County does not
sell tax liens. Hunt County holds a Tax Foreclosure/Constables Sale on the
first Tuesday of every month. These sales take place at 10AM on the second
floor of the Hunt County Courthouse at 2500 Lee Street in Greenville, Texas. Properties
are advertised in the local newspaper three weeks prior to sale. If you
purchase property at the Tax Foreclosure/Constables Sale you are required to
submit payment in full by 2:00 PM on the day of the sale by Cashier’s Check or United
States Postal Money Order.
Properties not sold at the Tax Foreclosure/Constables Sale on the
courthouse steps, are then placed in the Judgment Properties program where they
will be offered to the public on a first come basis until such time as they are
entered into the Hunt County “Resale” Program. The “Resale” is an annual sealed
bid sale. Once the redemption periods have expired properties will have their
minimum bids reduced dramatically, "For Sale" signs are placed on the
properties and bids will be accepted for a 30 day period. Opening and closing
dates for the Resale will be advertised in local papers. Bids will not be
accepted after 5:00 PM on the closing day, and all bids must be received in our
office by that time.
At the end of the bidding time, all bids are opened and all bidders are
notified of having Low or High bids. The high bidder is required to submit a
cashier's check or U.S. postal money order for 100% of their bid before Hunt
County will start processing resolutions and deeds. The process of producing a filed deed will take a minimum of 90
You can view our listings on the internet at: www.hctax.info
If you would like additional information you may contact Kaye Abbott at
(903) 408-4025 or Wayne Aimes at (903) 408-4026.
I would like to take this time and thank you for your interest in
property in Hunt
Sincerely, Barbara J. Wiggins,
Hunt County Tax Assessor-Collector
REVISED September 2010
TAX FORECLOSURE / CONSTABLE'S SALE PROCEDURE
THE FOLLOWING ARE IMPORTANT LEGAL FACTS REGARDING THE PROPERTIES OFFERED
POTENTIAL PURCHASERS SHOULD CAREFULLY READ THIS INFORMATION, AND EVALUATE THESE
FACTS IN LIGHT OF THEIR ANTICIPATED USE OF PROPERTY:
1) (TAX FORECLOSURE/CONSTABLE’S SALE)
Only Cashier's Checks or U.S Postal Money Orders will be accepted by the
Hunt County Constable’s Office, and should be made payable to " Hunt
County Constable’s Office" . These modes of payment shall be delivered to
the office of the Hunt County Constable’s no later than 2 PM on the day of the
2) (JUDGMENT & RESALE PROPERTY SALES)
Only Cashier's Checks, U.S. Postal Money Orders will be accepted as
payment by the Hunt County Tax Assessor-Collector's Office. Cashier's Checks
and U.S. Postal Money Orders should be made payable to "Hunt County Tax
Assessor-Collector". These modes of payment shall be delivered to the
office of the Tax Assessor-Collector, on the first floor of the Exchange
Building (2500 Stonewall) no later than 12 Noon on the day of the sale.
2) Property is sold "AS IS
AND WHERE IS" with no warranties. Sign placement does not guarantee
3) Title insurance is the responsibility of the purchaser. Since the
purchaser will have deed without warranty, a policy of title insurance may be difficult if not impossible to obtain.
4) Current taxes are due and payable by the purchaser, if the taxes are
not included in the minimum bid.
5) STATE PROPERTY TAX CODE
6) Purchasers will receive a deed without warranty from the taxing
jurisdictions as trustees.
7) If the property is occupied upon possession of the purchaser of the
property, the responsibility of eviction goes to the purchaser of the property.
8) Making of improvements to the property before the redemption period
has expired is discouraged because if redeemed those improvement cost may not
9) All sales are final except for the normal redemption and the statute
of limitations period. (State Property Tax Code Section 33.54-Limitation on
Actions Relating to Property Sold for Taxes)
10) Be advised that if you plan to visit the property prior to receiving
your deed to the property, you should keep a copy of your payment receipt with
you as proof of purchase. It is also important that it be understood that Hunt County and the taxing jurisdictions
accept no liability or responsibility for accident or injury that may occur on
any properties purchased.
PROPERTY TAX CODE
Sec. 34.08. Challenge to
Validity of Tax Sale.
(a) A person may not commence an action that challenges
the validity of a tax sale under this chapter unless the person:
(1) deposits into the registry of the court an
amount equal to the amount of the delinquent taxes, penalties, and interest
specified in the judgment of foreclosure obtained against the property plus all
costs of the tax sale; or
(2) files an affidavit of
inability to pay under Rule 145, Texas Rules of Civil Procedure.
