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Online Auction Services Dallas County ☐ Resolution ☐ Solicitation/Contract BRIEFING / COURT ORDER ☐ Executive Session Commissioners Court - Dec 15 2020 ☐ Addendum Online Auction Services Briefing Date: Dec 15 2020 Funding Source: Originating Department: Sheriff Prepared by: Anthony Rounds, Sheriff's Department Recommended by: Marian Brown, Sheriff BACKGROUND INFORMATION: The Texas Property Tax Code, Section 34.01 (a-1) and 34.05 (d) allow the Commissioners Court of a County to authorize the online auction of tax foreclosure sales and tax resales and to adopt rules governing those online auctions and, such rules taking effect on the 90th day after the date the rules are published in the real property records of the County. It is in the public health interest of Dallas County and in the interest of the officer(s) conducting the sale to allow for the online auction of tax foreclosure sales, to allow for the online auction of tax resale properties and to adopt rules governing such online auctions to efficiently sell properties to individuals and/or entities who will pay the taxes, penalties, interests and costs associated with the subject property so that such monies will be paid and distributed to the taxing units and persons/entities legally entitled to such proceeds. OPERATIONAL IMPACT: Dallas County will conduct online property sales in the following manner: RULES GOVERNING ONLINE AUCTIONS FOR TAX FORECLOSURE SALES AND TAX RESALES In accordance with Section 34.01 (a-1) and 34.05 (d) of the Texas Property Tax Code (TPTC), the following rules are adopted by the Commissioners Court of Dallas County, Texas for the implementation of tax foreclosure sales and tax resales using online auctions for bidding and sale. All online tax sales and resales shall comply with these rules and the rules and procedures outlined under Chapter 34 of the TPTC; Tax foreclosure and tax resale property may be sold at public auction using online bidding through an online auction service provider (OASP). Such properties may be sold as provided for by the officer charged with conducting the sale and by the OASP in accordance with Chapter 34 of the TPTC; The OASP is hereby authorized to administer the online sale on behalf of the officer charged with conducting the sale; In accordance with Section 34.01(r-2) of the TPTC, a sale of real property conducted by means of a public auction using online bidding and sale under Subsection (a-1) may begin at any time and must conclude by 4:00 p.m. (Central Time) on the first Tuesday of the month or, if the first Tuesday of the month occurs on January 1 or July 4, at 4 p.m. on the first Wednesday of the month. The officer conducting the sale and the OASP shall have the authority to set the start and ending time of each sale item to facilitate an orderly auction; The OASP is hereby authorized to establish processes and guidelines in conjunction with the officer charged with conducting the sale concerning all matters related to the tax foreclosure/resale, including but not limited to, the receipt and distribution of monies received from the sale process; To be eligible to bid at a tax foreclosure sale or resale a person/entity must complete and submit to the Dallas County Tax Assessor/Collector or the officer conducting the sale, a “Bidders Certificate”, verifying that the bidder does not owe any delinquent ad valorem property taxes in Dallas County, Texas. Said statement shall be submitted at least two business days before the date of the sale. A fee for processing the Statement may apply and shall be paid at the time of submission to the appropriate officer/person who is authorized to receive same; To be eligible to bid at an online sale or resale, person/entity/prospective bidder must register as a bidder on the online bidding platform where the bidding and sale will take place and otherwise comply with the rules and guidelines established by the officer charged with conducting the sale and OASP; Prior to placing a bid in an online auction, a deposit shall be made to the OASP in the form of counter deposit via cash, certified funds, wire transfer or ACH debit transfer in an amount equal to 5% of the total bid amount for all properties for which the bidder intends to bid for that auction. A bidder will not be able to participate in an auction until funds have been verified and added to the bidder’s available balance. The remaining balance of the winning bid must be received within 24 hours of the close of the online auction. Unused deposits can be refunded to the bidder or can remain in the bidder’s escrow account for future auctions at the discretion of the bidder; Failure to pay the balance of the winning bid or complete the purchase within 24 hours of the close of the online auction will