Master Glossary — Tax & Mortgage Foreclosure, Redemption, and Surplus Recovery
Legal information, not legal advice. This is a neutral, cross-jurisdiction reference glossary; precise meanings vary by state and change over time. Verify any term that controls a deadline, rate, or right against the relevant jurisdiction page and its primary source. Last verified: 2026-06-02.
Overview
This glossary defines the vocabulary used across the wiki: the two tax-sale systems
(lien-certificate and deed), the redemption doctrines that sit on top of them, the
mortgage-foreclosure tracks (judicial and non-judicial), the surplus / excess-proceeds
waterfall that runs after any sale, the title and lien-survival concepts a purchaser
must master, and the bankruptcy, federal-lien, and consumer-protection overlays that
cut across every jurisdiction. Terms are organized A–Z. Where a term has a dedicated
wiki page, it links as slug.
Two structural facts orient everything below. First, a tax sale either sells a lien (a certificate the owner redeems by paying the holder) or sells title (a deed, sometimes defeasible by post-sale redemption). Second, after any forced sale, money collected above the triggering debt is surplus that — under tyler-v-hennepin-county — belongs to the former owner and displaced lienholders, not the government or purchaser. Most of the terms here are tools for locating exactly where a given matter sits inside those two facts.
A
Abatement — A reduction or elimination of an assessed tax, penalty, or interest by the taxing authority, typically on appeal or for hardship/exemption. Distinct from redemption, which pays the debt rather than reducing it.
Absolute deed — A deed conveying title outright with no condition of defeasance. Contrasted with a redeemable (defeasible) tax deed, which can be undone by timely redemption.
Ad valorem tax — A tax levied “according to value,” i.e., as a percentage of a property’s assessed value. Delinquent ad valorem property taxes are the debt that triggers most tax-foreclosure sales.
Adverse possession — Acquiring title by open, notorious, continuous, hostile possession for a statutory period. In some states (e.g., Alabama) a tax purchaser’s adverse possession can cut off a lingering judicial right of redemption.
Affidavit of heirship — A sworn statement identifying a decedent’s heirs, used to establish standing to redeem or to claim surplus when no probate estate is opened. Acceptance varies by jurisdiction and holding office.
Anti-deficiency statute — A law barring or limiting a lender’s right to pursue a borrower personally for the shortfall after a foreclosure sale, often limited to purchase-money or owner-occupied residential loans. See anti-deficiency.
Assessment — The official valuation of property for taxation, or a special charge (special assessment) levied for a local improvement. Unpaid special assessments can themselves trigger or attach to a tax sale.
Assignment — Transfer of a right or instrument from one party to another. A tax certificate, a mortgage/note, a redemption right, or a surplus claim may each be assignable; assignability and its conditions are heavily regulated and vary by state. See assignability-of-redemption-rights, surplus-claim-assignment.
Assignment of mortgage — The recorded transfer of a mortgage (and usually the underlying note) from one holder to another. Gaps or defects in the assignment chain are a frequent basis for standing challenges in judicial foreclosure.
Automatic stay — The injunction under 11 U.S.C. § 362 that arises instantly when a bankruptcy petition is filed, halting most collection, foreclosure, and tax-sale actions against the debtor and the estate. See bankruptcy-automatic-stay.
B
Barment / barment notice — A statutory notice (notably in Georgia) served by a tax-deed purchaser to “bar” or foreclose the right of redemption after the minimum redemption period; until proper barment, redemption stays open.
Beneficiary — Under a deed of trust, the lender for whose benefit the trustee holds title and may conduct a trustee’s sale. (Distinct from a trust-and-estate beneficiary.)
Bid-down interest — An auction method in lien-certificate states where bidding starts at the statutory maximum rate and is competitively bid down; the certificate goes to the bidder accepting the lowest interest rate the owner will pay on redemption (e.g., Florida starts at 18%, bid down in 0.25% steps).
Bid-down ownership — An auction method (e.g., Iowa) where bidders compete by accepting a smaller undivided percentage interest in the property for the same tax payment; the lowest ownership percentage offered wins.
