Glossary of Property Tax Terminology


Abstract of Judgment

A summary of the essential provisions of a court judgment which, when recorded in the County Recorder’s Office, creates a lien upon the defendant’s property in that county, both presently owned or afterward acquired.

Ad Valorem

A Latin phrase meaning “according to value”, usually used in connection with real property taxation.

Ad Valorem   

 A tax based on the value of real estate or personal property. Ad valorem taxes can be property taxes or even duty on imported items. Property ad valorem taxes are a major source of revenues for state and municipal governments.

Ad Valorem:

A Latin term meaning “according to worth,” referring to taxes levied on the basis of value. Taxes on real estate and tangible personal property are ad valorem.

APN (Assessors Parcel Number)

A number which is assigned by the County Assessors Office to identify specific parcels of land under its jurisdiction.

Appraisal:

The dollar value assigned to a person’s property by the Property Appraiser. This amount, less any exemptions, is the basis of the ad valorem portion of the tax.

"As Is"

When a property is sold "As Is", a seller is claiming no guarantee, expressed or implied, relative to the title, location or condition of the property for sale.

Bid Deposit

An upfront refundable deposit, placed before the beginning of a given auction that helps the County ensure that only qualified and authorized bidders are participating in its auction. Most counties require bidders to place a deposit prior to placing their first bid.

Bid Down Interest Auction

Under this method, the stated rate of return offered by the government is the maximum rate of return allowed. However, investors can accept lower rates of return, including zero percent in some cases. The investor accepting the lowest rate of return is the winner. In the event that more than one investor will accept the same lower rate, the tie may be broken by 1) first bid received, 2) random selection, or 3) rotational method (see below for further discussion of the latter two methods). (States that use this method include Arizona and Florida 


Random Selection.

Under this method, a bidder will be randomly selected from those offering a bid. Usually, a computer is used to make the selection, but in smaller jurisdictions more rudimentary methods may be used. (States that use this method include Nevada[7])


Rotational Selection.

Under this method, the first lien offered for sale will be offered to the investor holding bidder number one, who has the right of first refusal. If bidder number one refuses the lien, bidder number two may then bid. However, bidder number one will not be offered another lien until his number comes up again in the rotation. The next lien will go to the next number in line. Under this method, the investor has virtually no control over which liens s/he will obtain in the bidding, except to take or refuse what is offered.

Bid Down the Interest.

Under this method, the stated rate of return offered by the government is the maximum rate of return allowed. However, investors can accept lower rates of return, including zero percent in some cases. The investor accepting the lowest rate of return is the winner. In the event that more than one investor will accept the same lower rate, the tie may be broken by 1) first bid received, 2) random selection, or 3) rotational method (see below for further discussion of the latter two methods). (States that use this method include Arizona and Florida[6])


Bid Up Auction:

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Deed

A written document used to convey title to real property after property is sold at public auction by a local governmental authority for nonpayment of taxes.

Deed Sale

 A public auction, mandated by state statute, of tax-defaulted real property. Tax deeds are sold to the highest bidder. Typically, bidding begins at the amount of delinquent taxes, interest charges and related fees due to a County. View list of states that conduct tax deed sales.

Easement

An easement is the right to do something or the right to prevent something over the real property of another. The right is often described as the right to use the land of another for a special purpose. Unlike a lease, an easement does not give the holder a right of "possession" of the property, only a right of use. It is distinguished from a license that only gives one a personal privilege to do something on the land of another. An example of a license is the right to park a car in a parking lot with the consent of the parking lot owner. Licenses in general can be terminated by the property owner much more easily than easements. Easement concepts differ substantially in the U.S. from state to state.

Encumbrances

 A legal term (sometimes referred to as an incumbrance) for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are also encumbrances.

Fixtures

Personal property that becomes real property when attached in a permanent manner to real estate. Legal considerations when defining fixtures include: Actual annexation, according to the nature and use of the article Its adaptation to the use for which it was annexed The intention that it should be a permanent accession to the realty Some examples include ceiling lights, awnings, window shades and doorknobs. Fixtures are automatically included in a sale, unless specifically mentioned in the contract as going to the seller.

Foreclosure

The legal process by which a borrower in default under a mortgage is deprived of his or her interest in the mortgaged property. This usually involves a forced sale of the property at public auction with the proceeds of the sale being applied to the mortgage debt.

Homestead Exemption:

If you own property which you use as your permanent residence, you may file for homestead exemption through your County's Property Appraiser’s office. Qualifying for and receiving this exemption could reduce the taxable value of your property.