(b) A person may not commence an action challenging
the validity of a tax sale after the time set forth in Section 33.54(a)(1) or
(2), as applicable to the property, against a subsequent purchaser for value
who acquired the property in reliance on the tax sale. The purchaser may
conclusively presume that the tax sale was valid and shall have full title to
the property free and clear of the right, title, and interest of any person
that arose before the tax sale, subject only to recorded restrictive covenants
and valid easements of record set forth in Section 34.01(n) and subject to
applicable rights of redemption.
(c) If a person is not barred from bringing an
action challenging the validity of a tax sale under Subsection (b) or any other
provision of this title or applicable law, the person must bring an action no
later than two years after the cause of action accrues to recover real property
claimed by another who:
(1) pays applicable taxes
on the real property before overdue; and
(2) claims the property
under a registered deed executed pursuant to Section 34.01.
(d) Subsection (c) does not apply to a claim based
on a forged deed.
Added by 1997 Tex.
Laws, p. 4301, ch. 1136, Sec. 4; and by p. 4595, ch. 1192, Sec. 3; amended by 1999 Tex. Laws, p. 5109, ch. 1481, Sec. 32.
Taxpayer sought to invalidate a tax sale where the taxing unit failed to
include the State and the Internal Revenue Service, both of which had existing
tax liens on the property. Since the taxpayer was a party to the suit, however,
the judgment was found valid. A judgment against a named party is not invalid
even though it might otherwise be void as it pertains to a different party that
was mistakenly excluded from the lawsuit. Jordan v. Bustamante, 158 S.W. 3d. 29, (Tex. App.-Houston [14 Dist.] 2005, no pet. h.).
Sec. 34.21. Right of Redemption.
(a) The owner of real property sold at a tax sale
to a purchaser other than a taxing unit that was used as the residence
homestead of the owner or that was land designated for agricultural use when
the suit or the application for the warrant was filed, or the owner of a
mineral interest sold at a tax sale to a purchaser other than a taxing unit,
may redeem the property on or before the second anniversary of the date on
which the purchaser's deed is filed for record by paying the purchaser the
amount the purchaser bid for the property, the amount of the deed recording
fee, and the amount paid by the purchaser as taxes, penalties, interest, and
costs on the property, plus a redemption premium of 25 percent of the aggregate
total if the property is redeemed during the first year of the redemption
period or 50 percent of the aggregate total if the property is redeemed during
the second year of the redemption period.
(b) If property that was used as the owner's
residence homestead or was land designated for agricultural use when the suit
or the application for the warrant was filed, or that is a mineral interest, is
bid off to a taxing unit under Section 34.01(j) or (p) and has not been resold
by the taxing unit, the owner having a right of redemption may redeem the
property on or before the second anniversary of the date on which the deed of
the taxing unit is filed for record by paying the taxing unit:
(1) the lesser of the amount of the judgment
against the property or the market value of the property as specified in that
judgment, plus the amount of the fee for filing the taxing unit's deed and the
amount spent by the taxing unit as costs on the property, if the property was
judicially foreclosed and bid off to the taxing unit under Section 34.01(j); or
(2) the lesser of the amount of taxes, penalties,
interest, and costs for which the warrant was issued or the market value of the
property as specified in the warrant, plus the amount of the fee for filing the
taxing unit's deed and the amount spent by the taxing unit as costs on the
property, if the property was seized under Subchapter E, Chapter 33, and bid
off to the taxing unit under Section 34.01(p).
(c) If real property that was used as the owner's
residence homestead or was land designated for agricultural use when the suit
or the application for the warrant was filed, or that is a mineral interest,
has been resold by the taxing unit under Section 34.05, the owner of the
property having a right of redemption may redeem the property on or before the
second anniversary of the date on which the taxing unit files for record the
deed from the sheriff or constable by paying the person who purchased the
property from the taxing unit the amount the purchaser paid for the property,
the amount of the fee for filing the purchaser's deed for record, the amount
paid by the purchaser as taxes, penalties, interest, and costs on the property,
plus a redemption premium of 25 percent of the aggregate total if the property
is redeemed in the first year of the redemption period or 50 percent of the
aggregate total if the property is redeemed in the second year of the
(d) If the amount paid by the owner of the property
under Subsection (c) is less than the amount of the judgment under which the
property was sold, the owner shall pay to the taxing unit to which the property
was bid off under Section 34.01 an amount equal to the difference between the
amount paid under Subsection (c) and the amount of the judgment. The taxing
unit shall issue a receipt for a payment received under this subsection and
shall distribute the amount received to each taxing unit that participated in
the judgment and sale in an amount proportional to the unit's share of the
total amount of the aggregate judgments of the participating taxing units. The
owner of the property shall deliver the receipt received from the taxing unit
to the person from whom the property is redeemed.
