Last Updated on August 24, 2026
Estimated reading time: 5 minutes
Author: Jessa May Bautista
Reviewed by: Josh Blanchard
Fact Checked by: Jack Aldous
When you buy a property at a tax sale, you gain ownership of record, but you may not automatically get a clear title. A tax deed transfers record ownership after the sale, but the warranty deed in the chain of title is the document that helps prove the last owner could convey clear title. Josh explains in the video that attorneys handle many cases at once, much like juggling dishes at a holiday dinner. Sometimes things get “burned” because someone is missed or a document isn’t recorded. To avoid problems later, you should focus on two main tasks: check that a warranty deed exists and make sure all parties with an interest in the property are notified.
Table of contents
What Is a Warranty Deed?
A warranty deed guarantees that the seller has clear ownership of the property and that it is free of liens. Without a warranty deed, you may only have a quitclaim or tax deed, which offers no warranties.
Some counties warn buyers that the clerk’s office cannot guarantee clear title and that the buyer must search the title for liens and judgments. A warranty deed is a deed where the grantor warrants title, but it does not by itself prove a tax deed buyer has marketable title after a sale. You may need to search back through older records until you find a warranty deed. If there isn’t one, you could be buying a property with defects that will make it hard to sell later.
Key Takeaways
- Tax deed investors must ensure they obtain a warranty deed to avoid future title issues.
- Notifications to all interested parties are crucial; missing anyone can invalidate the sale.
- Certain liens, like IRS or municipal liens, can survive a tax sale, requiring thorough title research.
- A checklist for title research includes checking deed types, reviewing recorded interests, and confirming notifications.
- Failing to complete these steps may leave investors with unsellable properties and unexpected costs.
Why Notifications Matter
Notifications matter because a tax deed sale can be invalid if any recorded interest holder is missed. For example, if only one spouse was notified, the sale could be challenged.
Here is a basic checklist Josh uses when he researches a title:
- Check the deed type – Look for a warranty deed. If you only see quitclaim or tax deeds, go further back in the chain of title.
- Review recorded interests – Search county records to find mortgages, judgments or other liens.
- Confirm notifications – Verify that all parties have been notified. If a previous owner was not sued, you might buy nothing at all.
- Watch for IRS liens – Federal tax liens last up to ten years. If the IRS was notified, the lien will fall off when its life ends; if not, you may have to wait or pay it to get a clear title.
Surviving Liens and Why They Matter
Not all liens are wiped out at a tax sale. Government liens and some judgments can survive the sale. Federal tax liens often have a 120-day redemption period if they are properly noticed. In the county warning mentioned earlier, a municipal lien for weed abatement or demolition may also continue because it is tied to the property rather than the owner. Josh mentions IRS liens in the video because they behave differently: they survive unless properly noticed and have a set lifespan. It’s wise to research these in advance or pay them off after purchase if you want a clear title quickly.
What Happens if You Miss These Steps?
If you buy a property that lacks a warranty deed or where someone wasn’t notified, you could end up with nothing or with a property you can’t sell. One county explains that tax deed properties are sold “as‑is,” and the clerk’s office does not guarantee title quality. Josh emphasizes that while you can sometimes buy properties for pennies on the dollar, they won’t be bargains if you cannot resell them. The sale can be challenged later, the title may be unmarketable, and you might still be stuck paying taxes and maintenance fees on a property you never wanted.
Frequently Asked Questions
A tax deed gives you ownership of record, but it doesn’t guarantee a clear title. If liens, judgments, or interested parties were missed during the process, they can still challenge the sale later.
A warranty deed is the document you look for when you research the chain of title, so you can see whether the last owner could convey what you are buying.
Some do. Government liens, IRS liens, municipal liens, and certain judgments may survive. For instance, IRS liens last up to ten years and often include a 120-day redemption period. You may need to wait for them to expire or pay them off to clear the title.
Keep going back until you find a warranty deed in the chain of title. If you only see quitclaim or tax deeds, continue further. This ensures you know the property’s full ownership history and can spot any problems.
You can read guides like Tax Deed Title 101 – Avoid Costly Dangers (internal link), or explore our free mini-course on the ABCs of Tax Liens and Deeds. You can also book a free strategy call or join one of our live auction training trips to see title research done in real time
Need A Hand?
Need help with tax lien and tax deed investing, use the free mini course, live auction training trips, or a free strategy call. You can also watch weekly videos on YouTube and Facebook.
Our free materials are often praised for being more helpful than many paid programs. Take advantage of these resources to build confidence and avoid mistakes in your investing journey.
Related Links