Legal Description

 Consists of the written words used to delineate a specific piece of real property. Legal descriptions in the U.S. are generally categorized as one of the following types:
-Metes and Bounds
-“Bounded By” Description
-An aliquot part of the US Public Land and Survey System
-Lot and Block Survey System or lot shown on a subdivision map
-Strip Description

It is important to note that in the written transfer of real property, it is a universal requirement that the instrument of conveyance, commonly a deed, include a written description of the property.

Lien Certificate Sale

A public auction, mandated by state statute, of tax liens. Tax liens are sold for the amount of delinquent taxes, interest charges and related fees due to a County. A tax lien does not convey ownership to a property. Rather, it entitles a purchaser to full payment by a delinquent taxpayer of the full lien amount paid at the time of auction plus interest. The percentage interest varies from state to state. If taxes remain delinquent (period of time varies by state), a purchaser has a right to foreclose on their lien with the hopes of attaining ownership of a property.

NOTE: Unlike a traditional auction, lien certificates are awarded to the lowest bidder, not the highest. This is necessary in a lien certificate sale because the winning bidder is bidding on the minimum amount of interest collect on the balance of the lien, not the value of the property attached.

Millage Rate

The rate of taxes levied based on a mill (1/10 of one cent), or one dollar per one thousand dollars of taxable value. A 30-mill tax rate levied against a taxable value of $100,000 would generate a $3,000 tax liability.

Millage rate

A millage rate is the rate at which property taxes are levied on property. Property taxes are computed by multiplying the taxable value of the property by the number of mills levied, where a mill is 1/1000 of a dollar.

Non-Ad Valorem Assessment

Non-Ad Valorem Assessment Levies for special benefits to a property that must be apportioned fairly and not based on the value of the property.

Parcel 

A geographically described tract of land for which a deed exists.

Property Control Number

 A 22-digit number identifying real property; a parcel number.

Quick Claim Deed

A deed that transfers without warranty whatever interest or title a grantor may have at the time the conveyance is made.

Real Property

 Land, buildings and improvements.

Redeemable Deed:

A deed that allows the delinquent property owner the right of redemption during a specified time period after the sale, rather than before the sale, as is standard with a Tax Deed Sale.

Reserve

The reserve is the minimum amount, regardless of the starting bid, that the seller is willing to accept for an asset. The reserve amount acts as a hidden bidder for the seller to ensure that the asset does not sell below their designated amount. In a reserve price auction, the seller has set a minimum price to protect his or her financial interests. Held in confidence, it is the price at which the seller is obligated to sell. Although the reserve amount is not disclosed, bidders are notified (“reserve not met” changes to “reserve met” on the auction listing) once the reserve price has been met. The current status of the reserve is always stated on the auction page three lines below the high or final bid amount.

Tangible Personal Property

Business equipment used in the operation of a business. Inventory, household goods, licensed motor vehicles, boats, airplanes, and computer software are excluded.

Tax Certificate

A first-lien instrument offered for sale by the Tax Collector through competitive bid to pay delinquent taxes. A tax certificate expires seven (7) years from the date issued. 

Tax Deeds:

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Tax Deed Application

A legal document filed with the Tax Collector by the holder of a tax certificate to demand payment. The tax deed may be applied for two (2) years from April 1 of the year of issuance. If the taxes are not paid by the date set for the tax deed sale, the property is sold by the Clerk of Courts’ Office to the highest bidder.

Tax Deed Sales

Tax deed sale In a tax deed sale, the title to each property is sold. At the sale, the minimum bid is generally the amount of back taxes owed plus interest, as well as costs associated with selling the property. Often the purchaser making the highest bid for the property takes title. However, the purchaser must follow each county's rules, which vary widely, and usually have a very short period (generally 48–72 hours, or much less) to pay the entire amount owed, or else the sale is invalidated and usually the auction deposit is lost.

Title Insurance

Insurance that protects the lender (lender's policy) or the buyer (owner's policy) against loss arising from disputes over ownership of a property.

Tax Lien

 A lien for property taxes effective January 1 of the tax year. Each state and counties have their own periods.

Tax Lien Sales

In a tax lien sale, instead of selling the actual property, the governmental entity sells a lien on the property. The lien is generally for the amount of delinquent taxes, accrued interest, and costs associated with the sale.

Taxable Property

Real property and tangible personal property.

Tax Sale

A public auction of tax deeds and/or tax liens used to collect delinquent real property taxes.

Title

A legal document evidencing a person's right to or ownership of a property.

Title Search

A check of the title records to ensure that the seller is the legal owner of the property and that there are no liens or other outstanding claims.

Ad Valorem

A Latin phrase meaning “according to value”, usually used in connection with real property taxation.