Bona fide purchaser (BFP) — A buyer who acquires property for value, in good faith, without notice of competing claims. BFP status can protect a downstream purchaser even where an earlier deed was voidable.
Book value / face amount — The principal sum of a tax certificate (taxes, interest, costs at issuance) before accrued interest and penalties; the base on which redemption is computed.
C
Certificate holder — The owner of a tax-lien certificate, entitled to redemption proceeds (investment plus bid interest/penalty) or, if unredeemed, to apply for a tax deed. Also called the certificate purchaser.
Certificate of purchase (CP) — The document issued to the winning bidder at a tax-lien sale evidencing the lien purchased and the holder’s redemption/deed rights. The predecessor instrument to a tax deed in lien states.
Certified mail notice — Notice sent by certified or registered mail, the standard method for satisfying due-process actual-notice obligations to owners and lienholders. Returned certified mail can trigger additional required steps under jones-v-flowers. See due-process-notice.
Chain of title — The recorded sequence of conveyances and encumbrances from the original grant to the present owner. A defect or gap in the chain is a cloud on title that a quiet-title action seeks to resolve.
Claim waterfall — The statutory order of payment from a sale fund: costs of sale, then the foreclosing claimant, then governmental/tax liens, then junior lienholders in recorded priority, then residue to the former owner. The “surplus” is what remains for the bottom tiers. See surplus-funds.
Cloud on title — Any recorded claim, lien, encumbrance, or defect that, if valid, would impair marketable title. Tax deeds frequently carry clouds (prior owner’s redemption, defective notice) cured via quiet title. See quiet-title-after-tax-sale.
Code enforcement lien — A municipal lien for unabated code/nuisance violations (overgrowth, demolition, unsafe-structure abatement). May survive a tax sale and bind the purchaser depending on state priority rules.
Confirmation of sale — A court order approving a foreclosure or tax sale, often the event that triggers the redemption clock or transfers title in judicial and monition systems.
Contingency fee — A fee paid only on success and computed as a percentage of the recovery, the standard model for surplus-recovery agents and attorneys; capped by statute in several states. See third-party-recovery-rules.
Contract for deed (land contract) — An installment sale where the seller retains legal title until the buyer completes payments. The buyer’s equitable interest can support standing to redeem or claim surplus.
Cramdown — In Chapter 11/12/13 bankruptcy, court confirmation of a plan over a secured creditor’s objection that may reduce the secured claim to the collateral’s value (the unsecured remainder treated as a general claim). Limited for some residential mortgages.
Credit bid — A foreclosing lienholder’s bid at sale using the debt owed rather than cash, up to the amount of its secured claim. A full credit bid can eliminate surplus.
D
Deed in lieu of foreclosure — A voluntary conveyance of the property by the borrower to the lender to satisfy the debt and avoid foreclosure. Junior liens are not automatically extinguished, which limits its use.
Deed of trust — A security instrument used instead of a mortgage in many states, conveying title to a neutral trustee to hold until the loan is paid; it enables non-judicial foreclosure by trustee’s sale on default.
Deed seasoning — The waiting period title insurers or lenders require after a tax deed before they will insure or finance, reflecting residual redemption/notice risk; often shortened or eliminated by a quiet-title judgment. See title-insurance-and-deed-seasoning.
Defeasible deed — See redeemable deed.
Deficiency judgment — A personal money judgment against the borrower for the unpaid loan balance remaining after a foreclosure sale yields less than the debt. Barred or limited in anti-deficiency states. See anti-deficiency.
Delinquent tax roll / list — The official register of parcels with unpaid taxes, published and used to assemble the tax-sale offering; the primary public data source for locating sale candidates.
Due-process notice — The constitutional requirement that the state give interested parties notice “reasonably calculated” to reach them before extinguishing property rights. Defective notice can void or reopen a sale or redemption. See due-process-notice, mullane-v-central-hanover.
E
Encumbrance — Any claim, lien, charge, or restriction on property (mortgage, lien, easement, covenant) that may affect title or value.
