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HomeMy WebLinkAboutAgenda - 10-17-1995 - VIII-D 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 17, 1995 Action Agenda Item # .M-I� SUBJECT: Assignment of Tax Foreclosure Bid DEPARTMENT: PUBLIC HEARING: Yes X No Revenue ATTACHMENT(S) : INFORMATION CONTACT: 6 Attachments Ginger B. Rolfe TELEPHONE NUMBERS: Hillsborough - 732-8181 ext 2727 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To allow the completion of a tax foreclosure sale by permitting an individual to purchase the foreclosed property at the price that the County bid. BACKGROUND: On September 26, 1995 the Sheriff of Orange County sold property owned by Lelia Atwater to satisfy a tax foreclosure by the Orange County Tax Collector. There were no bidders at the sale and the Tax Collector bid in the property for the amount of taxes and costs due of $558.77. The Tax Collector's Office notified adjacent property owners several weeks prior to the sale to secure potential bidders. One of those adjacent property owners, Mrs. Annette H. Preston, is interested in buying the property. She was unable to attend the sale. GS 105-376(a) provides that a taxing unit having bid in the property at the foreclosure sale "may assign its bid at any time by private sale for not less than the amount of the bid." When an assignment is made by the taxing unit it should be signed in the unit's name by the chairman of the board. Authority for making the assignment should appear in the minutes of the board. RECOMMENDATION(S) : The Manager recommends that the Board of Commissioners adopt the resolution. SEND R: t aowlso wish to receive the • Cornpne norm t and/or 2 for addhiond 00"W"' folling services Ifor an extra 0 • Corpefe items 3,and 44 a b. nve • Pnnt Your name and o60W$On tM ne of thu form w tM 4 t we can feel' return t?n Card to you. 1. 0 Addressee's Address y G • AnaCh this tdrrn to tM II17nt el tM madpa5a.Or er1 LM back N mCaCa does not own*. • write•'Return R.004A R04-004 "on the mm4paw wfow Uro onicio nun**, 2 ❑Restricted Delivery o • The Retum Reeeiot wW ahow to whom tfr er4ela wem a 'W"OW ConsUh POSIMSsLer for fee. Q delivered. 1 Article Addressed to: 4a. Article Number 4b. Service Type Cr � ❑Registered ❑Insured C" Qis(�f 0, �+ (�artified ❑COD A !J RA(a ❑Express Mail ❑Return Receipt for 3 . yl March ndis 7. Qate of 17elivery o T ?5. S net re 4Addrasa 8. A dressee's Address 1 Y if requested ar and fee is paid) i S}gnature Ag 1 PS form 11,December 1981 aus•ovo:nfao-�szau DOMESTIC RETURN RECEIPT File # 94-M-163 Film # STATE OF NORTH CAROLINA COUNTY OF ORANGE Plaintiff Against Lelia T. Atwater NOTICE OF SALE OF Defendants(s) 8016 Rogers Rd. LAND UNDER EXECUTION Chapel Hill, N. C. 27514 By virtue of several certain executions directed to the undersigned from the Superior Court of Orange County in the several certain actions entitled orange County vs/ the several judgment debtors hereinafter set out, I will, on Tuesday , the 26th day of Sept. , 1995 ; at 12:00 noon, at the Orange County courthouse door, in the city of i Hillsborough sell to the highest bidder for cash to satisfy said executions the several pieces or parcels of real estate separately described following the name of each judgement debtor hereinafter set out; = *' Said executions were issued pursuant to judgment duly recorded in the office of the Clerk of the Superior Court for Orange County, and said executions are in the amounts specified in each case following the name of the judgment debtor and the description of the real estate, plus costs of sale, as follows: The following described property is all located in HillsboroughTownship, Orange County, North Carolina: 1. The real estate listed for taxes for the year 1992 in the name of Lelia T. Atwater , the judgment debtor, and described as follows: Tract # 403425, Tax Map 4.27A.B.22 Parcel Identification # 9664-27-5366 BEING all of Lot Number 156 of KINGSBORO ESTATE according to map and survey of Wilton C. Grimes and recorded in the Orange County Register of Deeds May 13, 1965 in Plat Book 14 at page 106, to which plat reference is hereby expressly