Apportionment

Apportionment Distribution of ad valorem taxes to the taxing agencies by the County Controller.

Appraisal

An estimate of the value of property resulting from an analysis of facts about the property. An opinion of value.

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Assessment

The valuation of property for the purpose of levying a tax; or the amount of the tax levied.

Assessee

Person To Whom The Property Is Assessed.

Assessed Value of Structure

 The assessed value of the building portion of a property.

Assessed Value of Land

 The assessed value of the land portion of a property.

Assessed Valuation

 A valuation placed upon property by a public authority as a basis for levying taxes on the property.

Appeal

(1) Assessment Appeal – Appeal made by taxpayer for reduction of assessed value. Application is filed with the Clerk of the Board. (2) Penalty Appeal – Appeal made by taxpayer when s/he feels they have been penalized either in error or because of extenuating circumstances. A process is then followed for review of such cases by the Tax Collector.

Assessment Number

A unique number assigned by the County Assessor identifying a property.

Bill Number

A unique number identifying a single tax bill.

Delinquent List

 A list annually published on or before September 8, of all real property declared to be in default by the Tax Collector in the second year of default, except those properties which have been redeemed or cancelled subsequent to the declaration of default. Also referred to as the Published Delinquent List.

Delinquent Tax Amount

The total amount of past due taxes on a property.

Eminent Domain

 A right to acquire private property for public use by condemnation and the payment of just compensation. This right may be vested in the state or any of its political subdivisions, or in private persons or corporations authorized to exercise functions of public necessity.

E-Check

An electronic check that can be used to pay property taxes. An e-check is issued by entering accounting information from your check into a secured web page.

Demand

Request from Title/Escrow company for pay-off information on any outstanding Tax Collector liens.

Equalization

To make equal, uniform. To constitute or induce equality; in property assessment, a procedure usually performed by the Assessment Appeals Board to provide due process in valuation either collectively or to individual applicants.

Excess Proceeds

The amount of monies remaining from a sale of tax-defaulted property after the taxes, penalties and costs have been paid and all precedent liens and judgments satisfied.

Escrow

The deposit of instruments and/or funds with instructions with a neutral third party (Title Company or Attorney) to carry out the provisions of an agreement or contract.

Incumbrance. (Encumbrance)

 A claim, lien, charge, or liability attached to and binding real property. Any right to, or interest in, land which may exist in one other than the owner, but which will not prevent the transfer of fee title.

Installment Plan Of Redemption

A plan enabling the taxpayer to pay defaulted taxes in installments over a period of five years. A plan must be initiated before five or more years have elapsed from the time of tax-default.

Installment

 Each installment equals one half of the total current year secured taxes owed by the property owner.

General Lien

A lien such as a tax lien or judgment lien which attaches to all property of the debtor rather than the lien of, for example, a trust deed, which attaches only to specific property.

Fixtures

Anything pertaining to land or improvements, which usually cannot be removed without agreement, as they become real property; examples: plumbing fixtures, store fixtures built into a building, etc.

Exemption Type

The code used by a government agency to identify the type of exemption that is being applied to a property.

Fair Market Value

The amount of money that would be paid for a property offered on the open market for a reasonable period of time with both buyer and seller knowing all the uses to which the property could be put and with neither party being under pressure to buy or sell.

Fiscal Year

An accounting year, as distinguished from a calendar year or an assessment year. State governments set their own fiscal year. Forty-six of the fifty states set their fiscal year to end on 30 June. Four states have fiscal years that end on a different date: Alabama, ends 30 September.

Exemption Amount

The total amount of tax exemption (tax savings) that is being applied to a property.

Last Assessment Update

The date that property information was last updated.

Market Value

Same as “Fair Market Value”.

Lot

Generally, a portion or parcel of real property. Usually refers to a portion of a subdivision.

Limitations, Statute of

The commonly used identifying term for various statutes which require that a legal action be commenced within a prescribed time after the accrual of the right to seek legal relief.

Lien

A form of encumbrance which usually makes specific property security for the payment of a debt. Usually a recorded document. Example: judgments, taxes, mortgages, deeds of trust, etc.

Levy

(Verb) To impose taxes, special assessments, or service charges for the support of governmental activities. (Noun) The total amount of taxes, special assessments, or service charges imposed by government.

Legal Description

 A land description recognized by law; a description by which property can be definitely located by reference to government surveys or approved recorded map.

Lease

A contract between owner and tenant settling forth conditions upon which tenant may occupy and use the property and the term of the occupancy. Sometimes used as an alternative to purchasing property outright, as a method of financing the right to occupy and use real property.

