Auction Terms & Conditions MENOMINEE COUNTY
PUBLIC LAND AUCTION
OFFICE OF COUNTY TREASURER
DIANE LESPERANCE, TREASURER
839 10TH AVE
MENOMINEE, MI 49858
This sale will be held pursuant to the provisions of Section 211.78m of Public Act 123 of 1999 as amended. Bids are not accepted in any form prior to the public auction. Items listed herein are subject to change without notice.
Dates of Sales:
July 13, 2016
Bidder Registration at 4:30 p.m.
Auction Starts at 4:45 p.m.
The following sales will only be held if properties are not sold at previous sale:
September Sale - TBA
November Sale - TBA
ALL SALES TO BE HELD AT
THE MENOMINEE COUNTY COURTHOUSE
839 10TH AVENUE
*Subject to Change
THE FOLLOWING RULES AND REGULATIONS
ARE SUBJECT TO CHANGE AT ANY TIME.
RULES AND REGULATIONS
REGISTRATION - Registration will start 15 minutes before sale on each sale day. No bids will be accepted unless the bidder has registered and received a pre-numbered bid card. Driver’s license or other proof of identity will be required to register. Driver’s license or state I.D. must be presented in order to receive a bidder number. All sales will begin at the scheduled time.
PROPERTIES OFFERED - The attached list of County Treasurer owned properties being offered, identified by sale unit numbers, have been approved for sale at public auction by the County Treasurer. According to state statutes, ALL PRIOR liens, encumbrances and taxes ARE CANCELED by Circuit Court Order. These properties are subject to any state, county or local zoning or building ordinances. The County Treasurer does not guarantee the usability or access to any of these lands. IT IS THE RESPONSIBILITY OF PROSPECTIVE PURCHASERS TO DO THEIR OWN RESEARCH AS TO THE USE OF THE LAND FOR THEIR INTENDED PURPOSE AND TO MAKE A PERSONAL INSPECTION OF THE PROPERTY ON THE GROUND TO DETERMINE IF IT WILL BE SUITABLE FOR THE PURPOSES FOR WHICH IT IS BEING PURCHASED. THE COUNTY TREASURER MAKES NEITHER REPRESENTATIONS NOR CLAIMS AS TO FITNESS FOR PURPOSE, INGRESS/EGRESS, CONDITIONS, COVENANTS, OR RESTRICTIONS. OCCUPIED STRUCTURES MAY NOT BE ENTERED WITHOUT THE TENANT’S PERMISSION. SECURED VACANT STRUCTURES MAY NOT BE ENTERED.
All offered properties may be subject to flooding. Any new construction or reconstruction should be elevated above the 100-year flood plain. Also, any filling, dredging or other permanent construction below the ordinary high-water mark of the water body involved may be subject to the provisions of 1972 Public Act 346. Any earth change on the property may be subject to the provisions of 1972 Public Act 347. These properties may also be subject to the Goemaere-Anderson Wetland Protection Act, Public Act 203.
MINIMUM BID PRICE - The minimum bid prices are shown on the list. No July and September sales can be made for less than the minimum bid price indicated. There is no minimum bid price for the November sale. There will be a minimal cost for deed preparation and other costs for the November sale.
BIDDING - Any registered person may bid on the properties offered. Any person unable to attend the sale can be represented at the sale by an agent or other representative with authority to bid and otherwise represent the person. The registered bidder is legally and financially responsible for all parcels bid upon whether representing ones self or acting as an agent. Each sale will be awarded to the individual bidding the highest amount bid, equal to or greater than the minimum bid for the July and September sales. The November sales will be awarded to the individual bidding the highest amount.
An oral bid accepted at public auction is a legal and binding contract to purchase. No sealed bids will be accepted and the County Treasurer reserves the right to reject any or all bids.
TERMS OF SALE - The Purchase price consists of bid price.