(e) The owner of real property sold at a tax sale
other than property that was used as the residence homestead of the owner or
that was land designated for agricultural use when the suit or the application
for the warrant was filed, or that is a mineral interest, may redeem the
property in the same manner and by paying the same amounts as prescribed by
Subsection (a), (b), (c), or (d), as applicable, except that:
(1) the owner's right of
redemption may be exercised not later than the 180th day following the date on
which the purchaser's or taxing unit's deed is filed for record; and
(2) the redemption
premium payable by the owner to a purchaser other than a taxing unit may not exceed
(f) If the owner of the real property makes an
affidavit that the owner has made diligent search in the county in which the
property is located for the purchaser at the tax sale or for the purchaser at
resale, and has failed to find the purchaser, that the purchaser is not a
resident of the county in which the property is located, that the owner and the
purchaser cannot agree on the amount of redemption money due, or that the
purchaser refuses to give the owner a quitclaim deed to the property, the owner
may redeem the land by paying the required amount as prescribed by this section
to the Assessor-Collector for the county in
which the property described has been redeemed. The assessor-collector
receiving the payment shall give the owner a signed receipt witnessed by two
persons. The receipt, when recorded, is notice to all persons that the property
described has been redeemed. The assessor-collector shall on demand pay the
money received by the assessor-collector to the purchaser.
(g) In this section:
(1) "Land designated for agricultural
use" means land for which an application for appraisal under Subchapter C
or D, Chapter 23, has been finally approved.
(2) "Costs" includes:
(A) the amount reasonably
spent by the purchaser for maintaining, preserving, and safekeeping the
property, including the cost of:
(ii) repairs or
improvements required by a local ordinance or building code or by a lease of
the property in effect on the date of the sale;
(iii) discharging a lien
imposed by a municipality to secure expenses incurred by the municipality in
remedying a health or safety hazard on the property;
(iv) dues or assessments
for maintenance paid to a property owners' association under a recorded
restrictive covenant to which the property is subject; and
(v) impact or standby
fees imposed under the Local Government Code or Water Code and paid to a
political subdivision; and
(B) if the purchaser is a
taxing unit to which the property is bid off under Section 34.01, personnel and
overhead costs reasonably incurred by the purchaser in connection with
maintaining, preserving, safekeeping, managing, and reselling the property.
(3) "Purchaser" includes a taxing unit
to which property is bid off under Section 34.01.
(4) "Residence homestead" has the
meaning assigned by Section 11.13.
(h) The right of redemption does not grant or
reserve in the former owner of the real property the right to the use or
possession of the property, or to receive rents, income, or other benefits from
the property while the right of redemption exists.
(i) The owner of property
who is entitled to redeem the property under this section may request that the
purchaser of the property, or the taxing unit to which the property was bid
off, provide that owner a written itemization of all amounts spent by the
purchaser or taxing unit in costs on the property. The owner must make the
request in writing and send the request to the purchaser at the address shown
for the purchaser in the purchaser's deed for the property, or to the business
address of the Collector for the taxing unit, as applicable. The purchaser or
the collector shall itemize all amounts spent on the property in costs and
deliver the itemization in writing to the owner not later than the 10th day
after the date the written request is received. Delivery of the itemization to
the owner may be made by depositing the document in the United States mail,
postage prepaid, addressed to the owner at the address provided in the owner's
written request. Only those amounts included in the itemization provided to the
owner may be allowed as costs for purposes of redemption.
(j) A quitclaim deed to an owner redeeming property
under this section is not notice of an unrecorded instrument. The grantee of a
quitclaim deed and a successor or assign of the grantee may be a bona fide
purchaser in good faith for value under recording laws.
(k) The inclusion of dues and assessments for
maintenance paid to a property owners' association within the definition of
"costs" under Subsection (g) may not be construed as:
(1) a waiver of any
immunity to which a taxing unit may be entitled from a suit or from liability
for those dues or assessments; or
(2) authority for a taxing unit to make an
expenditure of public funds in violation of Section 50, 51, or 52(a), Article
III, or Section 3, Article XI, Texas Constitution.
