Shawnee County

Judicial Tax Foreclosure Sale

Upcoming Auction

Case No: 2024-CV-176
Date of Sale: Thursday, September 19, 2024 from 11:00 AM - 2:00 PM
Property List:  Download
Interactive Map of the Properties can be found HERE.

BIDDER REGISTRATION - CLICK HERE

If you would like to be added to our email list to be notified when a list becomes available, please email us at [email protected] or call us at 785-251-4042.

Judicial Tax Foreclosure Sales are governed by Kansas Statute: K.S.A. 79-2801 et seq. The Shawnee County Counselor is required by statute to institute an action in District Court, in the name of the Board of County Commissioners, against the owners, supposed owners and all persons having or claiming to have interest in the real estate. Properties eligible for the Tax Sale have delinquent taxes of at least (3) years for homestead properties, (2) years for commercial properties and (1) year for vacant and abandoned properties.

Disclaimer: This outline is provided by the Shawnee County Counselor's Office for general informational purposes. It is not intended as legal advice or as a complete statement of the law regarding tax foreclosures. The procedures described in this outline are subject to change at any time, dependent upon changes in state law and County policies. It is your responsibility to determine and verify all information that you may need, or upon which you may rely, with respect to any property.

The law regarding a tax foreclosure sale is found in K.S.A. 79-2801 et seq.
You may research the statutes from the State's website: [CLICK HERE]

Bidder Instructions:

THE AUCTION WILL BE HELD VIA ONLINE AUCTION AT CIVICSOURCE.COM

  • Bidders must pre-register with the Counselor's Office by 5:00 P.M. two (2) days prior to the tax sale.
  • You will receive a confirmation email within two (2) weeks after you register. You will NOT be able to bid if you do not receive the confirmation email. Call our office at (785) 251-4042 if you do not receive the confirmation email.
  • The County reserves the right to refuse bids from anyone registering after this date.
  • Bidders will also need to set up an account on CivicSource. (For CivicSource questions, please call 833-692-4842.)
  • Attached is an outline of Bidder Instructions for Shawnee County Tax Foreclosure sales. It is every bidder's responsibility to read these instructions in their entirety prior to bidding at any Shawnee County tax foreclosure auction.
  • All bidders are required to certify during registration that they have been provided a copy of these instructions and that they have read and understand the instructions.

    Click HERE for Bidder Instructions.
  • Registration of bidders is required in order to insure that the bidder is legally qualified to bid/purchase property at the auction. Generally, state law prohibits the following people from bidding/buying at the auction:
    • those who owe delinquent taxes in Shawnee County;
    • those who have an interest in the property, such as the owners, certain lienholders, relatives, or officers in a corporation which owns the property; and
    • those who buy the property with the intent to transfer it to someone who is prohibited from bidding.
  • All winning bidders must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax sale property.
  • THE PERSON WHO HAS REGISTERED TO BID MUST BE THE PERSON BIDDING AT THE TAX AUCTION. No proxy bidding will be allowed.

Auction Procedures:

Approximately 30 days before a scheduled tax sale, notice of the sale will be published in The Topeka Metro News for three consecutive weeks. You may contact the newspaper at P.O. Box 1794, Topeka, Kansas 66601, or call (785) 232-8600 for subscription information.

  • Multiple properties will be offered for sale at the auction.
  • YOU ARE RESPONSIBLE FOR RESEARCHING THE PROPERTIES TO DETERMINE IF THEY ARE SUITABLE FOR YOUR USE.Some examples of research:
    • Determine the location and type of property;
    • Check with the city and county for zoning, building restrictions and special assessments;
    • Check with the county appraiser for appraised value and current tax rates;
    • Check with the Register of Deeds Office for easements and restrictive covenants; and
    • View the property. Please note: Ownership of the property remains with the current owner(s) until the sale has been confirmed by the court. THEREFORE, YOU MAY NOT ENTER THE PROPERTY WITHOUT THE PERMISSION OF THE OWNER(S).
  • You may obtain a list of the properties at the Shawnee County Counselor's Office or by obtaining the same on our website. Properties are listed by parcel identification number and by legal description. ADDRESSES ARE LISTED WHERE AVAILABLE BUT ARE NOT WARRANTED AS ACCURATE. THE MAPS ARE NOT WARRANTED AS ACCURATE.If the property is subject to a federal tax lien or federal judgment lien such lien will be so designated when it is sold.
  • The amount of tax listed for each property in the sale ad is the amount of delinquent taxes owed, plus interest, not the assessed value.
  • The current owner(s) may redeem the property at any time prior to the day of the Auction.
  • Properties are sold at public auction to the highest qualified bidder. The auction will close at the ending time unless there continues to be active bids. In that case, the auction will continue until there are no active bids for at least three (3) minutes.
  • All bidders must register prior to the auction on the Counselor's Website.
  • Properties will be sold by legal description and by county parcel 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. Shawnee County will not guarantee nor make any warranties, express or implied, as to the validity or marketable title, or condition of any of the property, or its fitness for any use or purpose. Any expense involved in perfecting title or obtaining title evidence or title insurance shall be the responsibility of the purchaser.
  • All purchasers are advised to consult with independent counsel prior to making any bid on any property. The Shawnee County Counselor's Office cannot give any purchaser legal advice concerning these proceedings.
  • All properties must be paid for on the day of the sale prior to 4:45 PM. Payment must be made by wire or ACH via the CivicSource checkout website. The buyer will receive a receipt upon payment.
  • Every property will be assessed a fee of $38.00 on top of the purchase price to cover the cost of recording the deed. ($21.00 for first page and $17.00 for second page or each additional page). If you purchase more than one parcel, each parcel will be recorded on its own deed.
  • Please Note - If you are interested in bidding in our auction but do not have access to a computer or internet, the following is a list of places that have public access:
    • Topeka & Shawnee County Public Library - Customers with a valid library card may use the computers for up to 2 hours a day. If you do not have a library card, you may obtain a guest pass for access to the computers for 1 hour a day. Public computers are available on a first-come, first-serve basis.
    • The following Community Centers provides computers for public access. Rules and procedures vary from center to center. Questions about computer rules or procedures should be directed to the individual community centers.
      • Central Park Community Center
      • Crestview Community Center
      • Garfield Community Center
      • Hillcrest Community Center
      • Oakland Community Center
      • Rice Community Center
      • Shawnee North Community Center
      • Community Center at Deer Creek Village

    If further accommodations are required, or if you are having difficulty making arrangements at any of the facilities listed above, please contact our office at (785) 251-4042, at least two (2) days prior to the sale.

After The Auction:

  • After the Auction, the winning bidders will be sent a Purchaser Affidavit via email that they must execute, under oath, that they meet the statutory qualifications for bidding on tax sale property. The affidavit must be notarized and returned to the Counselor's Office before the deed will be released.
  • As soon as practicable after the auction, our office must first prepare and file a sales return with the Court. We then file a Motion requesting the Court to approve and confirm the sale.
  • After the sale is confirmed by the Court, a Sheriff's Deed will be prepared and recorded with the Register of Deeds Office. The deed will be issued to the purchaser as listed on the Bidder Registration Application.
  • It may take up to 90 days to receive the recorded deed to the property. This waiting period allows all funds to clear, the recording of deeds and the settlement of any disputed sales (challenges) in court. Be assured the County works to conclude each case in the most expeditious, legal manner possible. It also will take additional time for prior years' delinquent taxes to be purged from the property record.
  • 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 sale.
  • You are NOT the owner of the property until such time as the sale is confirmed. Until the sale is confirmed you do not have a right to collect rent or require the owner to leave the premises. You do not have the right to start removing, demolishing, cleaning up or otherwise altering the property. You do not have the right to change the locks on the property. (PLEASE NOTE: Shawnee County does not provide any keys to the property.) Once the sale is confirmed with the Court, then you have an interest in the property subject to receipt of your Sheriff's Deed.
  • If there are occupants of the property at the time you receive your deed, you cannot breach the peace trying to take possession. You will be required to obtain a court order directing the sheriff to evict the occupants. The sheriff cannot act without the court order. The County is not responsible for obtaining possession for you or for your expenses to obtain possession.
  • TAXES: You are responsible for any taxes, including specials 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. Special assessments, for sewer, paving, and water will be pro-rated from the date of judgment. Keep in mind you are responsible for the special assessments until they expire or until you sell the property. Any assessments for demolition, weed cutting, or nuisance removal that occur prior to the date of judgment will be abated.
  • REAL ESTATE ONLY: A buyer takes title to the real estate, and that which is typically understood to be real estate, only. A buyer does not get title to any personal property on the purchased property. You need to consult a lawyer in order to determine how to dispose of any personal property found on the premises.
  • CONDEMNATION: A buyer takes title subject to any pending actions to condemn the property for code violations or any environmental enforcement proceedings. We have no way of determining whether any of the parcels we sell as part of tax foreclosure proceedings are part of such actions. It is up to you to have done the research to determine if the property you are purchasing is part of such actions. You may find that the property has been demolished since the last time you inspected it or that a demolition is soon to occur. This is not a basis that allows you to have the sale set aside.
  • PROPERTY INSURANCE: During the time period after the sale and up to confirmation you may not have an insurable interest. Therefore, if the property is destroyed by fire or other casualty before you are able to get insurance, it is not a basis to set aside the sale. You need to consult with your insurance agent as to when you have a sufficient interest for your insurance company to issue a policy protecting the property. This is a risk of purchasing tax foreclosure property.
  • TITLE INSURANCE: You are guaranteed a clear title. However, Shawnee County is not giving any warranty of title to any parcel and 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. This is not a basis that allows you to have the sale set aside.
  • The County will not furnish any abstract of title, any commitments to insure from any title insurance company, nor will the County furnish any title evidence.
  • REDEMPTION RIGHTS: The original owners have no rights of redemption, meaning they do not have any opportunity to reclaim the property after the sale if they are able to come up with the money to repay the taxes owed. Redemption rights end the day prior to the sale.
  • For any property that sells for more than the amount of the County's total lien, the excess proceeds will be distributed upon further order of the Court and pursuant to K.S.A. 79-2803.
  • SETTING ASIDE THE SALE: Even though there are no redemption rights, K.S.A. 79-2804b states that for twelve (12) months after the date the sale is confirmed by the court, a legal challenge may still be made questioning the foreclosure procedures used by the County. If such a challenge is successful, the property could revert back to the original owner, in which case the purchase price would be refunded to you.
    • While this is a very rare instance, Shawnee County would recommend that no improvements be made to the property until twelve (12) months after the date the sale is confirmed by the Court. You must, however, mow and otherwise maintain the property during that period. If you choose to make repairs or improvements, you may do so, but you do so at your own risk. The County will not refund any purchaser for the cost of improvements made to the property or for insurance, or other expenses you may freely choose to incur. Simply stated, you should proceed as you deem appropriate.
  • If the property purchased at the sale is transferred, sold, given, or otherwise conveyed to any person who had a statutory right to redeem prior to the sale, within ten (10) years of the date of this auction, such person shall be liable for an amount equal to the original judgment lien and interest thereon from the date of sale as required by K.S.A. 79 2804g(c).
  • All the property purchased by Shawnee County at the sale will be held for a period of six months or longer and will be offered for sale by sealed bids as required by K.S.A. 79 2804f.

Contact Information

Shawnee County Counselor

707 SE Quincy, Room 310
Topeka, KS 66603


Hours: Mon. - Fri.
8:00 am - 5:00 pm;


Phone: (785) 251-4042
Fax: (785) 251-4902
Email: [email protected]


PROPERTY REFERRAL

Want to refer a property for a future Tax Sale? Just fill out our Property Referral Form.