Every person owning real property that is not exempt from taxation is subject to tax on the fair market value of that property as of January 1 of each year. To provide security for the payment of the taxes, the law creates a lien. Generally, a lien for delinquent ad valorem taxes arises at the time the taxes become due and unpaid. When taxes are not paid, the Tax Commissioner is authorized to issue a writ of fieri facias, which is a directive to the appropriate office, often the sheriff, to levy upon the property, sell it and collect the unpaid taxes.

After the tax sale, the delinquent taxpayer or any other party holding an interest in or lien on the property may redeem the property by paying to the tax sale purchaser the purchase price plus any taxes paid and interest. If the property is redeemed, the tax sale is essentially rescinded. If a creditor of the original taxpayer redeems the property, the amount paid by the redeeming creditor becomes a first lien on the property, which is essentially a “super-lien” and may proceed to foreclose against the property based upon that lien. This right of redemption may be terminated by the tax sale purchaser any time after one year following the tax sale by foreclosing all rights to redeem the property. If the property is not voluntarily redeemed after one year, the purchaser may foreclose the right to redeem the property from the sale by giving notice as required. This process is commonly known as the “barment process.”