Appraisal

The dollar value assigned to a person’s property by the Property Appraiser. This amount, less any exemptions, is the basis of the ad valorem portion of the tax.

Ad Valorem

A Latin term meaning “according to worth,” referring to taxes levied on the basis of value. Taxes on real estate and tangible personal property are ad valorem.

Mobile home

A stationary, non-motorized vehicle designed and equipped for human habitation. For property tax purposes, “mobile home” is defined as containing 320 or more square feet or area, no more than two dwelling units, and not permanently affixed to land (no foundation).

Mobile home Conditional Clearance

Certificate prepared by the Tax Collector’s Office which releases control over title conveyance on the basis that s/he is to receive a specific payment for taxes owed.

Mobile home Tax Clearance

Certificate which certifies that all fees and taxes have been paid. (See also Tax Clearance Certificate.)

Negative Supplemental Value

 A tax credit based on a downward change in assessed value as determined by the Assessor.

Negotiable Paper

Bank checks and drafts, certificates of eligibility for senior citizen’s property tax postponement, and express and post-office money orders. Acceptance of negotiable paper in payment of taxes is at the Tax Collector’s discretion, except in the case of certificates of eligibility.

Net Value

Taxable amount of assessed property; derived from total assessed value minus any exemptions.

Notice of Adjustment or Discrepancy

 A notice to taxpayer(s) advising payment is short, over, or unidentifiable.

Notice of Impending Default

 A publication by the Tax Collector made annually, on or before June 8th, of impending default for failure to pay taxes on real property.

Owner of Record

The owner of property according to the records of the County Recorder.

Preliminary Title Report

 A report showing the condition of title before a sale or loan transaction. After completion of the transaction, a title insurance policy is issued. Also see Title Report.

Power To Sell

The Tax Collector’s legal obligation and ability to sell all or any portion of property that has been tax defaulted for five or more years and not redeemed. The “power to sell” arises by operation of law after published declaration and mailed notice to the assessee.

Possessory Interest

 The right to use and control public land to the exclusion of others.

Petition

(1) Documents, issued and number controlled, by the Assessor’s Office to inform the Tax Collector of increase or decrease in property values. (2) Data entry document prepared and controlled by the Office of the Tax Collector (Tax Roll Control) to execute the changes indicated by the Assessor.

Personal Property

 Any property which is not designated by law as real property.

Penalty

 An extra amount charged for failure to pay or perform some required act by a specific deadline. Once attached, a penalty becomes part of the tax amount.

Parties of Interest

Any persons, at the time of a tax sale or assignees after a sale, who have a legal right (by title, contract, or lien) to claim excess proceeds from the sale.

Parcel Tax

Non ad valorem taxes added to each parcel in a certain area – usually by a school district and by voter approval.

Parcel Number

 See Assessment Number.

Property, Personal (Personalty)

 Includes all property not real property, both tangible and intangible.

Property, Real (Real Estate)

 Includes the possession of, claim to, ownership of, or right to the possession of land and improvements.

Property Type

A descriptive identifier which identifies the type of property (i.e., residential, commercial, industrial, etc.)

Public Auction

Sale A procedure the Tax Collector employs for selling tax-defaulted property. Each tax-defaulted property is sold to the highest bidder in order to satisfy the lien of delinquent taxes and other charges.

Reassessment

Re-estimating the value of property for tax assessment purposes.

Redemption

 The realization of a right to have the title of property restored free and clear of the lien of any taxes, through payment of all delinquent taxes.

Redemption Penalty

 A monthly penalty charged beginning when a property is added to the abstract of delinquent property and terminating as of the month of redemption currently 1 ½% per month.

Seizure and Sale

The act of taking possession and selling property belonging to an assessee in order to pay the lien of delinquent unsecured taxes.

Special Assessment

A charge levied by a public authority to pay the cost of public improvements such as street lights, water and sewer infrastructure, landscape, etc.

Situs Place

 location of property; or physical address of a property.

Secured Roll; Secured Taxes

The listing of property which, in the opinion of the Assessor, has sufficient value to guarantee payment of taxes levied thereon. “Secured taxes” are those which, if unpaid, can be satisfied by sale of realty against which they are levied.

Roll, Assessment

The list of property, prepared by the Assessor or other authorized party, upon which taxes and other specified charges may be levied within a county or district. The entire county assessment roll includes both “secured” and “unsecured” types of property.

Roll

An internal code which determines if the property is on the secured roll or unsecured roll.

Revenue District

Includes every city and district for which the county officers assess property and collect taxes or assessments.

Release Of Lien

 Recession of the encumbrance previously created by a tax lien. A Release of Lien is issued when the tax debt has been satisfied.

