|
FREQUENTLY ASKED QUESTIONS AND ANSWERS REGARDING TAX SALES AND TAX RE-SALES
The
following material is strictly for informational purposes only and
is not intended to provide legal advice or services. Use of any
of the following information does not create an attorney-client
relationship. You should not act on the information provided without
seeking legal counsel of your choice. The law firm of Linebarger
Goggan Blair & Sampson, LLP (LGB&S) maintains a web page
at www.publicans.com. Their
web page contains a listing of commonly asked questions and answers
regarding current tax sales, which may contain the information you
are seeking. For further information, please contact your own attorney.
1.
HOW DO I REGISTER TO PURCHASE REAL PROPERTY AT COUNTY TAX SALES?
2.
WHERE DO I GET INFORMATION ON THE SHERIFF'S SALE?
3.
WHAT HAPPENS TO THE PROPERTIES THAT ARE NOT SOLD AT THE SHERIFF'S SALE?
4.
HOW DO I OBTAIN A LISTING OF PROPERTIES THAT DID NOT SELL AT THE
SHERIFF'S SALE THAT WERE STRUCK-OFF TO THE TAXING JURISDICTIONS
AND NOW HELD FOR RESALE?
5.
HOW DOES DALLAS COUNTY DISPOSE OF TAX FORECLOSE PROPERTIES?
6.
WHAT HAPPENS IF A PROPERTY IS ADVERTISED FOR RE-SALE, BUT NO BIDS
ARE RECEIVED?
7.
WHEN AND WHERE ARE DALLAS COUNTY'S
TAX RE-SALES ADVERTISED?
8.
HOW DO I GET A LISTING OF PROPERTIES THAT ARE BEING ADVERTISED FOR
SALE BY DALLAS COUNTY VIA A COMPETITIVE SEALED BID PROCEDURE?
9.
HOW DO I SUBMIT AN OFFER TO DALLAS
COUNTY IF I AM INTERESTED IN ONE OF THE PROPERTIES LISTED ON ITS
STRUCK-OFF LIST?
10.
WHAT IS THE DEPOSIT AMOUNT REQUIRED ON A COUNTY
TAX FORECLOSURE RESALE?
11.
DOES DALLAS COUNTY OFFER A FINANCING PROGRAM?
12.
WHAT TYPE OF CONVEYANCE DOCUMENT WILL DALLAS COUNTY EXECUTE TO THE
SUCCESSFUL BIDDER/PURCHASER ON A TAX RE-SALE?
13.
WHAT IF I SUBMIT A BID OR OFFER TO PURCHASE PROPERTY AT A RESALE
AND LATER CHANGE MY MIND. MAY I CANCEL THE SALE
AND RECEIVE A REFUND OF MY BID/PURCHASE DEPOSIT?
14.
WILL I BE ABLE TO GET TITLE INSURANCE ON PROPERTY I PURCHASE AT
A TAX FORECLOSURE RESALE?
15.
DOES DALLAS COUNTY MAINTAIN A MAILING LIST OF INTERESTED PURCHASER'S?
Back to top of Page
1.
HOW DO I REGISTER TO PURCHASE REAL PROPERTY AT COUNTY TAX SALES?
Purchasers
at tax sales in Dallas County must present to the sheriff or constable
conducting the sale a written statement issued to purchaser by the
county tax assessor-collector stating that the purchaser owes no
delinquent property taxes to the county and that there are no known
or reported delinquent ad valorem taxes owed by the purchaser to
any school district or municipality with territory in the county.
You
can obtain a copy of the required written statement on Linebarger,
Goggan, Blair & Sampson, LLP'S web page at www.publicans.com
. Click on Tax Sale Properties and look under ***Important Information
Regarding the Eligibility of Persons To Purchase Property at Texas
Tax Sales***
You
must complete the form, have it notarized, and present it to the
county tax assessor-collector along with payment of a statutory
fee not to exceed $10.00. Please contact the appropriate county
tax assessor-collector for the amount of the fee applicable in the
county where the sale is to be held. You are urged to submit the
request form to the county tax assessor-collector well in advance
of the tax sale at which you intend to bid.
Back to top of Page
2.
WHERE DO I GET INFORMATION ON THE SHERIFF'S SALE?