Equitable redemption / equity of redemption — The historical (pre-sale) right of a defaulting owner to redeem by paying the debt before the foreclosure or tax sale is completed. Extinguished by the sale or, in judicial mortgage foreclosure, by the foreclosure decree. See right-of-redemption.
Equitable title — A beneficial interest in property without bare legal title (e.g., a land-contract buyer, a trust beneficiary). Often sufficient to support standing to redeem or claim surplus.
Escheat — The reversion of unclaimed property to the state when no eligible claimant comes forward. Unclaimed surplus typically escheats to a state unclaimed-property fund (often still reclaimable) or a county fund (often a permanent loss).
Excess proceeds — See surplus. The amount a sale brings above the debt, costs, and senior liens; payable down the claim waterfall. See surplus-funds.
Execution / writ of execution — A court order directing an officer (typically the sheriff) to seize and sell property to satisfy a judgment; the engine of a sheriff’s sale. See sheriff-sale.
F
Face value — See book value / face amount.
Federal tax lien — A lien arising under 26 U.S.C. § 6321 in favor of the United States for unpaid federal taxes, perfected against third parties by filing a Notice of Federal Tax Lien (NFTL). See NFTL and federal-tax-lien-redemption.
Fee simple — The most complete form of ownership, of potentially infinite duration and freely transferable; what a clean tax deed plus quiet title aims to deliver.
Finder — A party who locates owners of unclaimed funds (including surplus) and connects them to the holding office for a fee, often under “heir-finder” or unclaimed-property statutes that cap compensation and impose disclosure duties. See third-party-recovery-rules.
Forbearance — A lender’s temporary agreement to reduce or suspend mortgage payments without curing the default, used in loss mitigation; the arrears typically remain due later.
Forfeited land commission — A state/county body (notably in South Carolina) that takes title to parcels receiving no bid at the tax sale and manages or resells them.
Forfeiture — Loss of property to the government for nonpayment without a sale, historically the mechanism by which some states took title and equity together (the practice constrained by tyler-v-hennepin-county). Also used for the permanent loss of an unclaimed surplus to a county fund.
Fraudulent conveyance / transfer — A transfer made to hinder, delay, or defraud creditors, or for less than reasonably equivalent value while insolvent; voidable by creditors. A recurring risk in distressed-equity and surplus-assignment deals. See UVTA.
G
Grantee / grantor — The party receiving (grantee) or conveying (grantor) an interest in real property by deed.
Guardian ad litem — A person appointed by a court to represent the interests of a minor, incompetent, or unknown party in a proceeding such as a quiet-title or foreclosure action.
H
Heirs property — Real estate held by descendants as tenants in common without a clear title or estate administration, common where an owner dies intestate. Fragmented ownership complicates redemption, surplus claims, and partition. See heirs-property.
Homestead exemption — A statutory protection reducing the taxable value of, and/or shielding equity in, a primary residence; in some states it lengthens the redemption period or restricts foreclosure (e.g., longer Texas redemption for homestead).
HOA lien — A lien recorded by a homeowners’ or condominium association for unpaid assessments. In “super-priority” states a limited portion can prime a first mortgage, and an HOA foreclosure can extinguish it. See hoa-super-priority.
I
In personam — A proceeding directed against a person, seeking personal liability (e.g., a deficiency judgment). Contrast with in rem.
In rem — A proceeding directed against the property itself rather than a person; many tax foreclosures are in rem actions binding all interests in the parcel.
Indemnity fund — A state fund (e.g., Illinois) compensating owners or lienholders who lose property/interests through the tax-sale system, historically substituting for a conventional surplus pool.
Interpleader — A procedure by which a stakeholder holding contested funds (e.g., a clerk holding surplus) deposits them with a court and lets rival claimants litigate priority, discharging the stakeholder from liability.
IRS 120-day redemption right — The United States’ right under 26 U.S.C. § 7425(d) to redeem real property sold at a non-judicial foreclosure within 120 days when a federal tax lien was junior to the foreclosed lien; a key purchaser-exposure item. See federal-tax-lien-redemption.
J
Joint tenancy — Co-ownership with a right of survivorship: on one owner’s death, the share passes to the surviving joint tenants rather than the decedent’s estate. Affects who may redeem or claim surplus.
