Loving County, Texas Redeemable Tax Deed — A Comprehensive Guide for Investors

Introduction: A Tiny County With Big Opportunities

Loving County sits in far‑west Texas along the Pecos River. It is the smallest county in the United States by population, yet it sits atop prolific oil and gas fields. Mentone is the county seat and the only town in the county. This article explores how the county conducts tax‐foreclosure auctions and explains why its redeemable tax‑deed system can offer high returns for investors who do their homework. We will also cover community facts, local attractions and economic highlights to give investors context.

Overview of Texas Redeemable Tax Deeds

Texas uses a hybrid system often called a redeemable tax‑deed. When property taxes become severely delinquent, the county (or an attorney acting for the taxing units) obtains a judgment and sells the property at a public auction. The winning bidder receives a sheriff’s or constable’s deed without warranty and must pay the full bid amount immediately (often by the end of the sale day). The original owner retains a statutory right to redeem the property. Homestead, agricultural and mineral‑interest properties may be redeemed for two years after the deed is recorded, with a 25 percent premium if redeemed in the first year or 50 percent in the second year. All other properties have a 180‑day redemption period with a 25 percent premium. Because the premium is paid to the winning bidder, investors can earn high fixed returns, but they must wait for the redemption period to run before gaining clear title.

Important Details

DetailExplanation
Tax Sale TypeRedeemable tax‑deed – the winning bidder receives a sheriff’s deed subject to the owner’s right of redemption.
Typical Sale DateFirst Tuesday of each month; if the first Tuesday falls on New Year’s Day or July 4, the auction is held on the first Wednesday.
Redemption Period180 days for non‑homestead property; two years for homestead, agricultural or mineral‑interest property.
Interest Rate / Premium25 % of the bid amount if redeemed within the first year (or within 180 days for non‑homestead); 50 % if homestead/agricultural property is redeemed in the second year.
Bid ProcedureLive auction on courthouse steps. Minimum bid equals the lesser of the judgment amount (taxes, penalties, interest and costs) or the property’s market value. Highest bid wins. Bidders must present a “no‑delinquent‑tax” certificate and valid ID.
Deposit/PaymentNo formal deposit. Winning bidders must pay the full amount (cash or cashier’s check) immediately; counties often require payment by 4 p.m. the same day.

Fun Facts About Loving County

  • Smallest Population: Loving County is the least‑populated county in the United States. The 2020 Census recorded about 64 residents with Mentone as the only town.
  • Oil & Gas Wealth: Despite its tiny population, the county sits over rich oil and gas fields. In 1986 it produced over 1.7 million barrels of crude oil and 42.3 billion cubic feet of gas, giving residents one of the highest per‑capita incomes in the country.
  • Rich History: The county is named for Oliver Loving, an early trail‑blazer who opened the Goodnight–Loving cattle trail. The county seat Mentone is a ghost‑town‑like community with a historic courthouse.
  • Public Safety Services: Because the population is so small, the county sheriff also serves as tax assessor‑collector and runs many local services.

Attractions & Economic Highlights

  • Outdoor Recreation: Red Bluff Reservoir on the Pecos River lies partly in Loving County. The Texas Parks and Wildlife Department notes that the reservoir covers 11,193 acres, reaches 77 feet deep and offers fishing for largemouth bass and white bass. It’s accessible off U.S. 285.
  • Nearby Parks: Larger parks such as Guadalupe Mountains National Park and Carlsbad Caverns are within a two‑hour drive, providing hiking, camping and cave exploration.
  • Transportation: Mentone is isolated but reachable via U.S. Highway 285 and State Highway 302. The nearest general‑aviation airports are Pecos Municipal Airport (23 miles southeast) and Winkler County Airport (23 miles east). Midland International and Cavern City Air Terminal offer scheduled flights within 100 miles.
  • Economy: Oil and gas extraction dominates the local economy. There is little farming due to arid conditions. Limited housing stock and energy development make property values volatile but can provide unique opportunities for investors.
  • Community: With a handful of residents, community life revolves around the courthouse and community center. Annual events are limited, but outdoor enthusiasts enjoy hunting and fishing.

Why Loving County Is Ideal for Tax‑Deed Investors

Loving County’s redeemable tax‑deed auctions present a high‑return opportunity. The county rarely has many parcels at auction, so competition can be low. Winning bidders earn a 25 % premium if the property is redeemed within the first year and 50 % if redemption extends to a second year on homestead or agricultural property. Because property values are influenced by oil and gas development, investors may acquire land at prices below market value when taxes go unpaid. For investors willing to accept the small‑town setting and complete due diligence, the potential rewards are attractive compared with other real‑estate investments.

When Are Loving County Tax Sales Held?

