable expenses allowed under § 14-843 if they do not provide a completed Redemption Audit & Summary form and documentation to Talbot County within 15 days from the date notice is sent.

In accordance with provisions of the Tax-Property Article § 14-839 (c), Maryland Annotated Code, Talbot County, Maryland shall be notified upon filing of an action to foreclose the right of redemption. 

If the plaintiff is successful in an action to foreclose the right of redemption, he/she will deliver a legally sufficient deed to the Talbot County Finance Office. At that time, the balance of the purchase price and all the other taxes and charges shall be due and payable.

Notice will be sufficient if served upon: Talbot County, Maryland, Talbot County Finance Office, c/o Finance Office Manager, 11 N. Washington Street, Suite #9, Easton, Maryland 21601.

Talbot County reserves the right to reject any bid submitted by any bidder committing any act, agreement, consent, or conspiracy to suppress, predetermine, rig or fix the bidding at the sale, and to void any sale to any such bidder including reimbursement for any expenses incurred in an action or in preparation for an action to foreclose any right of redemption in connection with any such bid.

 

Joye Nagle
Finance Director

 

 

TERMS OF SALE

This is an online public auction. Prospective bidders should investigate the properties. There are no warranties, expressed or implied, (a) that a property has a marketable title, (b) the property contains the area of land which it is said to contain, or (c) the property is located correctly on the tax maps of Talbot County, Maryland.  The purchaser assumes all risks in these regards. The sale of the property is subject to any discrepancies or conflicts in boundary lines.  The property is being sold as is, without any warranties. The term “taxes” used therein refers to outstanding real estate taxes, property liens, water/sewer usage charges, interest, municipal and other service charges, penalties, and advertising charges. Talbot County shall not be responsible or assume any liability resulting from the sale of properties for municipal taxes, charges, etc. as said sales are solely for the convenience of the municipality. 

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

 

A. General Terms of Sale

1.  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”.  Talbot County (County) requires that all purchasers remit on the day of the tax sale before 4:00 pm 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.  Failure to pay by 4:00 pm will result in the purchaser being barred from future tax sales.  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.

2.  The bidding process for Tax Sale is by online bid.  Bidding begins at 12:00 PM ET on Tuesday, May 10th, 2022 and concludes at 12:00 PM ET on Wednesday, May 11th, 2022.

3.  Online registration is REQUIRED.  Online registration will begin on Wednesday, April 13th, 2022 at 9:00 AM ET and will end at 4:00 PM ET on Wednesday, May 4th, 2022. There will be a $100.00 non-refundable registration fee payable immediately online via ACH Debit authorization at the time of registration.

4.  Who can bid:

    a. Any individual;
    b. A member of a Limited Liability Company (LLC) if the LLC has no manager;
    c. A manager of the LLC;
    d. A general partner of a partnership or limited partnership;
    e. The administrator or executor of an estate;
    f. The trustee of a trust.
    g. If the bidder is a corporation, a principal officer or corporate officer who has legal authority to bind the corporation; any person who is designated by the board of directors or other governing body of the corporation; any officer or employee of the corporation upon written request signed by a principal officer of the corporation and attested by the secretary or other officer of the corporation.

5.  Bidding must be done online at https://talbot.marylandtaxsale.com.  All entity bidders (corporations, partnerships, limited liability companies, limited liability partnerships, trusts and estates) must establish their eligibility for bidding by presenting satisfactory evidence of the legal existence of the bidding entity and by identifying a single agent to bid for that bidding entity.  All entity bidders must provide the following information:

    a. Legal name of entity;
    b. Resident agent(s) name, address, and telephone number;
    c. Street address for principal place of business;
    d. Bidder’s name, address, telephone number, and photo identification;
    e. State identification number, if applicable;
    f. Evidence that entity is in good standing in the State of Maryland; and
    g. Agents of entity bidders must identify themselves by full name and address, and provide evidence of their authorization to bind the principal.

B. The Bidding Process

1.  The County, Finance Director, or designee may at any time debar, suspend, or eject any bidder from further participation in any tax sale for disruption of the sale or 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 Talbot County.

2.  Any agreement, consent, or conspiracy to suppress, predetermine, rig or fix the bidding at the tax sale is contrary to public policy and the County, Finance Director, or designee retains the authority to void any such bids received. 

3.  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. Talbot County has a bid premium. The bid premium is 20% in excess of 40% of the assessed value. Talbot County’s annum rate of interest is 6 percent. 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 Talbot County. 

4.  The premium is returned, without any interest, upon redemption or foreclosure.  The high-bid premium is not refundable after the time required under Section 14-833 of the Tax-Property Article for an action to foreclose the right of redemption if there has been no redemption and if an action to foreclose the right of redemption has not been filed within that time.

