77-1807. Real property taxes; delinquent tax sale; how conducted; sale of part; bid by land bank; effect.

(1)(a) This subsection applies until January 1, 2015.

(b) Except as otherwise provided in subdivision (c) of this subsection, the person who offers to pay the amount of taxes due on any real property for the smallest portion of the same shall be the purchaser, and when such person designates the smallest portion of the real property for which he or she will pay the amount of taxes assessed against any such property, the portion thus designated shall be considered an undivided portion.

(c) If a land bank gives an automatically accepted bid for the real property pursuant to section 19-5217, the land bank shall be the purchaser, regardless of the bid of any other person.

(d) If no person bids for a less quantity than the whole and no land bank has given an automatically accepted bid pursuant to section 19-5217, the treasurer may sell any real property to any one who will take the whole and pay the taxes and charges thereon.

(e) If the homestead is listed separately as a homestead, it shall be sold only for the taxes delinquent thereon.

(2)(a) This subsection applies beginning January 1, 2015.

(b) If a land bank gives an automatically accepted bid for real property pursuant to section 19-5217, the land bank shall be the purchaser and no public or private auction shall be held under sections 77-1801 to 77-1863.

(c) If no land bank has given an automatically accepted bid pursuant to section 19-5217, the person who offers to pay the amount of taxes, delinquent interest, and costs due on any real property shall be the purchaser.

(d) The county treasurer shall announce bidding rules at the beginning of the public auction, and such rules shall apply to all bidders throughout the public auction.

(e) The sale, if conducted in a round-robin format, shall be conducted in the following manner:

(i) At the commencement of the sale, a count shall be taken of the number of registered bidders present who want to be eligible to purchase property. Each registered bidder shall only be counted once. If additional registered bidders appear at the sale after the commencement of a round, such registered bidders shall have the opportunity to participate at the end of the next following round, if any, as provided in subdivision (v) of this subdivision;

(ii) Sequentially enumerated tickets shall be placed in a receptacle. The number of tickets in the receptacle for the first round shall equal the count taken in subdivision (i) of this subdivision, and the number of tickets in the receptacle for each subsequent round shall equal the number of the count taken in subdivision (i) of this subdivision plus additional registered bidders as provided in subdivision (v) of this subdivision;

(iii) In a manner determined by the county treasurer, tickets shall be selected from the receptacle by hand for each registered bidder whereby each ticket has an equal chance of being selected. Tickets shall be selected until there are no tickets remaining in the receptacle;

(iv) The number on the ticket selected for a registered bidder shall represent the order in which a registered bidder may purchase property consisting of one parcel subject to sale from the list per round; and

(v) If property listed remains unsold at the end of a round, a new round shall commence until all property listed is either sold or, if any property listed remains unsold, each registered bidder has consecutively passed on the opportunity to make a purchase. Registered bidders who are not present when it is their turn to purchase property shall be considered to have passed on the opportunity to make a purchase. At the beginning of the second and any subsequent rounds, the county treasurer shall inquire whether there are additional registered bidders. If additional registered bidders are present, tickets for each such bidder shall be placed in a receptacle and selected as provided in subdivisions (ii) through (iv) of this subdivision. The second and any subsequent rounds shall proceed in the same manner and purchase order as the last preceding round, except that any additional registered bidders shall be given the opportunity to purchase at the end of the round in the order designated on their ticket.

(f) Any property remaining unsold upon completion of the public auction shall be sold at a private sale pursuant to section 77-1814.

(g) A bidder shall (i) register with the county treasurer prior to participating in the sale, (ii) provide proof that it maintains a registered agent for service of process with the Secretary of State if the bidder is a foreign corporation, and (iii) pay a twenty-five-dollar registration fee. The fee is not refundable upon redemption.

Source

Annotations

1. Effect of sale

2. Payment of purchase money

3. Payment of subsequent taxes

4. Subrogation

5. Miscellaneous

1. Effect of sale

The successful bidder under the bid-down procedure acquires only an interest in the undivided percentage of the real estate. Adair Asset Mgmt. v. Terry's Legacy, 293 Neb. 32, 875 N.W.2d 421 (2016).

Sale for less than amount of taxes due is not sale of the land, but it only transfers lien to purchaser. Barker v. Hume, 84 Neb. 235, 120 N.W. 1131 (1909).

Sale operates to transfer the lien to the purchaser. City Safe Dep. & Agency Co. v. City of Omaha, 79 Neb. 446, 112 N.W. 598 (1907).

Rule of caveat emptor applies to purchasers of real estate at tax sale. McCague v. City of Omaha, 58 Neb. 37, 78 N.W. 463 (1899); Norris v. Burt County, 56 Neb. 295, 76 N.W. 551 (1898).

2. Payment of purchase money

Tax lien is ordinarily extinguished by payment, except where land is sold for taxes, and subsequent delinquent taxes are paid by holder of certificate. Toy v. McHugh, 62 Neb. 820, 87 N.W. 1059 (1901).

Statute is notice to purchaser that purchase money must be paid. Richardson County v. Miles, 7 Neb. 118 (1878).

3. Payment of subsequent taxes

Payment of subsequent valid taxes by owner of invalid certificate gives him lien for such valid taxes. John v. Connell, 61 Neb. 267, 85 N.W. 82 (1901).

4. Subrogation

On sale of one tract for taxes levied upon another, purchaser is subrogated to lien of public. Wyman v. Searle, 88 Neb. 26, 128 N.W. 801 (1910).

Holder of certificate is subrogated to rights of public in any taxes paid to protect his lien. Adams v. Osgood, 60 Neb. 779, 84 N.W. 257 (1900).

Purchaser is entitled to reimbursement, or subrogation to rights of public. Grant v. Bartholomew, 57 Neb. 673, 78 N.W. 314 (1899); Leavitt v. Bartholomew, 1 Neb. Unof. 756, 93 N.W. 856 (1901).

5. Miscellaneous

In a suit to foreclose, a deficiency judgment is void. Kelley v. Wehn, 63 Neb. 410, 88 N.W. 682 (1902).

Tax levied on real estate is not a debt against owner, but a charge against the land. Philadelphia M. & T. Co. v. City of Omaha, 63 Neb. 280, 88 N.W. 523 (1901).

Policy of the law is to encourage competition at the sale. State ex rel. Snow v. Farney, 36 Neb. 537, 54 N.W. 862 (1893).

Force of tax deed and validity of sale are tested by law in force when sale was made. McCann v. Merriam, 11 Neb. 241, 9 N.W. 96 (1881).