FOR THE JULY AND SEPTEMBER SALES, THE PURCHASER MUST PAY TWENTY (20)% OF THE PURCHASE PRICE THE DAY OF SALE. THE REMAINDER OF THE PURCHASE PRICE MUST BE PAID WITHIN TWENTY-ONE (21) DAYS OF DAY OF SALE. THE 20% DOWN PAYMENT WILL BE FORFEITED IF BALANCE IS NOT PAID 21 DAYS FROM SALE. Cash, bank cashiers check, bank official checks, personal checks, and business checks will be accepted. Credit/Debit card payments will also be accepted but will be charged a service fee.
FOR THE NOVEMBER SALE, THE TOTAL PURCHASE PRICE MUST BE PAID THE DAY OF SALE. ONLY CASH, BANK CASHIERS CHECK OR BANK OFFICIAL CHECKS WILL BE ACCEPTED. CREDIT/DEBIT CARD PAYMENTS WILL ALSO BE ACCEPTED BUT WILL BE CHARGED A SERVICE FEE.
All monies paid and all properties bid upon will be forfeited if the purchaser fails to consummate any part of any purchase on any day of the auction. THE COUNTY TREASURER MAY PROSECUTE ANY PURCHASER WHO FAILS TO CONSUMMATE A PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE LAND AUCTIONS. Checks are to be made payable to the Menominee County Treasurer.
The County shall cancel a sale if unpaid property taxes owed on a parcel or parcels at the time of a sale are not paid within 21 days of the sale. If a sale is canceled under this subsection, the County may offer the property to the next highest bidder and convey the property to that bidder under this subsection, subject to the requirements of this subsection for the highest bidder. Before issuing a deed to a person purchasing property under this subsection or subsection (5), the foreclosing governmental unit shall require the person to execute and file with the foreclosing governmental unit an affidavit under penalty of perjury. If the person fails to execute and file the affidavit required by this subsection by the date payment for the property is required under this section, the foreclosing governmental unit shall cancel the sale. An affidavit under this section shall indicate that the person meets all of the following conditions:
(a) The person does not directly or indirectly hold more than a de minimis legal interest in any property with delinquent property taxes located in the same county as the property.
(b) The person is not directly or indirectly responsible for any unpaid civil fines for a violation of an ordinance authorized by section 4l of the home rule city act, 1909 PA 279, MCL 117.4l, in the local tax collection unit in which the property is located.
A person convicted for executing a false affidavit under subsection (5) shall be prohibited from bidding for a property or purchasing a property at any sale under this section.
NO PURCHASES WILL BE MADE ON A TIME PAYMENT PLAN.
THE COUNTY TREASURER RESERVES
THE RIGHT TO CANCEL ANY SALE, AT ANY TIME
Any announcements made by the auctioneer or County Treasurer on the day of sale take precedence over any previously published or verbally conveyed terms and conditions. Bidders must be attentive at the sale.
PURCHASE RECEIPTS - Successful bidders at the sale will be issued a receipt for their purchases upon payment. Purchasers will be entitled to deeds for the property descriptions identified by the assigned sale unit numbers noted on the receipts.
TITLE BEING CONVEYED -Quit-claim deeds will be issued conveying only such title as received by the County Treasurer through tax foreclosure. Title insurance companies may or may not issue title insurance on the properties purchased at this sale. The County Treasurer makes no representation as to the availability of title insurance and the UNAVAILABILITY OF TITLE INSURANCE IS NOT A GROUNDS FOR RECONVEYANCE TO THE COUNTY TREASURER. THE PURCHASER MAY INCUR LEGAL COSTS FOR QUIET TITLE ACTION TO SATISFY THE REQUIREMENTS OF TITLE INSURANCE COMPANIES IN ORDER TO OBTAIN TITLE INSURANCE.
SPECIAL ASSESSMENTS/CHARGES - Special assessments/charges through tax year 2015 are included in the minimum bids. All bidders should contact city or township offices to determine if there are any outstanding bonded assessments for future tax years on the properties being offered.