Texas law requires tax foreclosure auctions to be held on the first Tuesday of each month at the county courthouse. If New Year’s Day or July 4 falls on a first Tuesday, the sale moves to the first Wednesday. Sales must occur between 10 a.m. and 4 p.m. local time. Loving County traditionally conducts auctions at the Loving County Courthouse at 100 Bell Street in Mentone. In-person registration typically starts shortly before the sale (often between 9:00–9:30 a.m.). Potential bidders should verify the exact start time with the tax office because the county may alter schedules.

How the Auction Works

  1. Notice & Listing: The sheriff or tax attorney posts notices at least 20 days before the sale, listing the property, amount owed and the sale date. Notices are also published in local newspapers or online through the county’s public notice calendar.
  2. Registration: To bid, individuals must register with the county tax assessor‑collector. Registration requires providing personal details and presenting a statement of no delinquent property taxes. Section 34.015 of the Texas Tax Code prohibits the sheriff from issuing a deed to a bidder who owes delinquent taxes. Many counties issue a registration number valid for one year.
  3. Auction: The sheriff or constable calls each property in order. The minimum bid is the lesser of the taxes, penalties, interest and costs or the appraised market value. Bidders raise their hand or voice to offer bids. The highest bidder wins, subject to providing payment and proof of eligibility.
  4. Payment: Winning bidders typically must pay cash or cashier’s check immediately after the sale; most counties require payment by 4 p.m. the same day. Failure to pay can lead to forfeiture and penalties. The winning bidder receives a sheriff’s deed without warranty.
  5. Redemption Period: Once the deed is recorded, the former owner may redeem the property by reimbursing the bidder plus the statutory premium—two years for homestead/agricultural property or 180 days for other property. If the owner redeems, the bidder receives the premium as return on their investment.

Bidding Tips and Terms

  • Property Sold “As Is”: The sheriff’s deed conveys whatever interest the county has and does not guarantee title. The investor is responsible for checking liens, encumbrances and physical condition.
  • No Deposit, Full Payment Required: Texas does not require an upfront deposit but demands full payment by the end of the sale day. Have certified funds ready.
  • Minimum Bid vs. Fair Market Value: Since the minimum bid is limited to the taxes owed or the appraised value, some properties may be sold for far less than market value.

Proof of No Delinquent Taxes: Register early to obtain the required certificate from the tax assessor‑collector.

Carson county courthouse Texas

Maximum Potential Returns and Expected Returns

Investors in Texas redeemable tax deeds can earn attractive returns. The redemption premium paid by the former owner is 25 % of the winning bid (plus recording costs and taxes) if the property is redeemed within one year or within 180 days for non‑homestead properties. If a homestead or agricultural property is redeemed in the second year, the premium rises to 50 %. These returns are fixed, not compounded, and are paid when redemption occurs. Actual yield depends on the timing of redemption and the bid amount. For example, a winning bid of $10,000 on a non‑homestead parcel redeemed after five months would yield $2,500 plus reimbursement of taxes and costs. If the property is not redeemed, the investor ultimately takes possession after the redemption period and may profit from selling or renting the property.

Open to All Investors & Foreign Participation

Texas law does not restrict tax‑deed auctions to residents. Domestic and international investors may bid as long as they register, provide valid identification and obtain the required no‑delinquent‑tax statement. Out‑of‑state investors should plan travel to Mentone because Loving County conducts auctions in person at the courthouse. Foreign investors may also appoint an agent to bid on their behalf, provided they supply a power of attorney and any documents requested by the tax assessor‑collector. Because registration requires proof that the bidder owes no delinquent taxes in the county, international investors should allow time to obtain the certificate. The open participation policy and high premium rates make Texas tax‑deed auctions attractive to global investors.

Importance of Due Diligence in Loving County

What Due Diligence Entails

Successful investing requires research before the auction. Investors should:

  • Examine Title: Search county records for liens, easements, mineral rights reservations and prior mortgages. The sheriff’s deed does not guarantee clear title; unpaid liens may survive the sale.
  • Inspect the Property: Visit the site or obtain satellite imagery to check location, access and condition. Some parcels are landlocked or have no utilities.
  • Check Zoning and Restrictions: Verify land‑use restrictions or environmental issues. Section 34.05 of the Texas Tax Code allows counties to sell unsold properties privately but subject to certain restrictions and consent from taxing units.
  • Calculate Market Value: Compare the minimum bid with recent comparable sales. Consider oil and gas leases and potential for development.