Properties
with delinquent ad valorem taxes are foreclosed and sold at auction
by the Sheriff. Dallas County and numerous other taxing entities
have contracted with Linebarger, Goggan, Blair & Sampson, LLP,
a private law firm that forecloses on delinquent tax properties
on behalf of the taxing entities. After obtaining a Judgment against
the property owner, the Sheriff is ordered to sell the property
at auction to the highest bidder at a Sheriff's Sale held the first
Tuesday of each month. The law firm of Linebarger, Goggan, Blair
& Sampson, LLP maintains on its web page at www.publicans.com
a list of properties scheduled for sale at the next Sheriff's
Sale by the 15 th of the month for the following month. LGB&S's
phone number is 214-880-0089.
Notices of the Sale are also posted on the Daily Commercial Record web page at www.dailycommercialrecord.com and on the bulletin board located on the second floor of the Frank Crowley Court Building at the corner of Commerce Street and Industrial Blvd., 133 N. Industrial Blvd., Dallas, Texas 75207.
Back to top of Page
3.
WHAT HAPPENS TO THE PROPERTIES THAT ARE NOT SOLD AT THE SHERIFF'S SALE?
In
some cases, if no bidder bids upon a property, the property will
be withdrawn from sale. In other instances, the property may be
struck-off to the taxing jurisdiction that requested the Order of
Sale. The struck-off property would then be owned jointly by all
taxing jurisdictions which participated in the tax suit, and then
later will be offered for resale as struck-off property.
Back to top of Page
4.
HOW DO I OBTAIN A LISTING OF PROPERTIES THAT DID NOT SELL AT THE
SHERIFF'S SALE THAT WERE STRUCK-OFF
TO THE TAXING JURISDICTIONS AND NOW HELD FOR RESALE?
Properties
that are not sold at the Sheriff's Sale which are Struck-Off
to Dallas County can be viewed on the Dallas County Public Works-
Property Division web page.
Properties
that are not sold at the Sheriff's Sale which are located in the
city limits of the City of Dallas are "Struck-Off"
to the City of Dallas , as trustee for the other taxing entities.
The City of Dallas Real Estate Division resells these properties
through a competitive sealed bid process. For information on City
of Dallas properties visit their web page at www.dallascityhall.com
or call 214-948-4100 and ask for the Tax Sale Division.
As
properties may be Struck-Off to the taxing jurisdiction
that requested the Order of Sale you will need to contact each City
and School District in Dallas County to obtain a complete listing
of struck-off properties.
Back to top of Page
5.
HOW DOES DALLAS COUNTY DISPOSE OF TAX FORECLOSE PROPERTIES?
All
properties struck-off to Dallas County at the Tax Sale will be offered
for sale first to the public via a sealed bid procedure, unless
it is sold for the total amount of the judgments against the property
or the market value as specified in the judgment of foreclosure.
Private sales may be considered on properties: (1) that have been
advertised for re-sale by County at least one time, or (2) the offer
received is for the total amount of the judgments against the property,
or (3) when the offer received is for the market value of the property
as specified in the judgment of foreclosure. View Dallas County's
Offer and Purchase Agreement. For
additional information see the Dallas County Tax
Foreclosure Resale Policy.
Back to top of Page
6.
WHAT HAPPENS IF A PROPERTY IS ADVERTISED FOR RE-SALE, BUT NO BIDS
ARE RECEIVED?
If
no bids are received on a property at the advertised bid opening
the Public Works Department Property Management Division will offer
the property for sale at a later date.
Back to top of Page
7.
WHEN AND WHERE ARE DALLAS COUNTY'S TAX RE-SALES ADVERTISED?
All
notices of the sale are advertised in the Classified Section of
the Dallas Morning News on two consecutive Mondays two weeks prior
to the bid opening date and will be posted to the County's website,
on the STRUCK-OFF LIST.
Back to top of Page
8.
HOW DO I GET A LISTING OF PROPERTIES THAT ARE BEING ADVERTISED FOR SALE BY DALLAS COUNTY VIA A
COMPETITIVE SEALED BID PROCEDURE?
These
properties are shown on the Dallas County Public Works, Property
Division STRUCK-OFF LISTas "AA" -
Actively Advertising.
Back to top of Page
9.