POSSESSION OF PROPERTY - We recommend that no purchaser takes physical possession of any property bid upon at this sale until a deed has been executed and delivered to the purchaser. No activities should be conducted on the site other than a baseline environmental assessment to the contaminated properties. HOWEVER, STEPS SHOULD BE TAKEN TO PROTECT YOUR EQUITY IN THIS PROPERTY BY SECURING VACANT STRUCTURES AGAINST ENTRY AND OBTAINING (HOMEOWNERS) INSURANCE FOR OCCUPIED PROPERTY. ADDITIONALLY, BUYERS ARE RESPONSIBLE FOR CONTACTING LOCAL UNITS OF GOVERNMENT TO PREVENT POSSIBLE DEMOLITION OF STRUCTURES SITUATED ON PARCELS.
CONDITIONS - The purchaser accepts the premises in its present “as is” condition, and releases the County Treasurer and employees and agents from all liability whatsoever arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to all claims based on environmental contamination of the premises.
A person who acquires property that is contaminated (a “facility” pursuant to Section 20201 (1) (1) of the Natural Resources and Environmental Act (NREPA), 1994, P.A. 451, as amended) as a result of release(s) of a hazardous substance(s) may become liable for all costs of cleaning up the property and any other properties impacted by the release(s). Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. Protection from such liability may be obtained by conducting a Baseline Environmental Assessment (BEA) as provided for under Section 20126(1) (c) of NREPA. However, the BEA must be conducted prior to or within 45 days of the earliest date of purchase or occupancy of the property. Persons who acquire contaminated property may have “due care” obligations under Section 20107a of NREPA even if they conduct a BEA and are not liable for the contamination.
Pursuant to Part 201 of the NREPA, the person(s) responsible for an activity causing a release at the property is obligated to pursue response activities at the property. Consequently, the non-liable purchaser may be required to provide access to the liable party to conduct response activities at the property in the future.
Section 20116 of the NREPA requires that a person who has knowledge that their property is contaminated provide a written notice to the purchaser or other person to which the property is transferred which discloses the general nature and extent of the release. Additional disclosure obligations may also apply at the time the property, or an interest in the property, is transferred. Accordingly, the County Treasurer recommends that a person who is interested in acquiring surplus County property contact an attorney or an environmental consultant for advice prior to the acquisition of any surplus County property that may be contaminated.
DEEDS - Deeds will be executed and delivered to the successful purchaser after they are recorded by the County Treasurer.
2016 TAXES - Purchaser will be responsible for all 2016 taxes. You will need to obtain a copy of the bills from the local unit treasurer. Before the foreclosing governmental unit conveys a parcel sold at a sale, the purchaser shall provide the foreclosing governmental unit with proof of payment to the local tax collecting unit in which the property is located of any property taxes owed on the parcel at the time of the sale.
LAND SALE POSTINGS - Posted land sale notices are posted based on the estimated location of the sale property. The potential purchaser should research the property’s location per the legal description.
MENOMINEE COUNTY LAND AUCTION
NO. LEGAL DESCRIPTION MINIMUM BID
1 55-009-320-027-00 $1,488.00
PROPERTY LOCATED ON CO. RD 577 IN WALLACE
SEC 16 T34N R27W LOTS 27, 28 & 29 SCHUETTE
2 55-051-004-900-00 $5,219.30
554 6TH AVE
SEC 2 T31N R27W PART OF GL#3 DESC AS BEG
AT NE COR OF 6TH AVE & 6TH ST, TH E 57.15’,
TH N 92.85’, TH W 57.15’, TH S 92.85’ TO POB
3 55-051-024-330-00 $1,381.90
CORNER LOT NEXT TO 1704 22ND AVE
ADOLPH PAALZOWS 1ST ADD LOT 1 BLK 2
4 55-051-024-340-00 $3,746.99
1704 22ND AVE
ADOLPH PAALZOWS 1ST ADD LOT 2 BLK 2
5 55-051-010-230-00 $4,217.50
600 11TH AVE
STEPHENSON & KIRBYS 1ST ADD LOT 10 BLK 28
ABOVE PROPERTIES ARE SUBJECT TO CHANGE DUE TO STATE AND LOCAL UNITS’ FIRST RIGHT TO PURCHASE. MINIMUM BID AMOUNTS MAY CHANGE DUE TO MAINTENANCE COSTS ACCRUED PRIOR TO SALE DATE.
Seller User Terms
Bidder User Terms