Refund

 An amount paid back or credit allowed because of an over collection.

Redemption

 Installment Plan of A plan to redeem tax-defaulted property which must be initiated before the property becomes subject to the Tax Collector’s power to sell. See Installment Plan of Redemption.

Special District

An independent unit of local government organized to perform a single governmental function or a restricted number of related functions. Special districts usually have the power to incur debt and levy taxes; however, certain types of special districts are entirely dependent upon enterprise earnings and cannot impose taxes. Examples of special districts are water districts, drainage districts, flood control districts, hospital districts, fire protection districts, transit authorities, post authorities, and electric power authorities.

Subdivision

Commonly, a division of a single parcel of land into smaller parcels (lots) by filing a map describing the division, and obtaining approval by a governmental body (city or county).

Subdivision Map 

A map submitted by a subdivider to the proper governmental body for approval in order to establish a subdivision. When the map is approved and recorded, it becomes the basis for the legal description of the subdivision.

Subject to Sale

A property becomes subject to the Tax Collector’s power to sell five or more years after the property becomes tax-defaulted. Also see Notice of Power to Sell Tax-Defaulted Property and Power to Sell.

Summary Judgment  

Summary Judgment An immediate rendering of a court to enforce the Tax Collector’s claim for unpaid taxes. Once recorded, the amount claimed constitutes a lien upon all property of the assessee and is superior to all liens later filed.

Supplemental Assessment

 An adjustment in valuation resulting from a change of ownership or completion of new construction which alters a property’s taxable value.

Supplemental Tax Bill

 A tax bill issue reflecting an adjustment in taxes resulting from upward changes in assessed value due to changes in ownership or completion of new construction.

Tax Due

The total amount of the current year's tax owed by property owner.

Tax-Default; Tax-Defaulted

Describes the onset of a period wherein tax-delinquent secured property becomes subject to redemption penalties and fees. Five years after becoming “tax-defaulted” a property, by operation of law, becomes subject to the Tax Collector’s power to sell.

Taxing Agency

 Includes the state, county, and city. “Taxing agency” also includes every district that assesses property for taxation purposes and levies taxes or assessments on the property so assessed.

Tax Rate Area (TRA)

 An area over which a governmental body has authority to levy property taxes or special assessments; may contain one or more assessment districts. 

Tax Rate

 A factor derived by combining revenue requirements of various taxing agencies and districts within specific areas and expressing the combined figure in relation to the total assessed valuation of each area. Traditionally, the ratio of dollars of tax per hundred dollars of valuation.

Total Assessed Value

 The total assessed value of a property.

Trade Fixtures

 Articles of personal property constructively or physically annexed to real property by a business tenant which are necessary to the carrying on of a trade. Ordinarily trade fixtures are removable by the tenant.

Trust Fund

A suspense or holding fund used by the Accounting Division in situations such as overpayments or duplicate payments.

Trustee, Bankruptcy

 One appointed by a bankruptcy court, and in whom the property of the bankrupt vests. The trustee holds the property in trust, not for the bankrupt, but for the creditors. 

Uniform Commercial Code

A set of laws drafted by the National Conference of Commissioners on Uniform State Laws governing commercial transactions (commercial paper, bank deposits and collections, bulk transfers, investment securities, etc.).

Unincorporated Area

 An area of a county which has not formed a municipal corporation (become a city) or is not otherwise operating under a separate charter.

Unsecured Roll

The County Assessor’s certified assessment listing of properties which, in his opinion, do not constitute sufficient “permanence”, either through movability or other intrinsic qualities, to guarantee payment of the taxes.

Unsecured Taxes

Charges levied from assessment liens against property which cannot be satisfied by tax default of the property, but only by some action against the person responsible for payment. Taxes levied against property which is not deemed secured.

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Quick Claim Deed 

 A deed that transfers without warranty whatever interest or title a grantor may have at the time the conveyance is made.

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Forfeiture 

The loss of money, property, rights or privileges due to a breach of legal obligation.

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Encumbrances 

 A legal term (sometimes referred to as an incumbrance) for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are also encumbrances.

Tax Lien Sale-Premium

Under this method, the investor willing to pay the highest premium (excess above the lien amount) will be the winner. The premium may earn interest at a different rate than the base lien value (or may not earn interest at all), and in some cases may not be paid back to the investor upon redemption of the lien. (States that include this method include Colorado; Colorado does not pay interest on the premium nor does it return it upon redemption)

warranty deed

A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate

Liens 

 A claim registered against a property by a local governmental authority for non-payment of assessed taxes.

Redeemable tax deed.  

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