Buying at forced sales

A forced sale is one the owner didn’t choose. A county may sell it for unpaid taxes, a lender’s trustee after missed loan payments, a sheriff to pay a court judgment, or the IRS after seizing it. The rules change a lot from state to state. Choose your state below to see only its rules.

What you’ll learn

Whether your county sells the property itself or a tax lien.
How trustee (foreclosure) auctions work: timelines, notices and payment.
Which sales leave the owner a right to buy the property back after the sale.
What stays with the property, and why you buy as-is.
Where to find your county’s sale offices.

How a forced sale differs from a regular purchase

	How it differs
Auctions	Usually as-is, with no inspection or financing contingency. Expect a deposit, often by cashier’s check, and full payment in cash on a short deadline. Bidding sets the price, so decide your maximum bid before the sale. Each guide lists the rules for that kind of sale.
Bank-owned (REO)	The bank’s own contract and addenda usually replace the standard forms. Fannie Mae’s contract, for example, sells the home as-is and sets a short inspection period; check the contract for the deadline. It doesn’t require the seller to make repairs. If you don’t like the inspection results, you can usually cancel and get your earnest money back only within that inspection period and by the notice the addendum requires.* Once the period ends, the seller refusing repairs doesn’t let you cancel.
Short sales	The owner sells for less than the loan balance, and the lender has to agree. Expect a long wait for that approval, because the lender, not only the owner, must accept the price.

Tax sales

State	What’s sold	Key rules
Nevada	The property, by quitclaim deed	The county treasurer holds the property for 2 years after the tax certificate (1 year if abandoned). Then the treasurer auctions it for at least the taxes, costs, penalties and interest. Owners and lenders can pay off until the third business day before the sale.
California	The property (tax-defaulted land)	The tax collector can sell after five years of default (three for nonresidential commercial property). The minimum bid is at least what it would cost to redeem (pay off) the property, plus costs.
Arizona	A tax lien, not the property	Liens are sold in February. Bidders bid down the interest rate, which can’t be more than 16% a year. On popular parcels, competition can push it far lower, even to 0%. The owner can pay it off (redeem) at any time, which ends your interest, so plan on earning interest rather than getting a property. After three years (and within ten), the lien holder can go to court to end the right to redeem and get a deed. Or, if you or the owner ask and the property is likely to sell for more than $2,500 above what’s owed, the court must order an auction instead, and you’re paid in cash (A.R.S. 42-18204).
Utah	The property	The county auditor sells property still unpaid four years after the taxes went delinquent (usually five years of taxes by sale day) at a tax sale in May or June. A bid must cover the taxes, penalties, interest and costs.
Texas	The property, by a sheriff’s or constable’s deed	After a court judgment, a sheriff or constable auctions it on the first Tuesday of the month. The minimum bid is the lesser of the property’s value in the judgment or the full judgment with costs. The owner can buy it back (redeem) for 180 days, or 2 years for a homestead, land designated for agricultural use or a mineral interest (Tax Code 34.01 and 34.21).

A tax sale doesn’t clear everything. Read the county’s rules before every sale.

In Nevada, Washoe County warns that some government liens and other encumbrances may remain, and that the former owner can challenge the sale for two years, when title insurance may be hard to get.

In California, San Diego County sells “as is” and takes no responsibility for other liens, encumbrances or easements.

Trustee (foreclosure) sales

Most home loans in all five states are deeds of trust. When a borrower defaults, a trustee can sell the home at a public auction without going to court.

State	Timeline and notice	Paying
Nevada	At least 3 months after the notice of default is recorded. The notice of sale is posted 20 days and published once a week for 3 weeks.	Set by the trustee; see our guide.
California	At least 3 months after the notice of default. The notice of sale is posted at least 20 days before.	The trustee can require bidders to show they can pay the full bid in cash or cashier’s checks. The trustee can also require the full amount from the winner.
Arizona	The sale can’t happen before the 91st day after the notice of sale is recorded. Notice is posted 20 days before and published four weeks in a row.	The winner pays by 5 p.m. the next business day.
Utah	At least 3 months after the notice of default. The notice of sale is published three times and posted at least 20 days before.	As the trustee directs. A bid can’t be withdrawn, and the trustee’s deed comes with no right of redemption.
Texas	For a home the owner lives in, the servicer first gives at least 20 days to catch up. The notice of sale is posted, filed and mailed at least 21 days before. Sales are on the first Tuesday of the month, between 10 a.m. and 4 p.m. (Property Code 51.002).	You pay when the bid is accepted, as the trustee directs. After a mortgage foreclosure the owner can’t buy it back; after a property tax loan foreclosure they can, for up to 2 years for a homestead and 180 days for most other property (Tax Code 32.06(k), (k-1)).

