315.939.0770

Auction Terms and Procedures

AUCTION TERMS AND PROCEDURES

 

1.   Registration: Individuals interested in bidding must register and be assigned a bidder’s number, which you will use when bidding on property.  Registration will take place the day of the Auction.  A record of all successful bids will be maintained, with each successful bidder’s number assigned to the property bid accordingly.

2.  Eligible Bidders:  All persons, including, but not limited to, corporations, partnerships, limited liability companies and limited liability partnerships are entitled to bid at such sale on said parcels of property

EXCEPT:  

  1. officers and employees of the County of Herkimer, including any legal entity in which the officer or employee of the County of Herkimer has an interest;
  2. persons who have defaulted on any bid to purchase property from the County of Herkimer within the last five (5) years;
  3. persons who have defaulted in payment of real property taxes on a parcel of property within Herkimer County which resulted in a judgment granting title to such parcel of property to the County of Herkimer within the last five (5) years or the spouse of such person; 
  4. persons who have defaulted in payment of real property taxes on a parcel of property within Herkimer County which resulted in a judgment granting title to such parcel of property to the County of Herkimer within the last five (5) years or the spouse of such person; 
  5. persons or family members of persons who are owners of an unredeemed parcel included in the 2015  Tax Foreclosure;
  6. the person or a family member of the person whose name appears on the Assessment Roll as the owner of each said parcel at the time of nonpayment of taxes which resulted in acquisition of such parcel by the County;
  7. town officers, including town board members and assessors, with respect to property located within the town they serve;  
  8. legal entities, including but not limited to, corporations, partnerships, limited liability companies, and limited liability partnerships, in which any of the foregoing persons or legal entities has an interest.

3.   Purchase Agreement: A successful bidder will be required to sign a purchase agreement when a deposit is made.  Also, at this time, the successful bidder will be required to list the Name, Address and Social Security Number of the individual(s) or legal entity purchasing the property.  All purchase agreements will include a certification that the purchaser is not prohibited from bidding by reason of the exclusions set forth in Paragraph 2 above.

4.   Prospective Bidders: All prospective bidders are invited to inspect the premises they are interested in prior to the Auction.  Inspections are only done on improved properties that are unoccupied.  Information regarding property inspections will be available in the auction brochure or by contacting Michael Knapp at (315) 939-0770 or auctionsbyknapp@gmail.com

5.   Conditions of Sale:  Each of the parcels is sold “as is”.  If a parcel is occupied, it is the responsibility of the purchaser to terminate the occupancy.  The County has not entered into any lease agreement, nor has it consented to any occupancy, nor has it received any rent from any occupant of any parcel.  Purchaser will obtain ownership of the property when the deed is recorded in the County Clerk’s Office and shall not take possession until such time.  The County of Herkimer and its officials and agents make no representation as to the condition of any parcel of said property or of the improvements on any improved parcel.  Lot sizes, including frontage, depth and acreage, are for assessment purposes only.  The County makes no representations regarding the actual dimensions or acreage of the parcels.

For parcels improved by a mobile home or manufactured home, the County of Herkimer is conveying ONLY the interest of the County in the real property and makes no representations or warranties with regard to title to such mobile home or manufactured home.

The County will not be responsible for any defects or conditions whatsoever in or on the property or in any improvements, or any equipment, mechanical or otherwise, included therein.

All deeds will be subject to the following condition, and covenant: This conveyance is made pursuant to a resolution of the Herkimer County Legislature and this conveyance is made subject to the condition and covenant that the County of Herkimer shall in no event be or become liable for any defects in title conveyed hereby, for any cause whatsoever, and that no claim, demand or suit of any nature shall ever be made by the party of the second part hereto, or by said party’s heirs, successors and assigns against said County of Herkimer arising from such sale or this conveyance.

All properties subject to Federal Tax Liens are sold subject to the right of redemption of the United States of America.

6.  Administration Fee: An administration fee will be added to each successful bid.  The administration fee will be $200.00 for each successful bid.

7.  Buyer’s Premium: In addition to the administration fee, a buyer’s premium of 10% of the amount of the successful bid will be added to the purchase price of each successful bid.

8.   Required Bid Deposit: A $50.00 or 10% deposit (cash or check) whichever is greater, is required at the time of the Auction on each property for which you are the successful bidder.  Successful bids of $50.00 or less must be paid in full.  Deed recording fees are also required to be paid at this time for bids of $50.00 or less.  If you are the successful bidder of more than one parcel, a single check will be accepted to cover all deposit requirements.  Make checks payable to Kimberlee A. Enea, Herkimer County Treasurer.

9.   Full Payment of Bids:  The balance of the purchase price on any property, together with Cover Sheet ($5.00), Deed Recording Fees ($45.00/deed), Transfer Gains Affidavit Filing Fee ($5.00), and Real Property Transfer Report Fee ($125.00 for residential or farm property and $250.00 for all other property) must be made to the Herkimer County Treasurer, WITH CASH, MONEY ORDER OR CERTIFIED CHECK, no later than 4:00 pm, June 23, 2017.

10.   Deed Recordings: All deeds are Quit Claim Deeds, conveying the interest that the County of Herkimer has in the property to the successful bidder.  The County Property Agent will record all deeds as soon as possible, once final approval has been received by the County Legislature.  You will receive your deed(s) by mail, through the County Clerk’s Office.  Any changes in the deed will be the responsibility of the purchaser after the deed is recorded.

11.   Tax Information: Total annual taxes are listed under each parcel.  Delinquent taxes were absorbed and paid by the County.  Purchasers will be responsible for current 2017-2018 City, Village, School and future taxes.

12.   Default by Purchaser: Default by the Purchaser or failure to meet the terms and procedures of this Auction will result in forfeiture of the required deposit.

13.   Confirmation and Approval of Sales: All sales are subject to confirmation by the County Properties Committee and final approval of the Herkimer County Legislature.

14.  THE COUNTY OF HERKIMER RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.


 

*****Auction information also available on the web:
     www.herkimercounty.org