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Oakland County Treasurer Land Sale Auction Rules and Regulations

The Oakland County Land Sale is held in accordance with the General Property Tax Act, MCL 211.78m and related law, which makes the county treasurer the foreclosing governmental unit responsible for collection of delinquent property taxes and property tax foreclosure when property is abandoned or a monthly payment plan is refused or broken.  At no less than two (2) annual land sales, property is auctioned and awarded to the highest bidder.  Under state law, the starting bid for the August “minimum bid” auction is the amount of delinquent taxes, interest, fees, and other assessments owed on the property.  The discounted starting bid in the second auction is determined through a number of factors.
 
Property is sold "as is" and “where is” with no warranties, either expressed or implied. Prior to the sale, purchasers must perform careful due diligence to understand any potential issues with the property, including but not limited to, special assessments, environmental issues or demolition status.
 
Taxpayers with delinquencies on any Oakland County property at the time of registration for the sale, or taxpayers who have lost property to tax foreclosure during the past three years, are not eligible to participate in the Oakland County Land Sale.  No same day registration will be allowed.
 
The Oakland County Treasurer has not made a visual inspection of the interior of any property, and makes no warranties as to the physical condition of the premises. 
 
This sale is open to the public
 
When available, information regarding properties listed for auction will appear on the Oakland County Treasurer’s website listed above.  Prior to the sale, an updated list of properties will be available from the Oakland County Treasurer's Office over the counter for $5.00 or through the mail for $8.00, as circumstances may require removal of any listed property from the sale at any time.
 
2014 Oakland County Land Sale
Ultimate Soccer Arenas
867 South Boulevard, Pontiac, Michigan

August 18 – Townships and Villages
August 19 – Cities
August 20 – Discover Pontiac!
 
 
Live auction begins at 10 a.m. sharp.
 
No same day registration.
 

1.    Registration – no same day registration

Registration is available through Friday August 15, 2014 at the Oakland County Treasurer’s Office and online at www.oakgov.com/treasurer, beginning Monday, July 7 through Friday, August 15. Registration will start at 8:30 a.m. on each day.  In order to participate, a bidder must be registered and have received a pre-numbered bid card.  For an individual, a current, valid driver’s license or other government issued identification is required to register. For an LLC, corporation, enterprise or business, Department of Licensing and Regulatory Affairs documentation showing that the company is in good standing, and personal identification are required. For a Trust, proof of Executorship, and personal identification are required.  A person unable to attend may be represented by an agent or other representative.  The agent or representative at the time of registration must present a court-appointed authority and/or notarized Power of Attorney specific to real estate transactions permitting the registrant to act as the agent or representative.  The registered bidder is legally and financially responsible for all parcels bid upon, whether representing themselves or acting as an agent or representative.
                   

2.    Properties Offered

Properties offered are property tax foreclosed for non-payment of delinquent real property taxes, or special assessments.  According to state law, all prior liens are cancelled by the property tax foreclosure process and Circuit Court Order, with limited exceptions, including but not limited to, Internal Revenue Service and environmental liens.  Properties are subject to any state, county, local zoning, or building ordinances.  It is the responsibility of prospective purchasers to perform due diligence on any property before purchasing.  Further, the Oakland County Treasurer, the department, its officers, employees, and agents, make neither representation nor claim as to fitness for purpose, usability, ingress/egress, conditions, covenants, or restrictions.       

3.   Minimum Bid Price         

At the August Land Sale, no sales will be made for less than the minimum bid price indicated. The minimum bid prices will be shown on the list handed out at the door, and reflects the amount of delinquent taxes, interest, fees and other assessment owing on the property, plus administrative expense.
 
"Minimum Bid" is defined in MCL 211.78m (11).  "As used in this section, 'minimum bid' is the minimum amount established by the foreclosing governmental unit for which property may be sold under this section.  The minimum bid shall include all of the following: (a) All delinquent taxes, interest, penalties, and fees due on the property… (b) The expenses of administering the sale, including all preparations for the sale."
 

4.   Bidding 

Any registered person, corporation, or association authorized to purchase property may bid on the properties offered. A bidder must prominently display a bidder card to bid. Any bid attempt that does not prominently display the bidder number may not be recognized. Each sale unit will be offered in the order appearing on the list, and will be awarded to the individual bidding the highest price as determined by the auctioneer.  The auctioneer will read the sale unit number.  The auctioneer will then accept bids in increments he/she sets.
 
An oral bid accepted at public auction is a legal and binding contract to purchase.  No sealed bids will be accepted, and the Oakland County Treasurer reserves the right to reject any or all bids. 
 