California adds a step for homes of one to four units: after the auction, tenants and other eligible bidders have 15 days to send a bid or a written notice that they intend to bid. If anyone does, a tenant can match the winning bid, and other eligible bidders can beat it, until day 45. So the winning bid isn’t final for 15 days, and can be for up to 45. The step doesn’t apply when an owner-occupant wins at the auction (Civil Code 2924m, in effect until 2031).

Court sales and the right to redeem

Sometimes a foreclosure goes through court, or a sheriff sells property to pay a judgment. When that happens, the owner may be able to buy it back for a while after the sale. You own it, but the owner keeps that right until it runs out.

Nevada: up to 1 year after a sheriff’s execution sale.
California: only when the judgment allows a deficiency (the notice of sale says whether the sale is subject to redemption): 3 months after a judicial foreclosure sale if the sale paid the debt in full, or 1 year if it didn’t (CCP 729.010, 729.030).
Arizona: 6 months after a judicial foreclosure sale, or 30 days if the judgment found the property both abandoned and not used mainly for farming or grazing. After that, junior lienholders can redeem in turn, 5 days each (A.R.S. 12-1282).
Utah: 180 days after a sheriff’s sale.
Texas execution sales: no right to redeem after a sheriff’s or constable’s execution sale. The deed passes only what the debtor owned, so older liens stay (Civil Practice and Remedies Code 34.045).
Texas HOA foreclosures: the owner can buy it back until 180 days after the association mails written notice of the sale, or, for a condo, until 90 days after the sale (Property Code 209.011 and 82.113).

Federal sales

IRS sales: the IRS sells seized property by public or sealed-bid auction. For 180 days afterward, the owner or anyone with an interest can buy it back (redeem it) by paying what you paid plus 20% a year interest, so you can’t count on keeping it until then.
HUD homes: foreclosed FHA homes sold through HUD Home Store. Bids go through a HUD-registered broker.
Tenants: after a foreclosure, a new owner must give genuine tenants at least 90 days’ notice before eviction, and generally has to honor their lease. The exception is a buyer who will live there, who can end the lease with 90 days’ notice.

Before any forced sale

Read the official notice and the seller’s rules: deposit, payment deadline, and what you get (a deed or, where your county sells liens, a lien certificate).
Get a title search. Which liens survive depends on the kind of sale.
Expect to buy as-is, usually without seeing inside.
Check whether the owner has filed bankruptcy, which can stop a sale.
Know your walk-away price before bidding, and include the cost of any redemption period.
Evaluate how you will pay before you bid. Home equity, savings or other financing may be options depending on your situation; DeedOwl does not recommend for or against any method. Compare your current finances, repayment ability, risk tolerance and possible losses, including risks to your home or 401(k). Check alternative funding if your first plan fails, and seek independent financial, investment, tax and legal advice. Most forced sales are final and as-is.
Plan for people living there. Owners and tenants have legal rights, and removing them takes a court process.

Find deals lists each county’s tax sale page and records offices. Never contact homeowners facing foreclosure. Buy from the official seller.

Our step-by-step guides walk you through each kind of sale in your state, every step from the notice to getting possession.

Nevada guides (Clark County): Tax sales, lien certificates, foreclosure auctions, HOA foreclosures, sheriff sales, IRS sales, bank-owned homes, commercial property and short sales.
California guides: Tax sales, trustee sales, sheriff sales, HOA foreclosures, IRS sales, bank-owned homes, short sales and commercial property.
Arizona guides: Tax lien sales, trustee sales, sheriff sales, HOA foreclosures, IRS sales, bank-owned homes, short sales and commercial property.
Utah guides: Tax sales, trustee sales, sheriff sales, HOA foreclosures, IRS sales, bank-owned homes, short sales and commercial property.
Texas guides: Tax sales, trustee sales, sheriff and constable sales, HOA foreclosures, IRS sales, bank-owned homes, short sales and commercial property.

Put it into practice

Find your county’s official sale page and write down the deposit, the payment deadline and what you get (a deed or, where your county sells liens, a lien certificate).

Key terms

Tax lien: A claim for unpaid taxes. Where liens are sold, investors buy the lien and earn interest until it’s paid or foreclosed.
Tax deed: A deed to the property itself, sold by the county for unpaid taxes.
Trustee sale: An out-of-court foreclosure auction held by the trustee under a deed of trust.
Right of redemption: The owner’s right to buy the property back for a time after certain sales.
Quitclaim deed: A deed that passes whatever interest the seller has, with no promise that title is clear.
Quiet title action: A court case that confirms you own the property free of old owners’ claims, so a title company will insure it.

Sources

Last reviewed 2026-10-05.