5.  Successful bids will be conditionally accepted, pending payment of the amounts due. 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.

 

C.  Notice Regarding Certificate of Sale, Redemption, and Foreclosure

1.  Certificates of Sale - Talbot County will mail Certificates of Sale on or before November 12, 2022 to successful bidders for those properties that remain unredeemed. A Certificate of Sale holder may commence an action to foreclose the rights of redemption 6 months from the date of the sale. Claims by certificate-holders for reimbursable expenses will be limited to those actually incurred in any action or in preparation for any action to foreclose the right of redemption as allowed by law, Tax-Property Article, § 14-843, Maryland Annotated Code. No claim for reimbursement for any expenses will be allowed absent satisfactory proof that the allowed expense has been actually incurred and paid. Certificate holders will be required to provide invoices, statements, canceled checks, or other satisfactory evidence of payment.

A certificate holder has the right to foreclose the rights of redemption by filing an action in the Circuit Court for Talbot County, Maryland. Certificates become void unless a proceeding to foreclose is filed within two years from the date of the certificate.  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.  (Maryland Annotated Code, Tax-Property § 14-820).

2.  Redemption - The Finance Office will be informing property owners of your bid price and such other information as may be necessary to enable those parties to make an informed financial decision concerning redemption. 

The owner or other person having an estate or interest in the property sold has the right to redeem the property at any time until the right of redemption is finally foreclosed by an order of the Circuit Court (Section 14-827).

Payment must be made by certified check, cashier’s check, mortgage company check, money order, or cash. 

If the property is redeemed after the date of sale but prior to issuance of the Certificate of Sale, the redeeming party shall be required to pay to Talbot County:

  1. the total sum paid at the tax sale by the successful bidder;  
  2. any delinquent taxes, interest, and penalties accruing on the property after the date of sale; and,  
  3. 6% simple interest accruing on those amounts, except that any Premium shall accrue no interest.
  4. any actual and reasonable expenses incurred in preparation for any action to foreclosre the right of the redemption, beginning four (4) months after the date of sale.

 

If the property is redeemed after four (4) months from the date of the tax sale but prior to the issuance of the Certificate of Sale, the successful bidder will be sent via regular first-class mail, notice that a person in interest has indicated an intent to redeem. The successful bidder and any assignee are required to advise the Talbot County Finance Office of any change of address. The successful bidder or any assignee will be required to complete, execute under oath, and return a Redemption Audit & Summary form within 15 days from the date the notice is sent. The successful bidder or assignee will be required to include copies of all documents on which they rely to show that they have actually incurred the expense for which they are claiming reimbursement (e.g.: valid invoices, statements, cancelled checks, receipts, etc.). Claims for reimbursement with inadequate or missing documentation will be disallowed.

Upon redemption, Talbot County shall notify the successful bidder and deliver the collected funds. The successful bidder shall not be entitled to any amounts other than those calculated and collected pursuant to Paragraph D. Notice shall be sent by regular first-class mail and deemed sufficient if sent to the successful bidder at the address provided on this form. The successful bidder is required to advise the Talbot County Finance Office of any change of address. 

For properties redeemed after issuance of a Certificate of Sale, Talbot County will send to the certificate-holder, by regular first-class mail, notice that a person in interest has indicated an intent to redeem. The certificate-holder and any assignee are required to advise the Talbot County Finance Office of any change of address or assignment of the certificate of sale. The certificate holder will be required to complete, execute under oath, and return a Redemption Audit & Summary form within 15 days from the date notice is sent. Certificate holders will be required to include copies of all documents on which they rely to show that they have actually incurred the expense for which they are claiming reimbursement (e.g.: valid invoices, statements, cancelled checks, receipts, etc.). Claims for reimbursement with inadequate or missing documentation will be disallowed. 

IMPORTANT!!!  Certificate holders waive their right to reimbursable expenses allowed under § 14-843 if they do not provide a completed Redemption Audit & Summary form and documentation to Talbot County within 15 days from the date notice is sent.

In accordance with provisions of the Tax-Property Article § 14-839 (c), Maryland Annotated Code, Talbot County, Maryland shall be notified upon filing of an action to foreclose the right of redemption. 

If the plaintiff is successful in an action to foreclose the right of redemption, he/she will deliver a legally sufficient deed to the Talbot County Finance Office. At that time, the balance of the purchase price and all the other taxes and charges shall be due and payable.

