Request for Qualification

Buncombe County seeks proposals from qualified law firms to assist with the collection of delinquent property taxes.

I. Scope of Work

The Buncombe County Tax Collector is obligated by law and oath of office to employ all legal means to collect all taxes which she is charged to collect.  When taxes become delinquent on real property it sometimes becomes necessary to initiate foreclosure on the parcel taxed to enforce the lien.  When the Tax Collector determines that it is appropriate to initiate foreclosure of a tax lien pursuant to NCGS §105-374 it is standard practice across the State for a collector to refer the account to an independent attorney.  The statutory requirements for foreclosure are well-settled and the UNC School of Government is an excellent resource for forms and practice tips.

II.Scope of Services

Buncombe County will not be paying your fees and expenses.  Fees and expenses are to be charged and collected through the foreclosure process.  Contested fees and expenses are treated as costs in such amount as the court shall, in its discretion, determine and allow.  §105-374(i).

The County asks that you first send a demand letter to the taxpayer with a two week deadline to pay in full before incurring any fees or costs in a foreclosure action.  Notification to the taxpayer from the outside attorney of the demand period and consequences of failure to pay within the demand period should be sent to the taxpayer within 5 business days of being referred to an outside attorney.

A taxpayer making payment in full of the property taxes prior to the deadline indicated in the demand notice will not be charged any legal fees or costs by the outside attorney.  Immediate notification to the outside attorney of any taxpayer payment during this time will be provided by the County.  Fees and expenses incurred after the end of the demand period will be paid by the taxpayer or the purchaser of the property as a result of a foreclosure sale.

III.Selection Criteria

This RFQ is open to attorneys licensed to practice law in the State of North Carolina, with experience in real estate and special proceedings practice preferred.

If you or your firm are interested in assisting with these foreclosures, as and when determined necessary by the Tax Collector, please provide:

  • Example demand letter with two week demand period.
  • Description of process/approach to collecting delinquent property taxes for accounts referred for collection, beginning with referral from the County through disbursement of proceeds received through tax foreclosure.
  • Description of approach to working with taxpayers for the most favorable outcome.
  • Without indicating hourly rates or fees, please generally describe specific points throughout the process when you envision you would charge costs/fees through collection/foreclosure of the accounts.
  • Your North Carolina State Bar number.

IV. General Information and Questions.

All inquiries and questions concerning this RFQ shall be directed in writing to the Procurement Manager, Ron Venturella at ron.venturella@buncombecounty.org.

V.  Instructions for submitting proposals

Proposals will be received until 2:00 p.m., May 30, 2019. All proposals may be submitted in a sealed envelope(s) or electronically submitted via email and properly identified with the name:

RFQ:  FORECLOSURE ATTORNEY 2019

Proposals must be submitted no later than the time and date specified. Proposals may be hand-delivered or emailed to:

Ron Venturella, Procurement Manager
200 College Street, Suite 450B
Asheville, North Carolina 28801

Phone:  (828) 250-4154
E-mail: ron.venturella@buncombecounty.org

The County’s capacity for email attachments is 9mb. It is the responsibility of the applicant to assure that their proposal is received. Receipt of proposals can be verified by calling Mr. Venturella. Late proposals will not be accepted.

VI.  Limitations

This Request for Proposal does not commit Buncombe County to award a contract. The County reserves the right to accept or reject all or any part of any proposal, waive informalities and award the contract to best serve the interest of the County.