Judgment lien — A lien on the debtor’s real property created by recording a money judgment; a junior encumbrance paid from surplus in recorded-priority order.
Judicial foreclosure — Foreclosure conducted as a lawsuit, ending in a court judgment and a court-supervised (often sheriff’s) sale. The default in “judicial” states; provides a confirmation order but is slower than non-judicial foreclosure.
L
Land bank — A public or quasi-public entity that acquires, holds, and repurposes tax-delinquent, vacant, or abandoned property, often with the power to clear liens and convey marketable title. See land-bank-programs.
Land contract — See contract for deed.
Lien strip — In bankruptcy, removal of a wholly unsecured junior lien (e.g., a second mortgage on an underwater home) so it is treated as unsecured; available in some chapters and not for a partially secured first mortgage on a residence.
Lien-certificate state — A jurisdiction that sells a tax lien (certificate) rather than title; the owner redeems by paying the certificate holder, and a deed issues only after the redemption period runs and the holder forecloses or applies.
Life estate — An interest measured by a person’s lifetime; the life tenant holds present rights and the remainderman takes on the life tenant’s death. Both interests may bear on redemption and surplus.
Lis pendens — A recorded notice of pending litigation affecting title, warning the world that any interest acquired is subject to the suit’s outcome. Standard in judicial foreclosure and quiet-title actions.
Loss mitigation — The lender’s pre-foreclosure process of evaluating alternatives to foreclosure (modification, forbearance, repayment plan, short sale, deed in lieu); federal servicing rules require its consideration before a covered foreclosure proceeds.
M
Marketable title — Title reasonably free from doubt and litigation, such that a willing buyer would accept and a title insurer would insure it. Tax deeds usually require quiet title to become marketable. See quiet-title-after-tax-sale.
Marketable Title Act — A statute extinguishing certain old recorded interests after an unbroken chain of record title for a set period (often 30–40 years), simplifying title cure. Availability and reach vary by state.
Mechanic’s lien — A lien securing payment to contractors, subcontractors, and suppliers for labor or materials improving real property; its survival of a tax sale depends on priority and notice rules.
Mennonite notice — The actual (mailed) notice a mortgagee of record is constitutionally entitled to before its interest is extinguished. See mennonite-v-adams, due-process-notice.
MERS (Mortgage Electronic Registration Systems) — A private electronic registry that records as nominee/mortgagee of record to track transfers of mortgage servicing and ownership without recording each assignment. A recurring subject of standing disputes in judicial foreclosure.
Monition — A judicial tax-foreclosure proceeding (used in parts of Delaware) in which the court issues a writ of monition and confirms the sale; redemption often runs from confirmation.
Mortgage — A security instrument creating a lien on real property to secure a debt, with the borrower (mortgagor) retaining title and the lender (mortgagee) holding the lien; typically foreclosed judicially.
Mortgagee / mortgagor — The lender holding the mortgage (mortgagee) and the borrower who grants it (mortgagor).
N
NFTL (Notice of Federal Tax Lien) — The public filing that perfects a federal tax lien against subsequent purchasers, holders of security interests, mechanic’s lienors, and judgment creditors. Triggers the IRS 120-day redemption analysis. See federal-tax-lien-redemption.
Non-judicial foreclosure — Foreclosure conducted without a lawsuit under a power-of-sale clause in a deed of trust or mortgage, completed by a trustee’s sale after statutory notice. Faster than judicial foreclosure; available where state law and the instrument permit.
Notice of default (NOD) — The recorded notice that commences a non-judicial foreclosure, stating the default and starting the statutory cure/reinstatement period before a sale can be noticed.
Notice of sale — The published/posted/mailed notice stating the date, time, place, and terms of a foreclosure or tax sale, a due-process and statutory prerequisite to a valid sale.
O
One-action rule — A rule in some states (e.g., California, Nevada) requiring a secured lender to proceed first against the collateral (foreclosure) before, or instead of, suing on the debt; suing on the note first can waive the security or bar a later deficiency.
Opening / minimum bid — The lowest acceptable bid at a sale, typically the taxes/debt plus costs; sales below this are struck to the county/state or yield no surplus.
Overage — Colloquial term for surplus / excess proceeds. See surplus-funds.
Overbid — The amount a winning bid exceeds the opening/minimum bid; the source of surplus. Also used for any bid above the prior high bid in an upset-bid system.
Over-the-counter (OTC) — Purchase of a tax lien or tax-deed property that went unsold at auction, bought directly from the county “over the counter,” often at the statutory maximum rate or struck-off price without competitive bidding.
Owner of record — The person shown by the public records as titleholder at the relevant time; the presumptive party entitled to notice, to redeem, and to residual surplus.
P
PACE lien (Property Assessed Clean Energy) — A lien repaid through the property tax bill financing energy/resiliency improvements; structured as a special assessment that can carry super-priority and survive or trigger tax enforcement.
Partition — A legal action to divide co-owned property or force its sale and split the proceeds, used to resolve fragmented or heirs-property ownership. See heirs-property.
Power of sale — A clause in a mortgage or deed of trust authorizing the lender/trustee to sell the property on default without judicial action; the legal basis for non-judicial foreclosure.
Premium bid — A bidding method (e.g., Colorado, parts of Florida tax-deed sales) where bidders offer cash above the lien/opening amount; the premium may earn no interest and may or may not be refunded on redemption, depending on the state.
Priority — The rank order in which liens and interests are paid or survive, generally “first in time, first in right,” subject to statutory super-priorities (tax, certain HOA, federal). Determines the surplus waterfall and lien survival.
Pro tanto — “To that extent”; used where a payment or recovery satisfies a claim partially.
Purchase-money mortgage — A mortgage given to secure the loan used to buy the property; often shielded from deficiency judgments under anti-deficiency statutes. See anti-deficiency.
Q
Quia timet — “Because he fears”; an equitable action to remove a future or potential cloud on title before it ripens into harm, often paired with quiet-title relief. See quiet-title-after-tax-sale.
Quiet title — An action to establish clear, marketable ownership against all adverse claims, the standard cure to make a tax deed insurable and financeable. See quiet-title-after-tax-sale.
Quitclaim deed — A deed conveying whatever interest the grantor has, with no warranty of title. Common in surplus/redemption deals and a marker of elevated title risk.
R
Recovery agent — A person or firm that, for a fee, helps an owner or heir recover surplus or other unclaimed funds; subject to state licensing, fee caps, and disclosure rules. See third-party-recovery-rules.
Redeemable deed (defeasible deed) — A tax deed conveying title at the sale that is defeated if the owner redeems within the statutory window by paying the purchaser’s bid plus a statutory premium (e.g., Texas, Georgia, Tennessee). A hybrid of the lien and deed systems. See right-of-redemption.
Redemption amount — The total a redeemer must pay to recover the property: the certificate/bid plus statutory interest or penalty, subsequent taxes, and allowed costs. Often non-negotiable and not subject to partial payment.
Redemption period — The window during which redemption is allowed, ranging from none (pre-sale only) to several years; its length, trigger date, and method of extinguishment are the most variable features across jurisdictions. See right-of-redemption.
Reinstatement — Curing a mortgage default by paying all arrears, fees, and costs to restore the loan to current status, available up to a statutory cutoff before sale; distinct from payoff/redemption of the full balance.
Remainderman — The holder of the future interest that becomes possessory when a life estate ends. Both the life tenant and remainderman may have stakes in redemption and surplus.
Right of first refusal (ROFR) — A contractual or statutory right to match a third party’s offer before the property can be sold to that party; some tax/land-bank programs grant ROFRs to occupants or local entities.
Right of redemption — The umbrella right of an owner (and usually other interest-holders) to recover property after delinquency by paying the amount owed; may be pre-sale (equity of redemption) or post-sale (statutory). See right-of-redemption.
Robo-signing — The improper mass execution/notarization of foreclosure affidavits and assignments without personal knowledge or proper review; a basis for challenging mortgage-foreclosure documents and standing.