HOW DO I SUBMIT AN OFFER TO DALLAS COUNTY IF I
AM INTERESTED IN ONE OF THE PROPERTIES LISTED ON THE STRUCK-OFF
LIST?
If
a particular property is not being advertised all offers will be
classified "unsolicited". To submit an unsolicited offer to Dallas
County you will need to download and print out the "Offer
and Purchase Agreement".
Carefully
read the Agreement, and then complete the following:
- Sign the Agreement,
- Sign the No Title-Policy Statement,
- Sign the "No-Conflict" Statement,
- Have the "Affidavit" signed and notarized,
- Attach the required deposit in the form of a Cashier's Check or Money
Order, payable to the Dallas County
- Mail the completed executed documents and the required deposit to:
DIRECTOR OF PUBLIC WORKS
COUNTY OF DALLAS
411 ELM STREET , 4 TH FLOOR
DALLAS, TEXAS 75202
Back to top of Page
10.
WHAT IS THE DEPOSIT AMOUNT REQUIRED ON A COUNTY TAX FORECLOSURE RESALE?
Pursuant
to the Dallas County Tax Foreclosure Resale Policy, the Bidder/Purchaser
understands and agrees that on all bids/purchases of $ 20,000.00
or less, bidder/purchaser is required to include a deposit
in the form of a cashier's check or money order payable to the County
of Dallas in the amount of $1,000.00 or the purchase price, whichever
is less. For bid/purchase amounts greater than $20,000.00,
bidder /purchaser must include a cashier's check or money order
payable to the County of Dallas for the required 10% of the Bid/Purchase
Amount, (cash money "will not" be accepted).
Back to top of Page
11.
DOES DALLAS COUNTY OFFER A FINANCING PROGRAM?
No.
Back to top of Page
12.
WHAT TYPE OF CONVEYANCE DOCUMENT WILL DALLAS >COUNTY EXECUTE TO THE SUCCESSFUL BIDDER/PURCHASER ON A TAX RE-SALE?
The
successful bidder/purchaser on a tax foreclosure property will be
issued a Quitclaim Deed. The Quitclaim Deed will contain an acknowledgment
that the property is subject to the prior owners' right of redemption,
if any, and that the property is being purchased "AS IS",
"WHERE IS", and with "WITH ALL FAULTS", if any.
A modified Quitclaim Deed will be used to comply with the procedures
and restrictions of Civil Order No. 5281, styled United States vs.
State of Texas, Civil Order No. 5281 (E.D. Tex., August 9 and 15,
1973), or the September 10, 1990 Order, said restrictive covenants
either as a: (1) reverter, or (2) deed restriction,
when the school district's consent, required under Section 34.05(i)
of the Tax Code, is conditioned on the County, as trustee, complying
with the procedures and restrictive covenants of said Orders. See
sample Quitclaim Deed shown on Exhibit "A" in the Offer
and Purchase Agreement.
Back to top of Page
13.
WHAT IF I SUBMIT A BID OR OFFER TO PURCHASE PROPERTY AT A RESALE
AND LATER CHANGE MY MIND. MAY I CANCEL THE SALE
AND RECEIVE A REFUND OF MY BID/PURCHASE DEPOSIT?
In
the event a bidder/purchaser is unable or refuses to timely close
on the property and accept a Quitclaim Deed for any reason whatsoever
except through default of County, the Contract may be terminated
at County's sole discretion and bidder's /purchasers ENTIRE deposit
shall be forfeited to County for administrative costs attributable
to the sale. Once a Quitclaim Deed is issued, the sale is considered
as final and not subject to rescission due to the purchaser's mistake
or dissatisfaction with regards to the property.
Back to
top of Page
14.
WILL I BE ABLE TO GET TITLE INSURANCE ON PROPERTY I PURCHASE AT
A TAX FORECLOSURE RESALE?
We
cannot guarantee that title insurance will be available. Underwriting
practices vary from one company to the next with regards to tax
sale property. If the availability of title insurance is of paramount
importance to you, we urge that you explore that matter with a title
company of your choice prior to submitting a bid or offer on any
tax foreclosure resale purchase.
Back to top of
Page
15.
DOES DALLAS COUNTY MAINTAIN A
MAILING LIST OF INTERESTED PURCHASER'S?
No.
Back to top of Page
|
