Untitled Texas Attorney General Opinion ( 1950 )

THEATTORNEY GENERAL OF TEXAS AUSTIN 11.-~BCKAS PRICE DANIEL ATTORNEY GENERAL April 7, 1950 Hon. B. F. McKee Opinion No. V-1040 County Auditor Hidalgo County Re: The disposition to be made Edinburg, Texas of funds received in delin- quent tax cases from prop- erty / purchased by a taxing unit, as trustee for all tax- ing units, and sold prior to expiration of redemption period, and related ques- Dear Mr. McKee: tion. You request the opinion of this office upon two questions, both of which deal with sales of property purchased by a taxing unit, as trustee for the benefit of all taxing units,parties to the suit, and subsequently sold by the taxing unit, prior to the expira- tion of the period of redemption. Your questions may be stated as follows: (1) How should the proceeds of the second sale by the purchasing taxing unit be disposed of if the sale is made prior to the expiration of the re- demption period; (2) if the property is sold for an amount in ex- cess of the judgment, costs and expenses at a second sale, is the owner required to pay statutory penalty upon such excess in order to redeem. The answer to both your questions is found in Sections 9,12, and 12-a of Article 7345b, V.C.S. These statutes are rather lengthy, and we do not deem it necessary to set them out in full, but only the pertinent parts. Briefly, Section 9 of the statute provides the method and manner for a second sale by the purchasing taxing unit. After thus pro- viding, the statute directs that the purchase price be disposed of as follows: “When such property is so sold at Public or pri- vate sale, the proceeds thereof shall be received by or Hon. B. P, McKee, Page 2, V-1040. paid over to the taxing unit which purchased said prop- erty at the tax foreclosure sale, for the account of it- self and all other taxing units adjudged to have a tax lien against such property, and all taxing units so re- ceiving said proceeds shall first pay out of the same all costs and expenses of Court and of sale, and dis- tribute the remainder among all taxing units for which purchasing taxing unit purchased and held said prop- erty, pro rata and in proportion to the amounts of their tax liens against said property as established in said judgment. ” Thus it is quite apparent that the purchasing taxing unit should distribute the proceeds of the second sale, after first pay- ing all costs and expenses of the sale, to the respective taxing units, parties to the suit, upon a pro rata basis in proportion to the amounts of their tax liens adjudged against the property as established by the judgment. This, of course, is true regardless of whether the second sale is a private or public sale. This an- swers your first question. In answer to your second question, said Section 9 of the statute further specifically provides as follows: 1. . . . provided, if the period for the redemption of said property from said tax foreclosure sale has not expired at the time of said sale, said conveyance shall be made expressly subject to the right of redemp- tion provided in Section 12 of said Act.” In this connection it is only necessary to say that the amount received by the purchasing taxing unit at a second sale has nothing to do with the amount required to be paid by the own- er to redeem. This is governed by the amount bid at the first sale, which must conform to the terms and conditions provided for in Section 9. The amount required to be paid by the owner or others entitled to redeem under the proviiioas of Section 12 of said Article is governed exclusivaly bye the provisions of said section, and this regardless of whether the first sale is to a taxing unit or to a private purchaser; and no greater amount is required to redeem than that provided for by this section of the statute, and Hon. B. F. McKee, Page 3, V-1040. the addition of any further penalty is wholly unauthorized. From the foregoing it is clear that when a second sale is made by a purchasing taxing unit, either at private or public sale, before the redemption period has expired, the entire pro- ceeds after the payment of costs and expenses of the sale, shall be distributed pro rata among all the participating taxing units in proportion to the amount of taxes, penalties and interest ad- judged in favo.r of each. The amount received by the selling taxing unit at the second sale has nothing to do with the amount required to redeem, This is governed by the bid at the first sale, and no greater amount may be exacted than that provided in Sec- tion 12 of Article 734%. ,V.C.S,. SUMMA.RY Under the provisions of Section 9 of Article 7345b, V.C.S., the purchasing taxing unit should distribute the proceeds of the second sale whether made before or after the expiration of the period of redemption, after paying the costs and expenses of the sale, among all taxing units pro rata and in proportion to the amounts of their tax liens as established by the judgment. Sec- tion 12 of said Article specifies the amount required to redeem and refers to the first sale and not the sec- ond, No greater amount may be exacted to redeem than that specified. Yours very truly, PRICE DANIEL APPROVED: Attorney General W. V. Geppert Taxation Division Charles D. Mathews By $?L?iz-- . . Executive Assistant Assistant LPL/mwb/f