Tax Foreclosure Sale Information

How to Participate in the Next Tax Sale

Butler County real estate tax foreclosure sales are held periodically to collect unpaid real estate taxes. This information will help you understand the sale process and assist you in purchasing property at the next tax sale. To be notified of the next Tax Sale by email or text message please use the Notify Me sign up.

Before the Auction

Approximately 30 days before the next tax sale, notice of the sale will be published in the Butler County Times-Gazette three consecutive weeks. You may contact the Butler County Times-Gazette at (316) 321-1120 for subscription information.

It is your responsibility to acquire information about the properties that interest you to determine if they are suitable for your use. You may want to:

View property photos and maps on the Story Map provided by the Butler County GIS Department
Obtain Bidder Information
Check with the city or county Community Development Department for zoning and building limitations
Check with the County Appraiser's Office for assessed value and current tax rates
You may conduct a search for easements and restrictive covenants with the Register of Deeds.

Please note: Only registered bidders will be allowed in the Commission room. Social distancing will be required.

The current owner(s) may redeem the property at any time prior to the sale. A list of properties which have been included in the sale publication but which have been redeemed prior to the sale will be announced as redeemed at the sale. They will not be offered for sale.

The Auction

The properties will be sold by public auction to the highest qualified bidder. Bidders are reminded that the auctioneer's acceptance of the high bid constitutes an enforceable contract. The county has the right to bid on properties up to the amount of taxes and interest owed. Some properties may sell for less than the taxes owed, some may sell for more.

Registration

No bids will be accepted unless the bidder has registered prior to the start of sale. Registration will be held the morning of the sale, beginning at 8:30 am. No person may register as a bidder if that person is the record owner of any real estate located in Butler County, Kansas, upon which there are any delinquent ad valorem property taxes or delinquent special assessments in existence as reflected by the records of the County Treasurer (K.S.A. 79-2812).

State law provides that no tract shall be sold either directly or indirectly to any person having a statutory right to redeem the real estate prior to sale for a bid amount which is less than the judgment lien, interest cost charges and expenses of the proceeding in the sale.

If a tract purchased at the sale is transferred, sold, given or otherwise conveyed to any person who did have a statutory right to redeem such tract prior to such sale, within 10 years from the date of the auction, such person shall be liable for an amount equal to the original judgment lien and interest thereon from the date of the public auction (personal judgment).

Each successful bidder will be required to sign an affidavit which shall be filed with the Clerk of the District Court stating the purchase was not directly or indirectly made for any of the following:

Any person having the statutory right to redeem such real estate prior to the sale, pursuant to the provisions of K.S.A. 79-2803, as amended
Any person who held an interest in such real estate as owner or holder of the record title, or any mortgagee or assignee that held an interest in such real estate, at any time when any tax constituting part of the County's judgment became due
Any parent, grandparent, child, grandchild, spouse, sibling, and trustee or trust beneficiary of any person enumerated in paragraph two
Any current or former stockholder, current officer or director of a corporation holding title to such real estate, or any person having a relationship enumerated in paragraph three to such stockholder, officer, or director

Properties will be sold by item number, legal description and by county tax identification number. If the property is subject to a federal tax lien or federal judgment lien such lien will be so designated when it is sold.

Properties are sold as is. There are no warranties.

Payment & Fees

Payment will be on the date of sale, only by CASH or CERTIFIED CHECK payable to the Butler County Clerk of the District Court. All purchases must be settled within one (1) hour of the close of the sale. Your bid is a contract to purchase

State law requires that a $21 (for the 1st page) recording fee and an additional charge of $17 per page after the first page be collected at the time payment is made. The clerk will estimate these charges. Overcharges will be returned to the buyer. Undercharges must be paid prior to recording.

After the Auction

After the Court confirms the sale, a sheriff's deed will be filed with the Register of Deeds. The Register of Deeds will mail the deed to the Buyer. Please allow thirty to forty five days to receive your deed.

There is no redemption period after the sale except for properties subject to a federal lien. Deeds for properties without a federal tax lien will be issued and recorded by the Butler County Sheriff, as required by statute, after checks clear and after confirmation by the court. Deeds for properties subject to a federal lien will not be issued until the expiration of the federal redemption period, and then only if there has been no redemption. The redemption period for a federal tax lien is 120 days from the date of the sale.

All other liens 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 County makes no assurances that you can obtain title insurance guaranteeing the marketability of the property purchased at the tax sale, nor title insurance for a bank to which you may grant a mortgage, nor title insurance to a subsequent buyer from you. You should contact a local title company for information concerning the availability of title insurance.

The buyer is responsible for taking any necessary legal action to obtain possession of the property, such as filing an eviction proceeding.

The original owner will have 12 months from the time the deed is recorded to legally challenge the sale procedures followed by the County. If such a challenge is successful, the property could revert to the original owner, in which case the court would order your purchase price refunded to you. The twelve month limitation does not apply to efforts based upon inadequate service of process.

This material is provided by the Butler County Treasurer's office for general information purposes. It is not intended as legal advice nor as a complete statement of the law regarding tax foreclosures. The procedures described above are subject to change at any time, dependent upon changes in state law and County policies.