Risks of Skipping Due Diligence

Failure to conduct proper research can lead to costly surprises:

  • Hidden Liens: IRS liens, HOA assessments or environmental cleanup costs may attach to the property even after the sale.
  • Landlocked Parcels: Some rural tracts lack legal access, making them difficult to use or resell.
  • Low Redemption Rate: In a county with few residents, many owners may redeem property quickly, limiting the investor’s ability to hold land. However, redemption yields high fixed returns.
  • Market Volatility: Oil and gas price swings can influence property values. An investor could overpay if energy prices decline.

Buying Over‑the‑Counter (OTC) Deeds in Loving County

How to Purchase OTC Deeds

When a property does not sell at the initial auction, it is struck off to the taxing unit. Section 34.05 allows the taxing unit to resell the property at a public or private sale. Interested buyers can contact the Loving County tax office to inquire about struck‑off properties. The county may schedule a resale auction or negotiate a private sale. To purchase OTC deeds:

  1. Obtain a list of unsold properties from the tax assessor‑collector or the county attorney.
  2. Submit an offer at least equal to the minimum acceptable price (often the judgment amount or market value).
  3. Provide proof of eligibility and pay the full amount upon acceptance. The deed will still be subject to the statutory redemption period.

Benefits of OTC Purchases

  • No Bidding Competition: The county negotiates directly with the buyer, eliminating live bidding pressure.
  • Opportunity to Research: Buyers have more time to perform due diligence compared with live auctions.
  • Potential Discounts: Struck‑off properties may be sold for less than market value if taxing units consent.

Why Loving County Is a Top Choice for Tax‑Deed Investors

Economic and Tax Advantages

Loving County’s economy relies on oil and gas extraction. High per‑capita incomes and limited population mean that delinquent tax parcels are few but often associated with mineral interests. Investors gain the possibility of owning land in one of the wealthiest per‑capita counties with minimal competition. Texas’s 25 % to 50 % redemption premium offers returns far above typical fixed‑income investments, and the state does not impose income tax on individuals.

Real Estate Market Overview

Real estate in Loving County is scarce. Most land is held by absentee owners or energy companies. Housing stock is limited and property values fluctuate with energy prices. Because there is virtually no urban development and water is scarce, large tracts remain undeveloped. Investors should focus on land value, mineral rights and long‑term appreciation rather than immediate rental income. The small number of properties and unique economic conditions create a niche market that savvy investors can exploit.

Conclusion

Loving County’s redeemable tax‑deed auctions provide an unusual opportunity. Sales occur on the first Tuesday of each month at the county courthouse and follow Texas procedures that require registration and full payment. Investors who win at auction can earn a 25 % premium (or 50 % on homestead/agricultural property redeemed in the second year). The county’s tiny population, oil‑rich economy and low number of parcels make auctions infrequent but potentially rewarding. However, due diligence is vital—investors must research title, physical condition and market value to avoid costly surprises. With careful preparation and an appreciation for the remote West Texas environment, Loving County can be a profitable addition to a tax‑deed investment strategy.

Pro Tips for Investing in Loving County Tax Deeds

  • Register Early: Contact the Loving County tax office weeks before the sale to obtain a no‑delinquent‑tax certificate. Office hours are Monday–Thursday 8:00 a.m.–5:00 p.m. and Friday 8:00 a.m.–12:00 p.m.
  • Monitor Notices: Check the county’s Public Notice Calendar for upcoming sale announcements and any changes in schedule. Notices must be posted at least 20 days before the auction.
  • Bring Certified Funds: The county will not accept personal checks. Bring cash or cashier’s checks made payable as instructed by the sheriff.
  • Inspect Remote Parcels: Many properties are in remote areas without utilities. Plan site visits and consider drone imagery or local real‑estate agents to assess access and condition.
  • Review Mineral Rights: Loving County’s value is tied to oil and gas. Check whether the parcel includes mineral rights or whether previous owners retained them.

Frequently Asked Questions About Loving County Tax Deeds

1. Do I need to live in Loving County to bid? No. Any person or entity may bid as long as they register with the tax assessor‑collector and show proof of no delinquent taxes.

2. What happens if I win a property and it isn’t redeemed? After the redemption period expires (180 days or two years), you may file for a quiet title and take full ownership. You can then sell, lease or develop the property subject to any existing liens or easements.

3. Are there financing options? Counties require full payment on the day of sale. Investors typically use cash or cashier’s checks. Private lenders may offer loans secured by the deed, but you should arrange financing before bidding.

4. Can I enter the property during the redemption period? Yes, you obtain immediate right of possession. However, if the property is occupied, you must follow legal eviction procedures or negotiate a lease with the occupant. You should not make substantial improvements until the redemption period ends.5. How can I find out if a property has liens? Perform a title search through county records or hire a title company. IRS liens, HOA assessments and municipal liens may survive the tax sale, so factor potential payoff costs into your bid.

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