result in a forfeited bid. If the bidder fails to complete the purchase by the deadline, the deposit will be applied pursuant to Section 34.02 of the TPTC or as otherwise permitted by law; Online bidders may place bids of any amount higher than the minimum opening bid or the current high bid in increments of $100.00 or as indicated by the OASP for each property in the online bidding platform; The minimum bid of a property to be sold under these rules shall include an additional online auction fee of $300.00 for costs and fees associated with the online auction, such amount to be assessed as an expense of foreclosure sale to be paid by the winning bidder. In addition to tax foreclosed properties that include this online fee that is assessed as an expense of foreclosure, this online fee will apply to tax foreclosed properties that have previously been struck off and that may be offered for resale by the OASP. The fee referenced herein shall be paid to the party providing the service as part of the distribution of monies received from the sale/resale proceeds, in the manner provided by law; Each successful bidder must provide payment in full for the amount of the successful bid price in accordance with the processes and guidelines adopted and approved by the OASP and the officer conducting the sale, using over the counter, wire transfer, ACH payment or other approved means within 24 hours of the close of the online sale. Any property that is not paid in full by the successful bidder in the time allowed by these rules may be auctioned again at a later date. All purchasers will receive a Sheriff’s Deed or Tax Resale Deed that is without warranty, express or implied. All properties sold in a tax foreclosure sale or resale are sold “AS IS, WHERE IS WITHOUT WARRANTY” to the highest bidder on a ‘BUYER BEWARE’ basis. There are no representations made about the condition of the property, the merchantability of title, or the existence of any claims against or interests in, the subject property. All property purchased at an online sale may be subject to a statutory right of redemption as set out in the TPTC. The officer conducting the sale may remove properties from the online auction at any time and shall provide notice of same to the OASP. All completed sales are final. FINANCIAL IMPACT: Implementation to an Online Auction Sale will ensure revenue stream for delinquent properties as applicable. LEGAL IMPACT: The Online Auction Sale Provider is being offered to as a “Value Added Service” via the delinquent tax collection contract with the Linebarger law firm at no cost to Dallas County pursuant to the attached letter of understanding. PROJECT SCHEDULE: Pursuant to the Texas Property Tax Code, online auctions shall commence on or about 90 days from the date of this notice and approval and after all procedures have been documented by all applicable county departments involved in the sales. SBE PARTICIPATION: None RECOMMENDATION: Approve the officer charged with selling said property under the applicable provisions of the TPTC and in particular, Section 34.01(a-1) and 34.05 (d) to allow for the online auction for tax foreclosure sales and resales. MOTION: On a motion made by TBD, and seconded by TBD, the following order will be voted on by the Commissioners Court of Dallas County, State of Texas: Be it resolved and ordered that the Dallas County Commissioners Court does hereby Authorize the officer charged with selling said property under the applicable provisions of the TPTC and in particular, Section 34.01(a-1) and 34.05 (d) to allow for the online auction for tax foreclosure sales and resales. ATTACHMENTS: Court Order Online Auction Letter of Understanding Dallas County November 30 2020 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 2777 N. STEMMONS FREEWAY, SUITE 1000 DALLAS, TX 75207 PHONE: (214) 880-0089 TOLL FREE: (800) 441-0960 FAX (214) 754-7167 November 30, 2020 Mr. Darryl Martin County Administrator Dallas County 411 Elm Street 2nd Floor Dallas, Texas 75202 Mr. John R. Ames, PCC, CTA Tax Assessor/Collector Dallas County Tax Office 1201 Elm Street Suite 2600 Dallas, Texas 75270 Re: Linebarger and Online Tax Foreclosure Sheriff Sale—Value Added Service Dear Messrs. Martin and Ames: This letter will serve as a Letter of Understanding between Linebarger Goggan Blair & Sampson, LLP (“Linebarger”) and Dallas County (“Dallas County”) relating to Linebarger providing additional value-added services to Dallas County pursuant to its current contract for tax collection services. These value-added services are offered to Dallas County at no cost and relate to the retention and use of the services of an online auction service provider (“OASP”) to conduct web-accessible online tax foreclosure sales and resales.
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