About 20 states and the District of Columbia sell tax lien certificates to private investors. When a property owner falls behind on taxes, the local government places a lien on the property and auctions a certificate representing that debt. You pay the delinquent taxes, earn interest while the owner repays, and hold a legal claim against the property until the debt is settled.
The States That Sell Tax Lien Certificates
Each state operates under its own statutory framework. Some run pure tax lien systems; others use a hybrid approach that also includes tax deed sales for certain properties or stages of delinquency.
- Alabama — authorizes tax lien sales as an alternative remedy for collecting delinquent property taxes.1Alabama Legislature. Alabama Code 40-10-180 – Purpose; Choice of Remedy by Tax Collecting Official
- Arizona — governs the sale and foreclosure of tax liens on delinquent properties.2Arizona Legislature. Arizona Revised Statutes Title 42 – Taxation
- Colorado — the county treasurer must advertise and sell tax liens at public auction.3Justia. Colorado Code 39-11-101 – Notice to Delinquent Owner
- District of Columbia — participates in tax lien certificate sales under its own tax code.4D.C. Law Library. District of Columbia Code 47-1330 – Definitions
- Florida — sells tax certificates and also conducts tax deed sales (hybrid).5Florida Senate. Florida Statutes 197.432 – Sale of Tax Certificates for Unpaid Taxes
- Illinois — authorizes judgment for sale of property with delinquent taxes and conducts both lien and deed sales.6Illinois General Assembly. 35 ILCS 200/21-190 – Entry of Judgment for Sale
- Indiana — regulates the sale of real property with delinquent taxes or special assessments, using both certificate and deed sales.7Justia. Indiana Code Title 6, Article 1.1, Chapter 24 – Sale of Real Property When Taxes or Special Assessments Become Delinquent
- Iowa — the county treasurer offers all delinquent parcels at public sale annually.8Iowa Legislature. Iowa Code Chapter 446 – Tax Sales
- Kentucky — establishes an 11-year tax lien on delinquent property and uses certificates of delinquency to enforce collection.9Kentucky Legislative Research Commission. Kentucky Revised Statutes 134.420 – Lien for Taxes
- Maryland — conducts tax sales of liens under its Tax-Property title.10Maryland General Assembly. Maryland Code Tax – Property 14-808
- Mississippi — sells land at tax sales and issues tax lien certificates to purchasers.11Justia. Mississippi Code 27-41-55 – Sales of Land for Taxes; Advertisement
- Missouri — conducts tax lien sales on properties with delinquent taxes.
- Montana — issues tax lien sale certificates representing a lien that may lead to the issuance of a tax deed.12Montana State Legislature. Montana Code 15-17-212 – Tax Lien Sale Certificate
- Nebraska — collects delinquent real property taxes through the sale of tax liens.
- New Jersey — municipalities enforce delinquent tax and municipal liens through standard or accelerated tax sales.13Justia. New Jersey Revised Statutes 54:5-19 – Power of Sale
- South Carolina — enforces collection of delinquent property taxes through levy and sale.14South Carolina Legislature. South Carolina Code 12-51-40 – Default on Payment of Taxes
- South Dakota — collects delinquent taxes through the sale of real property at scheduled tax sales.
- Vermont — tax collectors may levy on delinquent land and sell tax liens at public auction.15Vermont General Assembly. Vermont Statutes Title 32 Section 5252
- West Virginia — uses a tax lien sale framework designed for speedy enforcement, with both lien and deed sales.16West Virginia Legislature. West Virginia Code 11A-3-1 – Declaration of Legislative Purpose and Policy
- Wyoming — enforces delinquent property taxes through its taxation enforcement statutes.17Justia. Wyoming Statutes 39-13-108 – Enforcement
Nevada and New York also run hybrid systems in which both tax lien certificates and tax deeds are available. State laws change periodically, so confirm the current rules with the county treasurer or tax collector in any jurisdiction where you plan to invest.
Tax Lien States vs. Tax Deed States
Not every state with delinquent-tax auctions sells certificates. In a tax lien state, the government sells the right to collect the unpaid debt, not the property itself. You pay the back taxes, receive a certificate, and earn interest while the owner has time to repay. If the owner never pays, you can eventually foreclose, but ownership is not the starting point.
In a tax deed state, the government holds the lien until a deadline passes, then takes ownership of the property and sells it directly at auction. The winning bidder receives a deed and becomes the new owner. Several states use a hybrid approach, running both types of sales depending on the property or stage of delinquency. The distinction matters because tax lien investing is primarily a debt instrument. Your return comes from interest, not from acquiring real estate.