Rollback tax — A recapture of taxes deferred under a use-based valuation (agricultural, open-space, greenbelt) when the land changes to a non-qualifying use; can become a lien and a purchaser surprise.
S
§ 363 sale — A bankruptcy sale of estate property under 11 U.S.C. § 363, often “free and clear” of liens (with liens attaching to proceeds), an alternative to foreclosure that can affect a property’s title and any surplus.
SCRA (Servicemembers Civil Relief Act) — Federal protections (50 U.S.C. ch. 50) for active-duty servicemembers, including limits on non-judicial foreclosure, interest-rate caps, and stays/tolling that can suspend a sale or extend redemption. See scra-protections.
Securitization — The pooling of mortgage loans into a trust that issues investor securities (RMBS). Determining which entity holds the note in a securitized chain is central to standing disputes.
Senior / junior lien — A lien’s rank relative to others; senior liens are paid (and survive) ahead of junior liens. A tax lien is typically senior to most private liens; a foreclosure extinguishes junior liens but not senior ones. See junior-lien-purchase-risk.
Sheriff’s sale — A public auction conducted by the sheriff under a court judgment/writ to satisfy a mortgage or judgment debt; the typical sale event in judicial foreclosure. See sheriff-sale.
Short sale — A pre-foreclosure sale of the property for less than the mortgage balance, with the lender’s consent to release its lien for the reduced proceeds; may or may not waive the deficiency.
Standing — The legal capacity to bring or defend an action; in foreclosure, the requirement that the plaintiff actually hold the note and mortgage at filing. A frequent defense in judicial foreclosure.
Statutory redemption — A post-sale right, created by statute, to undo a completed sale by paying the redemption amount within a fixed window. Existence and length vary widely; many states have none. See right-of-redemption.
Strict foreclosure — Foreclosure that vests title in the lienholder without a sale once the redemption period expires (used in a few states and post-Tyler under pressure where it captures owner equity). Contrast with sale-based foreclosure that generates surplus.
Subsequent taxes (“subs”) — Taxes accruing after a certificate is purchased that the holder may pay to protect its lien; “subs” are added to the redemption amount and often earn interest. See purchaser-obligations-during-redemption.
Super-priority lien — A lien that, by statute, primes liens that would otherwise be senior — classically the tax lien, and in some states a limited portion of an HOA assessment lien. See hoa-super-priority.
Surplus — The money a forced sale yields above the triggering debt, costs, and senior liens; belongs down the waterfall to junior lienholders and the former owner, not the government or purchaser. See surplus-funds, tyler-v-hennepin-county.
T
Tax certificate — See tax lien certificate.
Tax deed — A deed conveying title to property sold for delinquent taxes, issued either directly at a tax-deed sale or after a lien-certificate holder forecloses/applies. Title quality usually requires quiet title to become marketable.
Tax-deed state — A jurisdiction that sells title at the tax sale (sometimes subject to a short post-sale redemption, sometimes none), as opposed to selling a lien.
Tax ferret — A historical term for a private agent hired (often on contingency) to discover omitted or under-assessed property and unpaid taxes for the government; the antecedent of modern delinquency-data and recovery work.
Tax lien certificate — The instrument sold at a tax-lien sale evidencing the buyer’s purchase of the government’s tax lien; the holder collects redemption proceeds (investment plus interest/penalty) or, if unredeemed, may obtain a tax deed. See lien-certificate state.
Tax sale list — The published roster of parcels offered at an upcoming tax sale, drawn from the delinquent tax roll; the core prospecting document for investors.
Tenancy in common — Co-ownership in which each owner holds a separate, freely transferable, inheritable fractional interest with no survivorship. The default form of heirs-property ownership. See heirs-property.
Title insurance — A policy indemnifying against losses from title defects, liens, and adverse claims existing as of the policy date; insurers often decline tax-deed title until quiet title or a seasoning period removes residual risk. See title-insurance-and-deed-seasoning.
Treasurer’s sale — A tax sale conducted by the county treasurer (or equivalent) for delinquent taxes, the tax-side analogue to a sheriff’s mortgage sale. See treasurer-sale.