Acts 1979, 66th
Leg., p. 2300, ch. 841, § 1, eff. Jan. 1, 1979.
Amended by Acts 1989, 71st Leg., ch. 796, § 33, eff.
June 15, 1989; Acts 1991, 72nd Leg., ch. 419, § 1,
eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 349, §
1, eff. May 29, 1993; Acts 1997, 75th Leg., ch. 906,
§ 11, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch.
914, § 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1111, §§ 6, 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
1481, § 33, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
231, § 1, eff. May 22, 2001; Acts 2001, 77th Leg., ch.
1430, § 31, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
319, § 12, eff. June 18, 2003; Acts 2003, 78th Leg., ch.
510, § 1, eff. Jan. 1, 2004.
Redemption authorized by constitution, see art. VIII, Sec. 13, Tex. Const.
Agricultural use defined, See Sec. 23.51.
Residence homestead defined, see Sec. 11.13.
Sale of property, see Sec. 34.01.
The September 13, 2003 amendments to Sections 13(c) and (d), Article VIII, of
the Texas Constitution, take effect January 1, 2004, and apply only to the
redemption of a mineral interest sold at a tax sale for which the purchaser's
deed is filed for record on or after January 1, 2004. The redemption of a
mineral interest sold at a tax sale for which the purchaser's deed is filed for
record before January 1, 2004, is covered by the law in effect when the deed is
filed, and the former law is continued in effect for that purpose.
A taxing unit must
deposit all the excess proceeds from the sale of a tax foreclosed property into
the registry to the court for proper disbursement to the property owner. This
is true even if the property was first offered for sale two years (the redemption
time period) before the actual sale of the foreclosed land. Syntax,
Inc. v. Hall, 899 S.W.2d 189 (Tex. 1995).
exercised their right of redemption after tax sale restored their prior title
as the owners of the property. Assoc. Home Equity Serv. Co., Inc. v. Hunt, 151
S.W.3d 559, (Tex. App.-Beaumont 2004, no pet.).
Taxing units were
not entitled to rescission of a deed acquired in full compliance with the Tax
Code. Taxing authorities took a judgment on two tracts of land that were ultimately
"struck off" to the entities. The owner redeemed the property. Then,
it was discovered that an improvement was located on the land, and the taxing
units attempted to rescind the redemption deed by claiming mistake. Whitehead
v. Jasper County Water Control & Improvement District No. 1, 118 S.W.3d 485
(Tex. App.-Beaumont, 2003, pet. denied).
A property owner had
two years to redeem foreclosed property if property was the owner's homestead.
The owner could meet the homestead requirements under Section 11.13 by
occupying the property as a principal residence or having the property owned
through a beneficial interest in a qualifying trust by a trustor
who qualified for the exemption. The legislative intent is to allow an owner
who occupies a homestead an additional period of time to redeem that homestead.
The mere failure to actually file an exemption application would deprive the
owner of the right to redeem his homestead. Nichols v.
Lincoln Trust Company, 8 S.W.3d 346 (Tex. App. - Amarillo 1999, no pet.).
authorization from all co-owners, when some co-owners are unknown, would make
it impossible to redeem the entire property. Term "owner" in Property
Tax Code Section 34.21 includes any person with an ownership interest in the
property. The owner of an unknown undivided interest in the property could
redeem the entire property. Rogers v. Yarborough, 923 S.W.2d
667 (Tex. App.-Tyler 1996).
taxpayer's failure to correctly tender a full redemption payment or to even
tender such a sum in good faith under the redemption statue bars any court
ordered recovery of the foreclosed land. Therefore, the purchaser of the land
at the redemption sale is entitled to actual possession of the land during the
redemption period. Burkholder v. Klein Independent School
District, 897 S.W.2d 417 (Tex. App.-Corpus Christi 1995, no writ).
The purchaser of
property subject to redemption by the former owner is entitled to possession of
the property during the redemption period under Sec. 34.21. Goggins v. Leo, 849 S.W.2d 373
(Tex. App.-Houston [14th Dist.] 1993, no writ).
A lien holder is
entitled to be joined in a suit to foreclose property. Where the lien holder
was not made a party to the suit, the trial court could properly award the
redemption amount to the lien holder. Murphee
Property Holdings v. Sunbelt Savings Association of Texas, 817 S.W.2d 850 (Tex.
