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Is the Certificate of Sale a public document?
- Yes. The Certificate of Sale is recorded in the Clark County Recorder's office. The original certificate will be mailed to the purchaser after it is recorded to the mailing address on record.
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Can I transfer my Certificate of Sale?
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- Yes. There are no restrictions on the sale, assignment or transfer of a certificate of sale to another party. The certificate purchaser should provide the original recorded certificate of sale endorsed over to the new certificate purchaser, as well as written confirmation that they are relinquishing their interest in the certificate to the acquiring party. We highly recommend that the acquiring party record the transfer transaction and notify the Treasurer's Office in writing to ensure proper payment of the redemption. No reassignments can occur on the sale date.
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Can I pay delinquent taxes subsequent to the sale?
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- Yes, the purchaser may pay delinquent real property taxes subsequent to the sale and have the amount added to the Certificate of Sale. Per NRS 271.595 1(b) written notice and receipts for delinquent tax payments must be provided immediately to the Treasurer's Office - SID Desk in order for the amount to be added to the certificate of sale and, therefore, eligible for reimbursement and 1% monthly interest.
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Will there be additional costs to the purchaser?
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- The certificate holder may incur costs associated with the notification procedures related to requesting the deed to the property. However, the County cannot determine what, if any, additional costs the purchaser may incur. Reasonable costs associated with giving notice by process server or publication may be added to the certificate prior to the date of redemption, and will earn 1% interest from the date of payment of respective amounts for each month the certificate of sale remains outstanding. It is the certificate holder's responsibility to notify in writing and provide the Treasurer's Office - SID Desk with receipts of the costs as soon as the expense is incurred.
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When will I receive my payment after the redemption has occurred?
- Payments are generally made within 30 - 60 days upon receipt of the redemption amount. Interest stops accruing on the date the redemption payment is received by the Treasurer's Office. Payment will be to the party/parties recorded on the certificate of sale from the buyer registration form. The tax identification number provided on the W-9 form must be for the party/parties on the buyer registration form, and will be used for tax reporting purposes to the IRS.
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How do I obtain the deed to the property once I have purchased a Certificate of Sale?
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- If no redemption is made within the applicable redemption period, the certificate purchaser or his assigns may demand a deed to the property. The burden of proof is on purchaser of the certificate to provide evidence that the redemption period is not 2 years. No deed may be executed by the County Treasurer until the holder of the certificate of sale has completed a diligent search and properly notified the owners of the property and that he holds the certificate and that he will demand a deed therefor. The notice must be given by personal service upon the owner. However, if an owner is not a resident of the State or cannot be found within the State after diligent search, the notice may be given by publication. The notice and return thereof, with the affidavit of the person claiming a deed, showing that service was made, must be filed with the treasurer.
If redemption is not made within 60 days after the date of service, or the date of the first publication of the notice, as the case may be, the holder of the certificate of sale is entitled to a deed. The deed must be executed only for the property described in the certificate, and after payment of all delinquent taxes and special assessments, or installments thereof, whether levied or assessed before or after the issuance of the certificate of sale.
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When can I serve notice to the property owner?
- Notice of the certificate holder's intention to request a deed to the property must be given to the property owner after the end of the redemption period defined in NRS 271.595(1). The property owner then has 60 days from the date of service or the date of first publication of the notice in which to redeem the property.
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How do I serve notice on the property owner?
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- The notice must be given by personal service upon the owner. Personal service means in-hand delivery of the papers to the proper person. Certified mail does not suffice. (Suggestion: Process Server).
If the owner is not a resident of Nevada, or cannot be found within the state after diligent search, the notice may be given by publication. Diligent search requires more than one attempt to locate the property owner. You must document your efforts to locate the property owner. Notice by publication is defined by NRS 271.190 and includes publication at least once a week in a newspaper of general circulation in the County. The publication must be verified by the affidavit of the publisher.
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What constitutes a "diligent" search?
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- All efforts must be documented and submitted as an affidavit. The certificate holder must make more than one attempt to locate the property owner. If they do not reside at the address of record you must try to locate them by other methods. You may search the telephone directory; contact the Secretary of State's office for information on business or corporations, etc.
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What information should the notice contain?
- The notice should clearly state that the purchaser holds the certificate of sale and that he will demand a deed to the property, if redemption is not made within 60 days after the date of service, or the date of the first publication of the notice. You must follow NRS 271.595 and are encouraged to seek your legal counsel to ensure the notification steps are followed accordingly, as the deed is not issued until all of the information you submit is reviewed and approved by the District Attorney's office. The Treasurer's Office will not issue a deed until all information is reviewed by the District Attorney's office.
Minimum information required in the notice
Pursuant to NRS 271.595, as of ___(date)___,___(name of person giving notice (i.e. certificate holder))__, hereby gives notice of intent to exchange Certificate of Sale for Deed to Property regarding the following: Parcel number 000-00-000-000, Clark County Special Improvement District # ____, owned by ___(property owner of record)___, described as: ___(Assessor description)___. A request for Deed to the Property will be made on ___(end of 60 day notice)___.
Documentation to turn into the Treasurer's Office
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- Certificate of Sale (original)
- Notarized Statement (steps taken to notify property owner)
- Copy of Notice to Property Owner Affidavit of Notice (proof of service on property owner)
- Affidavit of Search (if unable to locate, what did you do to locate the property owner)
- Affidavit of Publication (proof of publication)
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What type of deed will I receive?
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- Clark County will issue a deed to the certificate holder upon completion of required notice to owner, submission of proof of notice documentation to Treasurer's Office, and upon payment of any delinquent taxes and special assessments. The County District Attorney's office will review all documentation prior to the issuance of a deed. The Treasurer's Office will prepare and record the deed.
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Are all liens satisfied by the issuance of a deed?
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- No. Some governmental liens and other encumbrances may remain. Additionally, if a property on the sale list involves loans made by a bank which is in under Federal Deposit Insurance Corporation (FDIC) Receivership, the FDIC's position is that its lien will not be extinguished.