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RESALES

 

What happens to properties that are not sold at the Tax Lien Auction? Where do they go and how can I find out about them?

In some cases, if no bidder bids upon a property, the property will be withdrawn from sale.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. There is a list provided of these struck off properties at the Bexar County Courthouse in San Antonio. Information can also be obtained there regarding who to contact and when the auction will be held. In some instances this information can also be obtained from the Bexar County Sheriff's Office.

The Commissioner's Resale Auction for properties that received "no bid" at the Sheriff's Sale will be offered again to the public every 6 months. The original minimum bid of these properties will be reduced by Bexar County and the additional post-judgement taxes will be eliminated. Usually, there is no mortgage existing on these properties and unlike the Sheriff's Sale, the code compliance violations are included in the minimum bid. If a property required demolition, these costs are also included in the minimum bid. The successful bidder will receive these properties "As Is" and will be responsible for all subsequent taxes and code compliance violations. These auctions are held in May and November of each year.

It is recommended that all bidders for the Sheriff 's Auction contact Code Compliance at 210-207-8690 prior to the sale to identify any code compliance violations that may exist on potential properties before bidding on any property. Also, the winning bidder may be responsible for subsequent post-judgement taxes, mortgage and other liens that are in force at the time of the auction.

Property Code Highlights (Section 34.01)

(j) If a bid sufficient to pay the lesser of the amount calculated under Subsection (b) or the adjudged value is not received, the taxing unit that requested the order of sale may terminate the sale. If the taxing unit does not terminate the sale, the officer making the sale shall bid the property off to the taxing unit that requested the order of sale, unless otherwise agreed by each other taxing unit that is a party to the judgment, for the aggregate amount of the judgment against the property or for the market value of the property as specified in the judgment, whichever is less. The duty of the officer conducting the sale to bid off the property to a taxing unit under this subsection is self-executing. The actual attendance of a representative of the taxing unit at the sale is not a prerequisite to that duty. (k) The taxing unit to which the property is bid off takes title to the property for the use and benefit of itself and all other taxing units that established tax liens in the suit. The taxing unit's title includes all the interest owned by the defendant, including the defendant's right to the use and possession of the property, subject only to the defendant's right of redemption. Payments in satisfaction of the judgment and any costs or expenses of the sale may not be required of the purchasing taxing unit until the property is redeemed or resold by the purchasing taxing unit. (l) Notwithstanding that property is bid off to a taxing unit under this section, a taxing unit that established a tax lien in the suit may continue to enforce collection of any amount for which a former owner of the property is liable to the taxing unit, including any post-judgment taxes, penalties, and interest, in any other manner provided by law.

 

 

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