App.-Houston[1st Dist] 1991).
provide for a right of redemption must be liberally construed. Buckholts v. Alsup, 56 S.W.2d 301 (Tex. Civ. App.-Texarkana 1932, writ ref'd); Macha v. Carameros, 674 S.W.2d 491 (Tex. App.-El Paso 1984, no
taxpayer whose property was sold to satisfy a judgment lien for nonpayment of
taxes under the Texas Limited Sales, Excise and Use Act (prior to the adoption
of the Property Tax Code) has no right to redeem the property in the absence of
a statute or constitutional privilege. Wells v. Fenley,
668 S.W.2d 924 (Tex. App.-Amarillo 1984, writ dism'd w.o.j.).
The two-year period that
begins with the filing of sheriff's deed provides reasonable time within which
to pay delinquent taxes. Fender v. Moss, 629 S.W.2d 192 (Tex.
App.-San Antonio 1982, writ ref'd n.r.e.).
Sec. 34.22. Evidence of Title to Redeem
(a) A person asserting ownership of real property
sold for taxes is entitled to redeem the property if he had title to the
property or he was in possession of the property in person or by tenant either
at the time suit to foreclose the tax lien on the property was instituted or at
the time the property was sold. A defect in the chain of title to the property
does not defeat an offer to redeem.
(b) A person who establishes title to real property
that is superior to the title of one who has previously redeemed the property
is entitled to redeem the property during the redemption period by paying the
amounts provided by law to the person who previously redeemed the property.
RESALE BID PROCEDURES
1. Bids will not be accepted from person(s) or businesses owing
2. Sealed bids for resale properties may be mailed to Hunt County Tax
Office, P.O. Box 1042, Greenville, TX 75403-1042; or sealed bids may be
delivered to the Hunt County Tax Office, first floor of the Exchange Building
(2500 Stonewall). Bids must be received in our office by the deadline date and
3. Bid forms and information regarding these properties may be obtained
and viewed at the Hunt County Tax Office.
4. Each sealed bid submitted must have the property account number (the
Property ID number) written on the face of the sealed envelope alone with the
date of bid submission. It is required that a separate envelope be used for
each bid. THE AMOUNT OF THE BID MUST
NOT APPEAR ON THE FACE OF THE SEALED ENVELOPE.
5. The bidder who submits the highest bid before the bid period ends will
be notified by mail. Then, within ten (10) regular business days, the bidder
must present to the Tax Assessor-Collector 100% of the full bid amount..
6. Only a Cashier's Check, U.S. postal Money Order
will be accepted. (NO PERSONAL CHECKS, NO CASH!)
7. FAILURE TO FOLLOW THE ABOVE PROCEDURES WILL VOID BID(S).
8. The involved taxing jurisdictions for each property reserve the right
to reject any and all bids, and to waive all formalities and technicalities.
9. ALL BIDS ARE FINAL. (AS IS / WHERE IS). NO REFUNDS WILL BE MADE. Sign placement does not guarantee
property location. It is the responsibility of the purchaser to
research and view the property prior to sale/bidding.
10. Upon refusal by jurisdictions to accept the
bid, the full bid amount will be refunded to the bidder.
11. Bidders who fail to pay 100% on the property that they have bid on
will no longer be allowed to bid resale properties.
12. PURCHASER FAILING TO COMPLY: SEE RULE 652
13. Title insurance is the responsibility of the purchaser. Since the
purchaser will have deed without warranty, a policy of title insurance may be
difficult if not impossible to obtain.
14. Purchasers may be financially responsible for installation of
infrastructures on properties purchased within the city limits if those
amenities do not previously exist. You should inquire with the city authorities
regarding infrastructures prior to bidding.
RULES OF CIVIL PROCEDURE
PART IV. RULES RELATING TO ANCILLARY PROCEEDINGS
SECTION 3. EXECUTIONS
RULE 652. PURCHASER FAILING TO COMPLY
If any person shall bid off property at any sale made by virtue of an
execution, and shall fail to comply with the terms of the sale, he shall be
liable to pay the plaintiff in execution twenty per cent on the value of the
property thus bid off, besides cost, to be recovered on motion, five days
notice of such motion being given to such purchaser; and should the property on
a second sale bring less than on the former, he shall be liable to pay to the
defendant in execution all loss which he sustains thereby, to be recovered on
motion as above provided.
Notes and Comments Source: Art. 3821, unchanged.