CHAPTER 7. Sale to Private Parties After Deed to State

Chapter 7 enacted by Stats. 1939, Ch. 154.

§§ 3691–3731.1 · 60 sections

§ 3691 (a) (1) (A) Five years or more, or three years or more in the case of nonresidential commercial property, after the property has become tax defaulted, the tax…
§ 3691.1 (a) The tax collector shall execute a notice whenever a parcel becomes subject to the power of sale set forth in Section 3691 on a form prescribed by the…
§ 3691.2 The notice shall specify: (a) A statement that five years or more have elapsed since the taxes or assessments on the parcel were declared in default; that…
§ 3691.3 By June 15 of the year property is to become subject to a power of sale under Section 3691, the assessor shall furnish to the tax collector a metes and bounds…
§ 3691.4 The notice shall be recorded with the county recorder. After recordation, the notice shall be forwarded to the tax collector. The recorder shall make no charge…
§ 3691.5 The tax collector shall file the notice in his or her office and keep a record to show the subsequent disposition of the property.
§ 3691.6 Upon request of the Controller, the tax collector shall report the disposition of all tax-defaulted parcels subject to tax collections power to sell in his or…
§ 3692 (a) The tax collector shall attempt to sell tax-defaulted property, as provided in this chapter, within four years of the time that the property becomes…
§ 3692.1 Notwithstanding any other provision of law, for purposes of this chapter, all of the following apply: (a) “Close of auction” means the date and time for which…
§ 3692.2 A public auction conducted by electronic media, including the Internet, to sell property under this chapter shall have at least the following operational…
§ 3692.3 (a) All property sold under this chapter is offered and sold as is. (b) The state, the county, and an employee of these entities acting in the employee’s…
§ 3692.4 (a) Notwithstanding any other provision of law, any county, city, city and county, or any nonprofit organization as defined in Section 3772.5, may request the…
§ 3693 (a) With the exception of the sealed bid sale procedures authorized under Section 3692 and of the procedures authorized in subdivisions (b) and (c), all sales…
§ 3693.1 Notwithstanding Section 3693, the tax collector may make the sale of any property sold under this chapter a cash or deferred-payment transaction. If the tax…
§ 3694 A sale under this chapter shall take place only if approved by the board of supervisors.
§ 3695 (a) If the governing body of any taxing agency does not, before the date of the first publication of notice of intended sale pursuant to Sections 3702 and…
§ 3695.3 As used in Section 3695, “assessments” does not include assessments which were, at the time of the declaration of default or sale to the taxing agency, not…
§ 3695.4 In addition to the provisions in Section 3695 relative to objections to sales, the state or city or any taxing agency or revenue district may file with the…
§ 3695.5 In addition to the provisions of Sections 3695 and 3695.4 relative to objections to sales, any nonprofit organization may file with the county tax collector…
§ 3698 To make any sale under this chapter, the tax collector shall transmit a notice to the board of supervisors, stating: (a) His intention to make a sale under…
§ 3698.5 (a) Except as provided in Section 3698.7, the minimum price at which property may be offered for sale pursuant to this chapter shall be an amount not less than…
§ 3698.7 (a) With respect to property for which a property tax welfare exemption has been granted and that has become tax defaulted, the minimum price at which the…
§ 3698.8 The tax collector, upon the recommendation of county counsel, may remove a parcel from the tax sale if it is deemed the removal is in the best interest of the…
§ 3699 On receipt of the notice described in Section 3698, the board of supervisors shall by resolution either approve or disapprove the proposed sale and shall…
§ 3700 Upon providing notice to the board of supervisors as required by Section 3698, the tax collector shall forward one copy to the clerk or secretary of the…
§ 3700.5 Not less than 45 days nor more than 120 days before the proposed sale, the tax collector shall send notice of the proposed sale to the Controller. The notice…
§ 3701 (a) Not less than 45 days nor more than 120 days before the proposed sale, the tax collector shall send notice of the proposed sale by certified mail with…
§ 3702 (a) The tax collector shall publish the notice of intended sale once a week for three successive weeks in a newspaper of general circulation published in the…
§ 3703 If in the judgment of the board of supervisors any property to be sold under this chapter will bring at auction less than the cost of publication in a…