5.   TERMS OF SALE – THE FULL PURCHASE PRICE MUST BE PAID THE DAY OF THE SALE by 4:30 p.m.

 
Successful bidders will sign an Offer to Purchase.  Full payment for ALL parcels is required by 4:30 p.m. on the day of the auction.  Bidders who fail to consummate any purchase will forfeit all monies paid and all properties successfully bid upon.  Bidders will also be banned from bidding at all future Oakland County Treasurer's Land Sale Auctions, and will be subject to court action.  Cash, money orders or cashier’s checks be made payable to the Oakland County Treasurer are accepted.  Credit cards and debit cards will not be accepted. No purchases will be made on a payment plan basis.  The County Treasurer reserves the right to cancel or suspend any sale at any time.  There are no refunds or returns under any circumstance.

 6.    Purchase Receipts

 Upon signing the Offer to Purchase for the parcel and submission of the full payment, bidders will be issued a receipt for their purchase.  Purchaser(s) will be entitled to a fee simple title for the property subject to items #5 and #7. 

7.    Title Conveyance

A deed pursuant to Public Act 123 of 1999 conveying fee simple title and drafted with the name(s) as entered on the registration will be recorded by the Oakland County Treasurer's Office with the Oakland County Register of Deed’s Office within 30 days.  The Oakland County Treasurer will request the Register of Deed’s to send the deed to purchaser upon completion.  It is purchaser's responsibility to contact the assessor and treasurer in the city, township, or village in which the property is located and file a "Property Transfer Affidavit."  The Oakland County Treasurer makes no representation as to the availability of title insurance.   The unavailability of title insurance is not a ground for re-conveyance to the Oakland County Treasurer.  There are no refunds or returns under any circumstance. Purchaser may incur legal costs for a quiet title to satisfy the requirements of title insurance companies in order to obtain title insurance.
 

8.   Possession of Property 

Physical possession should come after the deed has been executed and delivered to the purchaser, as treasurer makes no representations or warranties as to the vacant or occupied status of any property in the auction.  No activities should be conducted on the site other than a baseline environmental assessment for contaminated properties.  However, steps should be taken to protect your equity in this property by securing vacant structures against entry, and obtaining insurance for the property.
 
If property is occupied, any formal eviction process must be at purchaser’s expense and initiative.
 

9.   Property Taxes

The new owner will be responsible for the current year summer and winter taxes, including any penalties, interest, and fees that become due and payable from the time the final foreclosure hearing is conducted in the Oakland County Circuit Court.

10.    Special Assessments

 
All bidders should contact the city, county, township, or village office to determine if there are any special assessments for future tax years on the properties offered.  Bidders should also check for other assessments, which may include, but are not limited to, county drain, road commission, and other local government assessments, such as weed cutting, debris removal, demolition, water bills, etc.  These items may be attached to the current tax bill (see item #11). 
 

11.   Conditions 

The purchaser accepts the premises in its present “as is” and “where is” condition, and releases Oakland County, the county treasurer, the department, its officers, employees, and agents, from all liability whatsoever arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to, all claims based on environmental contamination of the premises. 
 
A person who acquires property that is contaminated (a “facility” pursuant to Section 20101(1)(o) of the Natural Resources and Environmental Protection Act (NREPA), 1994, P.A. 451, as amended) as a result of release(s) of a hazardous substance(s) may become liable for all costs of cleaning up the property and any other properties impacted by the release(s).  Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release.  Protection from such liability may be obtained by conducting a Baseline Environmental Assessment (BEA) as provided for under Section 20126(1)(c) of NREPA.  However, the BEA must by conducted prior to or within 45 days of the earliest date of purchase or occupancy of the property.  Persons who acquire contaminated property may have “due care” obligations under Section 20107a of NREPA even if they conduct a BEA and are not liable for the contamination.
 
Pursuant to Part 201 of the NREPA, the person(s) responsible for an activity causing a release at the property is obligated to pursue response activities at the property.  Consequently, the non-liable purchaser may be required to provide access to a liable party to conduct response activities at the property in the future.
 
Section 20116 of the NREPA requires that a person who has knowledge that their property is contaminated provide a written notice to the purchaser or other person to whom the property is transferred who discloses the general nature and extent of the release.  Additional disclosure obligations may also apply at the time the property, or an interest in the property, is transferred.  Accordingly, it is recommended that a person who is interested in acquiring property through this sale contact an attorney or an environmental consultant for advice prior to the acquisition of any property that may be contaminated.
 
You may contact the environmental assistance center at 1-800-662-9278 for possible information regarding questions to environmental concerns on any of these properties.
 
All offered properties may be subject to flooding.  New construction or reconstruction should be elevated above the 100-year flood plain.  In addition, any filling, dredging, or other permanent construction, below the ordinary high-water mark of the water body involved may be subject to the provisions of 1972 Public Act 347.  These properties may also be subject to the Goemaere-Anderson Wetland Protection Act, 1979, Public Act 203.
 

12.  Food or Beverages 

Food and beverage available for purchase at the Ultimate Soccer Arena may be consumed on site.  Smoking is not permitted.