How the Auctions Work
Tax lien auctions are held either in person at a government building or through an online bidding platform. In a physical setting, an auctioneer reads property descriptions and the total tax debt on each parcel. Online auctions accept electronic bids during a set window. The format varies by jurisdiction, but two bidding methods dominate.
Bid-Down Interest Auctions
In a bid-down auction, the government sets a maximum interest rate, often 18%, and bidders compete by offering to accept a lower rate. The investor willing to accept the lowest rate wins the certificate. If the rate reaches zero and multiple bidders tie, many jurisdictions break the tie randomly or rotate the award. This format benefits property owners because it reduces the interest they owe when redeeming the lien.
Premium Bidding Auctions
In a premium auction, the interest rate stays fixed and bidders compete by offering a price above the face value of the tax debt. The person who pays the highest premium wins. The premium amount typically earns no interest; only the original tax debt portion accrues returns. Overpaying at auction can significantly reduce your effective yield. Bids in either format are binding, and failing to honor a winning bid can result in forfeiture of your deposit or a ban from future auctions.
Redemption Periods and Interest Rates
After you buy a certificate, the property owner has a set period, called the redemption period, to pay off the delinquent taxes plus interest and any penalties. During this window, you cannot foreclose. If the owner pays, you get your investment back with interest. If not, you gain the right to begin foreclosure proceedings.
Redemption periods vary widely. At the short end, some jurisdictions give owners as little as six months. At the long end, windows stretch to four years. Most states fall in the one-to-three-year range. Indiana and Kentucky each provide roughly one year. Florida and Iowa allow two years. Alabama, Arizona, and Colorado each set three-year windows. Wyoming has one of the longest periods at four years.
Maximum interest rates also vary sharply by jurisdiction. Some states cap annual rates at 8%; others allow rates reaching an effective 36% when compounded. What you actually earn depends on the auction format. In a bid-down auction, competition among investors often pushes the rate well below the statutory maximum. A certificate you win at 5% in a competitive Florida auction earns far less than the state’s 18% cap suggests.
What to Check Before You Bid
Tax lien certificates are sometimes marketed as low-risk, high-return investments, but several risks can erode your returns or wipe them out. Research each property carefully before bidding.
Property Condition and Value
If you eventually foreclose, you inherit whatever is on the property, including environmental contamination, structural damage, code violations, and demolition orders. A certificate attached to a vacant lot with underground storage tanks could leave you liable for cleanup costs that exceed the property’s value. Check condition, zoning, and any outstanding code enforcement actions before bidding.
Bankruptcy by the Property Owner
If the property owner files for bankruptcy, an automatic stay freezes most collection actions against the debtor, including foreclosure on a tax lien.18Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay You cannot proceed until the bankruptcy court lifts the stay or the case is resolved, which can delay your return for months or years. You can petition the court for relief from the stay, particularly if the debtor has no equity in the property and it is not needed for a reorganization plan, but this adds legal costs and uncertainty.
Priority of Your Lien
A local property tax lien generally holds a superior position to most other claims, including mortgages. Federal law even grants local property tax liens superpriority over federal tax liens filed by the IRS, meaning your certificate takes precedence over a federal claim in most situations.19Office of the Law Revision Counsel. 26 U.S. Code 6323 – Validity and Priority Against Certain Persons Not every position is guaranteed, however. Other local government assessments, utility charges, or previously recorded liens can compete with your claim. Review the title history of any property before you bid.
Certificate Expiration
Tax lien certificates do not last forever. Each state sets a window during which you must act to either collect or begin foreclosure. Miss the deadline to file the necessary paperwork, such as the notice of redemption expiration or application for a tax deed, and the certificate can become void. You lose your investment entirely. Track every deadline and calendar them well in advance.
After You Win: Payment and Documentation
Once you win a bid, you typically must pay the full balance within a tight window, often 24 to 48 hours depending on the jurisdiction. Accepted payment methods are usually limited to wire transfers, cashier’s checks, or certified funds. Personal checks and cash are rarely accepted.
After payment clears, the local government issues the certificate as either a physical document or a digital record. In some jurisdictions, it is formally recorded with the county recorder’s office to establish your legal priority over other creditors. You should receive a confirmation receipt or copy of the recorded lien as proof of your investment. Final documentation can take a few days to several weeks.
Interest earned on tax lien certificates is taxable as ordinary income. When a property owner redeems and pays you back with interest, the entity that processes the payment, typically the county, is required to issue you a Form 1099-INT if the interest totals $10 or more during the tax year.20Internal Revenue Service. About Form 1099-INT, Interest Income You report this interest on your federal return like interest from a bank account or bond. Even if the interest falls below the reporting threshold and no 1099-INT is issued, you must still report the income. If you foreclose instead of receiving redemption, the tax treatment shifts to capital gains rules when you eventually sell the property.