Trustee’s sale — The non-judicial foreclosure auction conducted by the trustee under a deed of trust’s power of sale, the typical sale event in non-judicial states.
U
Unclaimed property — Funds (including surplus) held by the government for an owner who has not claimed them; after a dormancy period they escheat to a state unclaimed-property fund, where they often remain reclaimable.
Upset bid — A post-sale higher bid that, in upset-bid states (e.g., North Carolina), reopens the bidding for a statutory period after the auction, raising the final price (and any surplus) before confirmation.
Upset price — The minimum acceptable sale price set by the court or statute (often tied to taxes/debt and costs), below which the property is not sold.
UVTA (Uniform Voidable Transactions Act) — The model statute (the renamed Uniform Fraudulent Transfer Act) under which creditors can void transfers made to defraud them or for less than reasonably equivalent value while insolvent; a key constraint on buying redemption rights or surplus claims cheaply from distressed owners.
V
Void vs. voidable — A void deed/sale is a legal nullity from the start (e.g., no jurisdiction, no statutory notice) and conveys nothing even to a good-faith buyer; a voidable one is valid until set aside and may be cured by passage of time or protected in a BFP’s hands. The distinction governs how attackable a tax title is. See void-vs-voidable.
W
Waterfall — See claim waterfall.
Warranty deed — A deed conveying title with covenants warranting good title and defending against claims; rarely available straight from a tax sale, and a marker of cured, marketable title once quiet title is complete.
Writ of assistance / writ of possession — A court order directing an officer to remove occupants and deliver possession to a purchaser after a sale and any redemption period, the post-sale eviction mechanism.
▸ For Investors / Operators. The load-bearing distinctions here are system (lien vs. deed vs. redeemable deed), redemption status (open windows are acquisition risk), and lien survival (IRS 120-day, HOA super-priority, code and environmental liens that can outlive the sale). Use this glossary to place a deal on the map, then drive to the jurisdiction page’s Modules 2, 5b, and 7b and the junior-lien-purchase-risk, hoa-super-priority, and title-insurance-and-deed-seasoning pages before bidding. Title is not marketable until quiet-title-after-tax-sale or a seasoning period clears it.
▸ For Former Owners. If your property was sold for more than the tax or mortgage debt, the difference is surplus and, under tyler-v-hennepin-county, it is yours — not the county’s or the buyer’s. The terms that matter most are claim deadline, claim waterfall, interpleader, and escheat; missing a deadline can forfeit the money permanently. Start with surplus-funds and your jurisdiction page’s Module 3, and read third-party-recovery-rules before signing with any recovery agent — you can usually file the claim yourself for free.
Cross-links
right-of-redemption, surplus-funds, due-process-notice, quiet-title-after-tax-sale, void-vs-voidable, anti-deficiency, third-party-recovery-rules, title-insurance-and-deed-seasoning, sheriff-sale, treasurer-sale, tro-in-foreclosure, assignability-of-redemption-rights, surplus-claim-assignment, tyler-v-hennepin-county, jones-v-flowers, mennonite-v-adams, mullane-v-central-hanover, rafaeli-v-oakland-county-2020, bankruptcy-automatic-stay, federal-tax-lien-redemption, hoa-super-priority, environmental-liens, junior-lien-purchase-risk, heirs-property, land-bank-programs, scra-protections, purchaser-obligations-during-redemption, manufactured-homes
needs_verification
- This is a definitional glossary; per the wiki’s voice rules, individual entries carry no statute citations. Any term that controls a deadline, rate, or right in a specific matter must be confirmed against that jurisdiction’s page and its primary source. State-specific examples named in parentheses (e.g., bid-down step sizes, redemption lengths, one-action and anti-deficiency coverage) are illustrative and should be verified on the relevant jurisdiction page before reliance.
Legal information, not legal advice. This glossary summarizes general, cross-jurisdiction terminology; it is not a substitute for the controlling statute, regulation, or case in any jurisdiction, and law changes. Nothing here creates an attorney-client relationship. Verify every term that governs a deadline or right against the cited primary source and consult a licensed attorney in the relevant jurisdiction before acting. Last verified: 2026-06-02.