§ 3704 The notice of intended sale shall include all of the following: (a) The date, time, and place of the intended sale, including the electronic address if the…
§ 3704.5 In addition to the published notice required by Section 3702, the tax collector may advertise the intended sale by any means authorized by the board of…
§ 3704.7 (a) In the case of a property that is the primary residence of the last known assessee, as indicated by either a valid homeowner’s exemption on file with the…
§ 3705 Any city or the State or any taxing agency or revenue district may bid on property.
§ 3706 If the property is not redeemed before the close of business on the last business day prior to the date of the sale of the property, the tax collector shall…
§ 3706.1 The tax collector may postpone the tax sale or any portion thereof under the following conditions: (a) Notice of any postponement of a public auction tax sale…
§ 3707 (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale. (2) The…
§ 3708 On receiving the full purchase price at any sale under this chapter, the tax collector shall, without charge, execute a deed to the purchaser.
§ 3708.1 Upon execution the tax collector shall immediately record the deed with the county recorder and pay the recording fees. Recording of the deed shall constitute…
§ 3708.5 If a deed to the purchaser contains a clerical error or misstatement of fact, a corrected deed may be issued by the tax collector and recorded with the county…
§ 3709 The county clerk shall take acknowledgment of the deed without charge.
§ 3710 In addition to the usual provisions of a deed conveying real property, the deed shall specify all of the following: (a) That the legally levied taxes on the…
§ 3711 Except as against actual fraud, the deed duly acknowledged or proved is conclusive evidence of the regularity of all proceedings from the assessment of the…
§ 3712 The deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, except: (a) Any lien for installments of taxes and…
§ 3713 It is hereby declared to be the policy of the state and the intent of the provisions of this code, that the final tax deed or deeds of all taxing agencies,…
§ 3716 Within 30 days after the sale, the tax collector shall report to the assessor the following: (a) The name of the purchaser. (b) The date the property was sold.…
§ 3718 The tax collector shall deposit the money received from the sale like tax collections and shall immediately transmit a report of sale to the county treasurer…
§ 3719 The amount of the cost of advertising the sale, including but not limited to the published notice required by Section 3702, shall be deposited in the county…
§ 3720 On receipt of the duplicate report of sale, the auditor shall mail a copy of it to the secretary or clerk of the governing board of each taxing agency, not…
§ 3721 On receipt of the notice for claims, the governing board of each taxing agency, not also a revenue district, having taxes or assessments levied on the property…
§ 3722 As soon as practicable after the expiration of the time for filing claims, the county auditor shall present all share claims received by him to the board of…
§ 3723 If the board of supervisors dispute the correctness of any share claim, the money received from the sale of the parcel involved in the disputed claim shall…
§ 3724 If the share claims are correct or if settlement is made of all disputed claims relating to any parcel, the board of supervisors shall order the money in the…
§ 3725 (a) A proceeding based on alleged invalidity or irregularity of any proceedings instituted under this chapter can only be commenced in a court if both of the…
§ 3726 A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced…
§ 3727 Whenever property has been purchased at tax sale, the purchaser or any other person claiming through the purchaser may bring suit to quiet title to all or any…
§ 3728 Before holding any tax deed heretofore or hereafter given under this chapter or Chapter 8 (commencing with Section 3771), former Chapter 3 (commencing with…
§ 3728.1 If the amount required to be paid in accordance with Section 3728 of this code is not paid within such six months, the court shall order a new tax deed issued…
§ 3729 (a) When a court holds a tax deed given under this chapter or Chapter 8 (commencing with Section 3771), former Chapter 3 (commencing with Section 3475), former…
§ 3731 (a) When a tax deed to a purchaser of property sold by the tax collector pursuant to this part is recorded and it is determined that the property should not…
§ 3731.1 The board of supervisors of any county may, by resolution, authorize any county officer to perform on its behalf any act required or authorized to be performed…