Notice will be sufficient if served upon:

Talbot County, Maryland
Talbot County Finance Office
c/o Finance Office Manager, Suite #9
11 N. Washington Street
Easton, Maryland  21601
Phone:  (410) 770-8020
Fax:       (410) 770-8006
 

3.  Foreclosure - The holder of a certificate of sale may at any time after the expiration of six months from the date of sale, file a complaint in the Circuit Court to foreclose all rights of redemption of the property to which such certificate relates.  If such action is not taken within a two-year period subsequent to sale, the certificate is null and void (Section 14-833).  The plaintiff must forward a copy of the complaint to the Department of Finance.

The certificate of sale must be attached and made a part of the complaint (Section 14-835).

The plaintiff in any action to foreclose the right of redemption must be the holder of the certificate of sale.

The defendants in the proceedings must be (a) record owner(s) of the property, (b) owner of ground rents, if applicable, (c) mortgage holders and trustees under any deed of trust, and (d) the County (Section 14-836).

The final judgment of the Court will direct the Collector to execute a deed upon payment to the Collector of the balance of the purchase price, together with all taxes, interest, penalty and charges accruing subsequent to the sale.  The deed is to be prepared by the holder of the certificate of sale or an attorney.  The Collector is not obligated to execute the deed until the clerk of the court has furnished the Collector with a certified copy of the judgment.  If the holder of the certificate does not comply with the terms of the final judgment within 90 days, the judgment may be stricken by the Court upon the motion of an interested party (Section 14-847).

Once a judgment is granted, the plaintiff becomes liable for taxes due after the judgment and for any surplus bid (Section 14-844).

 

D.  Notice Regarding Invalid Certificates and Voided Sales

1.  Bidders are on notice that possibility exists that a certificate purchased at the Tax Sale may, upon subsequent inquiry, be determined to be invalid or void. The County reserves the right to invalidate or void a sale at any time.  In the event the County determines that a tax sale is invalid or void the County will, as the exclusive remedy available to the purchaser, reimburse the purchaser the tax sale purchase price paid, without interest, and any applicable high bid premium paid, without interest.  Events that may invalidate a tax sale include, but are not limited to, bankruptcy filings prior to the tax sale, transfer errors on the assessor’s records that cause the failure of notice to the proper property owner or sale of incorrect property, payment of taxes prior to the tax sale, issuance of a revised assessment by the assessor, value changes by the assessor, erroneous service charges, or service fees.  The tax sale bidder/purchaser assumes all risks of any irregularity of the sale and has no other remedy against the County.  The County is not liable for and will not pay the purchaser any interest, costs, expenses or attorney fees associated with any invalid or voided sale.

 

E. Warranty

1.  By registering to bid, each bidder represents and warrants that they are 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 County or Finance Director.

 

SUMMARY OF IMPORTANT DATES AND INFORMATION

 

   Bidder Accounts  
   Allow foreign bidder registrations       No   
   Single simultaneous bidder rule       No   
 
   Auction Information  
   Direct Bid or Proxy Bidding       Direct Bid Auction   
   Live or Sealed Bid       Open Live Bidding   
   Maximum High Bid       No   
   High-Bid Premium       Yes   
 
   SubAccounts  
   Allow sub-accounts       No   
   Automatic certificate rollup / rollup fee       ---       ---   
 
  Auction Dates and Times  
   Registration begins (site opens)**       04/13/2022 at 9:00 AM ET    
   Registration fees and Budgets begin       04/13/2022 at 9:00 AM ET   
   Bidding begins       05/10/2022 at 12:00 PM ET   
 
   Registration fees end       05/04/2022 at 4:00 PM ET   
   Participation Requirements   

 

  Set a budget  
  Pay the registration fee  
   

   Participation Requirements Due Date       05/04/2022 at 4:00 PM ET   
   Registrations end       05/04/2022 at 4:00 PM ET   
   
   First batch closes        05/11/2022 at 9:00 AM ET   
   Batch closing interval       60 Minutes   
   Last batch closes       05/11/2022 at 12:00 PM ET   
   
   Auxiliary batch opens     05/11/2022 at 12:30 PM ET 
   Auxiliary batch closes    05/11/2022 at 1:30 PM ET 
   
   Payment due date       05/11/2022 at 4:00 PM ET   
 
   Budget, Deposit and Payment Information   
   Deposit or Budget required (% of estimated winnings)       100%   
    
   Registration Fee       $100.00   
   Registration Fee Refundable       No   
   Registration Fee Applied to Winnings       No   
   
   Deposit / Payment types acceptable:   Deposits Payments
      Budget       Yes       ---   
      ACH       Yes       No   
      ACH auto-debit final payment       ---       Yes   
      Wire transfers       No       No   
      Counter payments       No       No   
 
   Redemptions available via ACH?       No   
 
   Public Access  
   Public computers available       No   
 
   ** Subject to change. The site will open when approved by the County.   

 

For an explanation of any of the terms above, please visit the FAQs.

 

 

 

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