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Tuesday‚ August 3, 2010
10:00 A.M.
San Jacinto County
Courthouse Door‚ Coldspring, Texas
PLEASE READ BEFORE
ATTENDING THE SALE
Pursuant to Section 34.014 of the Texas Property Tax Code‚ an officer may not execute a tax sale deed in the name of or deliver to any person other than the person who was a successful bidder. Before receiving a constable’s tax deed‚ the successful purchaser must exhibit to the officer an unexpired written statement issued by the tax-assessor collector of the county in which the sale is conducted showing that:
- there are no delinquent taxes owed by the person to that county; and
- for each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality.
In San Jacinto‚ bidders will register on the morning of the tax sale prior to the 10:00 a.m. commencement time. Bidders will be required to present a photo i.d. to register and will receive a bidder number card. Successful bidders will tender winning bid amounts and any additional “subject to” tax amounts no later than 3:00 P.M. April 6th to allow time for processing after the completion of the sale‚ payable by cash‚ check or money order.
To obtain a “Statement of Delinquency” from the tax assessor–collector following the sale‚ winning bidders will submit a signed notarized application (attached to these instructions) along with a $10 processing fee payable in cash or money order. A notary will be available. The statement must be issued in the name of the requestor/bidder‚ bear the requestor’s/bidder’s name‚ include the dates of issuance and expiration‚ and be eligible for recording under Section 12.001(b)‚ Property Code. A statement expires on the 90th day after the date of issuance. Upon approval of the application‚ a constable’s deed will be executed in the name of the successful bidder (requestor) and recorded in the land records of the County Clerk. The Clerk will forward the original recorded deed to the purchaser.
If within six (6) months of the date of sale‚ the successful bidder does not exhibit to the officer who conducted the sale an unexpired statement‚ the officer shall provide a copy of the officer’s return to the county assessor–collector for each county in which the real property is located. The county assessor–collector shall file the copy with the county clerk of the county in which the assessor–collector serves. The county clerk shall record the return and shall index and cross index the return in the name of the successful bidder at the auction and each former owner of the property.
The limitations period for the former owner’s right of redemption does not begin until the date on which the purchaser’s deed is filed of record. A delay in providing the requisite statement may extend the owner’s right of redemption.
A person who knowingly violates the requirements of Section 34.015 of the Texas Property Tax Code commits an offense that is a Class B misdemeanor. A winning bidder who fails to tender the required sale amounts is liable to pay the plaintiff in execution twenty (20) per cent (%) on the value of the property bid off under TRCP 652.
Property information‚ plats and maps (where available)‚ are offered for viewing on the Tax Sale Webpage at pbfcm.com 2–3 weeks prior to the day of sale. Photos of acreage and lots‚ if available are vicinity shots only. Exact location may require a survey for identification and research of the County Clerk Deed Records. Characteristics of the property‚ including any structures‚ may no longer exist on the property on the day of the sale. (See “BUYER BEWARE” section.). Additional information may also be obtained by visiting the San Jacinto County Central Appraisal District property link at trueautomation.com. Deed information and legal descriptions will be listed in the Notice of Sale published in the July 8th‚ 15th and 22nd editions of the San Jacinto News–Times.
Terms and Conditions of Tax Auction Sales
Please Read Before You Purchase Property!
“A” in the legal description refers to the abstract or survey in the County in which the acreage is located.
ACCOUNT NUMBER is the unique number used for property identification by the taxing authority.
ACREAGE amounts in descriptions are “more or less”.
BLK is an abbreviation for “Block” in a platted subdivision in San Jacinto County.
BRIEF LEGAL DESCRIPTION is a short reference to the full legal description found in the Judgment and in the Notice of Sale published in the San Jacinto News Times July 8, 15 & 22, 2010.editions.
CAUSE NUMBER is the identification of the lawsuit in the District Clerk’s office under which property is being offered for sale.
CAVEAT EMPTOR is a Latin phrase meaning “Buyer Beware” It applies to tax sale properties because there is no warranty of title or any other guaranty for tax sale property. Buyers, investigate before purchase!
DEED FILING The Tax Deed is filed and mailed to the Purchaser. The cost of the deed filing is included in the “MOB”. The date of the deed filing begins the limitation period of redemption. (see “Redemption”)
FLOOD PLAIN Some areas, including Camilla Twin Harbors and Cedar Valley, may be subject to Flood Plain Administration, restricting its use and/or development.
ITEM All cause numbers are numbered sequentially in the order in which they will be offered at auction.
MOB The Minimum Opening Bid for all first sale properties is subject to change. No lower bid may be accepted for first sale properties. The MOB does not include post judgement taxes which must be paid by the winning bidder in addition to the amount bid.
NOTICE OF SALE is the official notice that includes a description of each property with the District Court’s Cause number and the struck date, if any. The Notice is published in the San Jacinto News Times on July 8,15 & 22, 2010.
REDEMPTION occurs when the defendant or prior owner pays the tax sale purchaser the winning bid amount, any additional taxes paid, plus 25% in first year or 50% in the second year. Redemption period is 6 months, or 2 years, if the property was designated as a homestead property or agricultural by the Appraisal District.
RESALES Tax sale property that failed to sell the first time and is being offered again with no statutory MOB. The constable determines the sufficiency of all bids and may accept none if none are sufficient.
SUBJECT TO AMT is the amount for taxes that accrued after the foreclosure judgment and is secured by a tax lien. These taxes are not part of the MOB, but must be paid in addition, or a suit to foreclose may be filed against the purchaser.
TAX DEEDS convey the interest of the defendants in the lawsuit. If owners or lien holders are left out of the lawsuit, their interest is not extinguished. Deed records should be checked to identify all owners prior to the tax sale. Purchasers are encouraged to perform their own due diligence before bidding.
TAX FORECLOSURE The lawsuit filed under a cause number results in a judgment ordering the property to be sold at public auction to satisfy unpaid delinquent taxes and court costs. Properties sold to the highest bidder carry a severe penalty if default occurs.
UNDIVIDED INTEREST is a fractional ownership interest in real property. Full ownership is shared with other undivided interest owners and risks and responsibilities attend undivided interest ownership. See “Buyer Beware” section below.
USE AND POSSESSION of the property by the purchaser can occur 20 days after the deed is recorded. A Writ of Possession may be obtained from the Court if occupants remain after the 20 day period expires.
VALUE is the value of the property as found in the judgment (usually the appraised value), which limits the opening bid and may not reflect the current market value of the property
WRIT OF POSSESSION is an Order by the Court that allows the tax sale purchaser to take possession of the property if the prior owner remains in possession more than 20 days after the tax sale deed is filed of record.
BUYER BEWARE!
The interest(s) of the named defendants in each lawsuit is being sold at auction. The property may have other owners or lien holders not named. Tax sale purchasers are responsible for determining any liabilities or claims that may exist against the property, such as property owner association liens. There are no warranties, express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. You buy the property “as is”. If you have legal questions,
consult your own legal counsel. Characteristics of the property described in our marketing material may have changed by the day of the sale. Failure to honor a winning bid may result in a civil penalty.
The information provided in this flyer does not constitute official publication and notice and is subject to change.
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