made for a more particular description of same. See Deed Book 542 page 33 for deed reference. The highest bidder at said public sale shall be required to make a cash deposit of ten percent (10%) of the successful bid pending confirmation or rejection thereof. Amount due under judgment, including costs: $ 524.46 plus advertising cost, interest, sheriffs commission, etc. not included. The sale will be made subject to all outstanding city and county taxes and all local improvement assessments against the above-described property not included in the execution in the above-entitled cause. This the 23rd day of August , 19 95 S ri -2*1 •ComploW 4a A b. .*Aowifv servicel 19 Item Of!118 tam no the we can' Beim i}d�tsdmyar,Attach d"form m VW*OM Of Mn rnell0em,er on Vo bw*W speoo 3 doft not Wft1PAftVnfl ip A9qwmWContwMWbimbslvwVw=-1 • vA vieddOlMed. U-41 posynerler 3 3. Amide Addressed to- x- 4e.Arfide IMrrtbsr- 4b. Service Type C . . .. . . . cerfified '0 Exprim Mail ❑Return Receipt lar Merchondive Z.Daft of Delivery s. (Add," -e.-A"affi-essee's Addren(Only H requevi:edz and fee is Paid) 0 posture )U PS Form 3311,December 1991 *U-L W01 IM-4w7u. WCEIPf Orange County Department of Revenue 200 South Cameron Street • P.O. Box 8181 Hillsborough, North Carolina 27278 Ginger Rolfe Director of Revenue September 15, 1995 7 Lelia T. Atwater .. ....... .. 8016 Rogers Rd. Chapel Hill, N. C. 27514 Dear Ms. Atwater: This is to advise you that an execution has been issued upon a judgment docketed against property listed by you for 1992 taxes in the office of the Clerk of the Superior Court of Orange County and that the Sheriff of Orange County is now advertising to sell the real estate which you listed for taxes for that year to satisfy said judgment. The sale will be held at the courthouse door in Hillsborough at 12:00 O'clock, noon, on the— day of so iltamhor 19_35 -,and the property will be sold to the highest bid er for cash. A deed will be made to the purchaser in fee simple. The property to be sold is described as follows: Tract # 403425, Tax Map 4.27A.B.22 Parcel Identification #9864-27-5368 BEING all of Lot Number 158 of KINGSBORO ESTATE according to �7 17 map and survey of Wilton C. Grimes and recorded in the Orange County Register of Deeds May 13, 1965 in Plat Book 14 at page 108, to which plat reference is hereby expressly made for a more particular desqription of same. See Deed Book 542 page 33 for deed reference. The amount now due on said tax judgment is $ 524.46 You may still prevent the sale of this property by paying the amount due before the date of the sale. If payment is not made by that date, however, the sale will be carried through without further notice. Sincerely, G olfe? CTC Copy to Nancy J. Shipp Tax Collector 9030 Warwickshire Rd. Jacksonville, FL 32257-5230 Phone: (919) 732-8181 • 967-9251 • 688-7331 • (910)227-2031 Extension 2725 or 2726 File '? 94-M-183 Film # C-n. STATE OF NORTH CAROLIN�A` In the General Court of COUNTY OF ORANGE Justice/ Superior Court Division Orange County Before the Clerk Plaintiff Against REPORT OF EXECUTION SALE Lelia T. Atwater -Defendants} Pursuant to the power and authority vested in me as sheriff under an execution issued in this cause by the Honorable Joan Terry , Clerk of Superior Court of Orange County, on September 26 , 19 95 . , I offered for sale and sold at public auction for cash to the last and highest bidder the lands described in said execution, after due advertisement of said sale in the manner provided by said execution, and in the manner prescribed by law, At Orange County Courthouse at 12 o ' clock Na_anM. , On the 26th day of September 19 95 To the highest bidder, U For $ This 26th day of Sept 19 g5 Sheriff of Orange County ------------ ---------------- on ---------------- ------------ -------------- --- ---- -- ----------- ---------- --------------- • --;--------------- ------- -------------• ------------ ------------------- ----------------- --------------- -------- STREET <L --------------- - too I---------- it FA -- ---?------------------ ---—-- --------------- ------------ --- ------------ -------------- ................ zoo ------------ zloe --------- ---- ----------------- ------------ ------------------- . .......... lee 4109 -------------- ------------ III - - - c ---------------- 41�8 ----------*--L2------------- ----- - - ------- ------------- -------- --—---------- - ------------; - ------------- IA tau 8- ---—--------ifl' 01441 ---- --------- at ---------- ............. ------------------ Qm I-- ---------------- ------- -----------—------ —9- ck ---------------------- _4 4 -------------- as -------------------- —----- 1 4_ 1w, --------------------- ------------..—A I------------ ------------ w --------------- - ---------- MG -----------------___ ...............31 IZ ------------ ------------------------ ........... 10, lol al -------------------- ......... -------------- ---------------- ----------------------- ---------------- ------------- - ------------ -------- 8651 64!57 —---------------- 3?56 -------------- -------------- lee 9346 .......----------------- .......... --------------- ----------- ------- -------------- ILL- Ll— avo8 STREET a00M3S0W 3 era olAT g 11 (D M > rt rt 54 m MN, r'T t rt m rt (D . t 6 STATE OF NORTH CAROLINA File # COUNTY OF ORANGE Film # Orange County In the General Court of Plaintiff Justice Superior Court Division Against Before the Clerk Lelia T. Atwater Defendant(s) ASSIGNMENT Known all men by these presents that Orange County, having become the last and highest bidder for that certain tract or parcel of real estate described in the execution in the above entitled cause at a sale held on the 26th day of September, 1995, I, Moses Carey, as Chairman of the Board of Commissioners of Orange County, pursuant to authority vested in me by resolution of the Board of County Commissioners dated October 17, 1995, do hereby, in consideration of Annette Huitt Preston' s promise to pay the sum of $558.77, the amount of said bid, to the sheriff upon confirmation of the sale, sell , set over, transfer and assign the count's bid made at said sale unto Annette Huitt Preston, her heirs and assigns; and Lindy Pendergrass, sheriff in said sale, is conveying said real estate to the said Annette Huitt Preston, her heirs and assigns, upon the confirmation of said sale and upon payment to him by the said Annette Huitt Preston of the purchase price. Witness my hand and seal , this 17th day of October, 1995. (Seal ) Chairman of the Board of Commissioners of Orange County Attested By: Clerk to the Board (Seal ) NORTH CAROLINA ORANGE COUNTY I, Notary Public for said County and State, certify that personally appeared before me this day, and being by me duly sworn, acknowledged that she is clerk to the board of Orange County and that by authority duly given and as the act of the county, the foregoing instrument was signed in its name by the chairman of the board of commissioners, sealed with its official seal , and attested by herself as clerk to the board. Witness my hand and seal, this the day of , 1995. Seal Notary Public My commission expires 19 7 NORTH CAROLINA RESOLUTION: ASSIGNMENT OF BID - IN REM FORECLOSURE SALE CONDUCTED PURSUANT TO ORANGE COUNTY G.S. SECTION 105-375 WHEREAS, G.S. Section 105-376(a) provides that " (a)ny taxing unit . . . may bid at a foreclosure sale conducted under G.S. . . . 105-375, and any taxing unit that becomes the successful bidder may assign its bid at any time by private sale for not less than the amount of the bid; " and WHEREAS, when an assignment is made by Orange County it must be signed in the county's name by the chairman of the board of commissioners; and WHEREAS, board of county commissioner authority for making the assignment should appear in the minutes of the board by formal resolution. NOW THEREFORE, be it RESOLVED that the Chairman of the Orange County Board of Commissioners is hereby authorized in the name of Orange County to execute on behalf of Orange County the assignment of bid, a copy of which is attached hereto and incorporated herein by reference. This the day of , 19 The foregoing resolution was adopted following a motion by seconded by Chairman, Orange County Board of Commissioners ATTEST: