Tax Foreclosed Properties. Economic Development Committee October 15, 2012
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2 Tax Foreclosed Properties Economic Development Committee October 15, 2012
3 Purpose Discuss current procedures for disposing of tax foreclosed properties Present possible additional procedures for consideration Discuss a specific, proposed transaction 2
4 Current Procedure Law firm files lawsuit for delinquent taxes and other unpaid taxing authority liens against the property on behalf of Dallas County, DISD, DCCCD, PHD and DCSEF Judgment and Order of Sale Law firm produces a list of properties to be sold at the Sheriff s sale - 1 st Tuesday of each month 3
5 Current Procedure Staff reviews the list for undesirable properties in the event the properties are not sold at Sheriff s sale Properties generally considered undesirable by the City are: Occupied multi-family structures Obvious legal description problems which would prevent a legal conveyance Probability of environmental issues 4
6 Current Procedure Sheriff s Sale takes place at Frank Crowley Courthouse via public auction Sold to highest bidder on courthouse steps Cash sale certified funds Properties sold to highest bidder and conveyed by Sheriff s Deed 5
7 Current Procedure Properties that are not sold at the Sheriff s sale are struck off to the City as Trustee on behalf of itself and the other taxing entities, for disposition Real Estate Services routes all properties to: Housing Department to determine if any are suitable for land bank. DART to determine if any are located near transit oriented districts City, County and DISD to determine their needs 6
8 Current Procedure Real Estate Services notifies: Code Compliance, to add properties to the Mow/Clean schedule for routine maintenance; and Prior owner, stating that the City has possession of the property and that the property is being offered for sale 7
9 Current Procedure Schedule resale of properties by sealed bid procedure (Section Texas Local Government Code) Place an advertisement in the newspaper on two separate days Mail notice of proposed sale to all adjacent property owners within the same block and to any interested party 8
10 Current Procedure Post bid packets on the City of Dallas website and made available in Real Estate office Have bid packets translated into Spanish; and Make tax foreclosure files available for review by the general public 9
11 Current Procedure Property due diligence Property is sold as is, where is and with all faults Legal description is verified by Real Estate and CAO for accuracy and adequacy Minimum bid established by: Reviewing DCAD market values; and Struck off amounts set out in the Sheriff s deed Minimum bid amounts for properties receiving no bids from a previous sale are reduced up to 50% 10
12 Current Procedure Bids opened in public Due diligence performed on high bidders No back taxes or City liens owed on any properties owned within City No chronic Code Violators Previous owner or someone acting on behalf of previous owner not qualified to bid Sold subject to statutory redemption periods 2 years residential homestead property 180 days other 11
13 Current Procedure Qualified bids submitted to City Council for authorization County and DISD approvals obtained Buyers responsible for paying postjudgment taxes Taxes, penalties and interest after Judgment years through date of Sheriff s deed to City 12
14 Current Procedure Quitclaim deeds prepared and all outstanding monies are collected and distributed accordingly: Real Estate Services pre-determined formula Code Compliance pre-determined formula Court Costs Taxes (per judgment) Special Collections - Liens (per judgment) Post Judgment Taxes 13
15 Alternative to Current Sealed Bid Procedure City has been asked to consider an alternative 1502 Pennsylvania Vacant, former convenience store with gas pump struck off to City in February 2012 Request from non-profit to acquire property through direct negotiated sale On behalf of adjacent property owner, St. Phillips Church Public Purpose: food bank / grocery Statutory redemption period has expired 14
16 Alternative Authorized by Local Government Code Contemplates contractual commitment by Purchaser with City to develop / use the land in way that benefits public Case-by-case evaluation Individually structured agreements The other taxing authorities (County and DISD) must consent to the transaction 15
17 1502 Pennsylvania Conditions Negotiated Conditions of Sale Payment of post-judgment taxes Continued use as food bank / grocery or reverts back to the City Property renovation to occur within 18 months Property maintained to Code Maintain insurance on property and pay current taxes, if any No sale without City Council consent 16
18 Evaluation Does purchaser meet Code provision? Yes, 501(3)(c) Is public purpose served? Yes, fulfills need in food desert area Serves homeless / low income population Subject to development agreement and reverter Will post-judgment taxes be paid? Yes, $12,993 17
19 Evaluation Do County and School District consent? County Yes, Commissioner Court action Sept DISD - Action anticipated end of October 18
20 Recommendations Consider 1502 Pennsylvania transaction For future potential requests, additional staff work needed to identify and refine criteria for committee review: Formalize checklist and application Determination of public purpose: Satisfies a Council-identified KFA Applicant s ability to perform: Years in service Success with similar public purpose projects 19
21 Possible criteria for similar requests Potential positive impact on community at large Potential positive impact on adjoining properties Appropriate zoning and infrastructure to support the intended use without additional City funds Integrity of structure or improvements and extent of mitigation or renovation needed Financial capability of entity requesting the property to make necessary improvements Impact on tax collection Consider redemption period status 20
22 Next Steps Schedule 1502 Pennsylvania Avenue for Council consideration on November 14, 2012 agenda Develop new criteria and procedures for Committee review and approval 21
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