Delinquent Property Tax Auctions
Terms of the Property Tax Division Public Auction Sales
County Date of Sale Downloadable PDFs Type of Sale
Otero 12/18/2024 @ 10:00 am Otero County
Dona Ana 12/17/2024 @ 10:00 am Dona Ana County
For additional information, contact the Taxation and Revenue Department, Property Tax Division, the County Treasurer, or the County Assessor.
The publications on the Property Tax Division Auction site are in Portable Document Format (PDF). To view them you need the Adobe Acrobat Reader plug-in installed on your computer. You can download the Reader at no cost from Adobe’s site on the World Wide Web.
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FREQUENTLY ASKED QUESTIONS ABOUT
DELINQUENT PROPERTY TAX AUCTIONS
Below are some of the frequently asked questions, and responses from the New Mexico Taxation and Revenue Department in regard to delinquent property tax auctions.
To further assist you with your property tax questions, see our website here https://www.tax.newmexico.gov/all-nm-taxes/statutes-with-regulations/ and open the “Property Tax Code” file or official copies of filed rules (regulations) can be obtained from the New Mexico Commission of Public Records. To view only the statutes governing New Mexico tax and fee programs, select “Statutory Chapters in New Mexico Statutes Annotated 1978.”
Who is required to file? When and where does the Property Tax Division hold delinquent property tax auctions?
There is no set schedule for public delinquent property tax auctions. They occur in each county as title research is completed, all other collection efforts are exhausted and as the New Mexico Taxation and Revenue Department Property Tax Division (PTD) moves forward in placing property back on the tax rolls. PTD does not hold sales in all 33 counties each year.
Delinquent property tax auctions are held in the county where the property is located at either the county seat (courthouse) or at a place PTD designates. PTD strongly urges all potential bidders to inspect the property ahead of time and check the paper history on the chain of title before the auction.
Site inspections must be held outside of the property boundaries, trespassing is not allowed. All property is sold “as is” and is not guaranteed. There are no refunds, and all sales are final. See the “Terms of the Property Tax Division Public Auction Sales” at the top of this page for more information.
For information see, “Where can I find copies of sale lists?”
Where can I find copies of sale lists?
Upon completion of all preliminary statutory requirements to properly offer delinquent property for sale, a list of eligible properties is available through the county treasurer or the county assessor. Sales lists can also be found in the legal section of the local newspaper.
Lists are also available through the New Mexico Taxation and Revenue Department Property Tax Division (PTD) as listed below:
- https://www.tax.newmexico.gov/businesses/property-tax-overview/delinquent-property-tax-auctions/
- At the PTD office in the Wendell Chino Building:
1220 St. Francis Dr., 2nd Floor, Rm. 207,
Santa Fe, NM 87505; or
- call (505) 827-0883. Note, PTD does not mail these lists.
Why are county treasurers selling mobile homes?
To collect delinquent taxes, the county treasurer is authorized to seize a mobile home and sell it for taxes under authority of a demand warrant according to Section 7-38-53 NMSA 1978 of the Property Tax Code.
Does New Mexico have a right of redemption for former owners?
New Mexico statutes offer a two-year limitation for the former owner to challenge the sale under Section 7-38-70 NMSA 1978.
The only redemption period in New Mexico is a 120-day federal Internal Revenue Service (IRS) redemption. The IRS has 120 days after the auction to buy the property from the successful bidder up to the amount purchased.
Does the Property Tax Division provide buyers with title information (deeds, mortgage, liens, etc.) prior to a tax sale?
The New Mexico Taxation and Revenue Department Property Tax Division (PTD) does not furnish title information, maps or suggestions about the locations of properties being sold. The responsibility to inspect the property and review the chain of title belongs to the buyer prior to the sale. Buyers should know exactly what they are buying before the sale.
Site inspections must be held outside of the property boundaries, trespassing is not allowed. All property is sold “as is” and is not guaranteed. There are no refunds, and all sales are final. See the “Terms of the Property Tax Division Public Auction Sales” at the top of this page for more information.
What types of payment are acceptable at public auction sales?
All payments at public auctions must be in the form of a cashier’s check, money order, personal check or company check. There is reasonable time after the conclusion of the sale for parties to acquire a cashier’s check or money order for the amount of their purchases.
A letter of guarantee from the issuing bank must accompany personal and company checks at the time of registration. Letters of guarantee must state that the bank will guarantee payment up to a specific amount. Personal or company checks are unacceptable without the letter of guarantee.
How can a buyer bid on property offered at tax sales?
Individuals who wish to bid on property are required to register on the day of the sale with the New Mexico Property Tax Division (PTD). Registration closes promptly at the start of the sale. Bidding is on an oral basis with the property going to the highest bidder.
Bidders must be physically present or represented by an agent. An agent must present a notarized authorization document showing who they are representing at the time of registration.
What determines the minimum bid on real property?
The minimum bid is based on the total of taxes, penalty, interest and costs due.
What is a perfected interest?
Interest in real property is “perfected” when the deed or lien is recorded with the County Clerk’s Office in the county where the property is located.
The state issues a tax deed equivalent to a quitclaim deed. The deed conveys all of the former owner’s interest in the real property as of the date the state’s lien for real property taxes arose. This deed is subject only to perfected interests in the real property that existed before the date of the property tax lien. New Mexico warrants no title to property you buy at public auction. It is sold “as is.” The deed issued by the New Mexico Property Tax Division (PTD) can be used as the basis to begin clearing the title through the court
If a buyer purchases a property through a tax sale, are all other existing liens against that property extinguished at that time?
A sale properly made under Section 7-38-67 NMSA 1978 constitutes full payment of all delinquent taxes, penalties and interest considered as a tax lien against the property.
The sale extinguishes the tax lien only. No other liens are extinguished.
The responsibility to inspect the property and review the chain of title belongs to the buyer prior to the sale.
Is property bought at a delinquent tax sale assessed and taxed on the amount of purchase?
The purchase price does not dictate the value of the property. The buyer will need to visit with the county assessor for the values of the property or properties purchased at auction.
What happens if a buyer does not pay for a piece of property?
Any bidder who does not pay once the auction closes may not participate in any future property tax sales. In addition, the bidder is responsible for all costs, expenses, and attorney fees expended in the collection of uncollected bids.
For more information see “What types of payment are acceptable at public auction sales?”