If you’ve been watching the public notices in The Texas Spur (and we hope you have), you’ve seen the large notice of taxdelinquent properties coming up on a Sheriff’s Sale Tuesday, Mar. 4, at 2 p.m.
Since the notice language may seem a bit intimidating, we spoke with the county clerk, the appraisal district director, and the tax attorney to help provide a bit of explanation.
Who knows—you might be the one to make the winning bid for a downtown property, a residence, or an unimproved lot, and help make the next improvements to our community.
When the owner of a tract of real estate—whether a business, a home, an empty lot, or even a royalty interest—becomes seriously delinquent on property taxes, the county may have no choice but to pursue action that will get that property back in compliance and contributing to financing civic services such as local government, schools and hospitals. After numerous attempts to collect, the most common course of action is to auction the property to attract a new owner.
Following publication of proper notice in the newspaper, the tax attorney will come to the county seat to conduct an auction sale. (This is the event you often read about “on the courthouse steps,” but in Dickens County the sale is held in the front lobby of the Courthouse Annex.)
Format of auction. According to Adam Walker, tax attorney with Perdue, Brandon, Fielder, Collins & Mott of Lubbock, the outcry auction begins at the stated hour, generally (but not always) in order of the causes listed in the notice. It doesn’t always take very long, so prospective bidders should arrive early and get their names Bidders must also comply with provisions of the Texas Tax Code, section 34.015, which includes (among other stipulations), that they must provide valid proof of identification; written proof of authority to bid on behalf of another person, if applicable; any additional information reasonably required by the county assessor-collector; and to owe no delinquent ad valorem taxes.
For each separate tract to be auctioned, the attorney will name a minimum bid that will be the lesser of (a) the tract’s appraised value on the tax rolls; or (b) the total back taxes, court costs, penalties, interest, and fees associated with the sale. The dollar amount for (a) can be researched on the appraisal district website or obtained from the appraisal district office; the amount for (b) can’t be determined precisely until sale time, but the amount of back taxes owing can be obtained from the tax assessor-collector’s office, according to Dickens County Clerk Danay Carnes. A quick phone call should do the trick.
Payment for successful bids. The method of payment must be in cash or certified funds, in the exact amount. (For those bidding on the upcoming sale, which starts at 2 p.m., note that you might have to dash out and get a certified check before the bank closes at 3!)
Specifics of property. It is the responsibility of the bidder to verify the location of the property prior to the sale. Maps and plats may be on file in the County Clerk’s Office or the appraisal district; the address shown is the address on the tax records and may not be completely accurate. Properties are sold by legal description and not by physical address. It’s wise to drive by and inspect the tract from the road beforehand,
too.
Right of redemption.
One last caveat. Properties are sold under the right of redemption (Texas Property Tax Code, Sec. 34.21). The right of redemption allows the previous owner to reclaim the property and restricts what the purchaser is allowed to do with the property for specified time periods.
For properties zoned residential, Walker said, the redemption period is two years. For commercialzoned properties, the period is 180 days, but there can be other complicating factors, as zoning is sometimes mixed or tricky to discern.
Unauctioned properties.
Last, what happens if a parcel doesn’t sell? Properties that do not sell at the Sherriff's Sale are “struck off” to the entities involved. In Dickens County, after a property is struck off the tax rolls, the county may place it for online auction with Lubbock-based Texas Communities Group (https:// texascg.com/properties), which has had some success in finding new owners for local properties.
If you’re thinking about becoming one of those new owners, contact information for Dickens County offices may be found at https://www.co.dickens. tx.us/page/dickens.Home#
