| 1. |
Can I mail in or submit a sealed bid for a
property in a public auction? |
| |
Answer: No. The public auction requires
your presence, or that of a representative, to orally bid the
properties.
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| 2. |
Can I obtain a property available
at the tax sale by paying the delinquent taxes prior to the
tax sale date? |
| |
Answer: No. Legal title to a tax-defaulted
property subject to the Tax Collector's power to sell can be
obtained only by becoming the successful bidder at the tax sale.
Paying taxes on such property will only cause its redemption
for the current owner.
|
| 3. |
How do I find or see a property
I would like to bid on at the sale? |
| |
Answer:
Vacant land (which accounts for most non-time-share properties offered at the tax sale) often has no address. The approximate geographic location can be determined by the county assessor's plat maps. Exact boundary lines can only be determined by a survey of the property initiated at the purchaser’s expense. Improved properties may bear a situs (street) address; however, bidders should verify independently the accuracy of the address.
Time share parcels can be seen in South Lake Tahoe at Tahoe Seasons, Tahoe Beach and Ski, and Embassy Resorts. Verify with management the existence of specific parcels.
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| 4. |
How can a bidder pay for a
property at the tax sale? |
| |
Answer: Payment may be made with cash,
certified cashiers’ check, money order, and personal check.
However, the bidder must assure her/himself that the check is
good. |
| 5. |
What are the conditions of payment for a property at the
tax sale? |
| |
Answer: If the purchase price is in
excess of $20,000.00, the sale may be treated as a deferred payment that must be paid in full within 30 days (see Rules
of the Public Auction Sale). All other transactions must
be paid in full at the end of the sale.
|
| 6. |
Do liens or encumbrances on a tax-defaulted property transfer
to the new owner after purchase of the property at tax sale? |
| |
Answer: Section 3712 of the California
Revenue and Taxation Code states: "The tax deed conveys
title to the purchaser free of all encumbrances of any kind
existing before the sale, except:
-
Any lien for installments of
taxes and special assessments, which installments will
become payable upon the secured roll after the time of
the sale.
-
The lien for taxes or assessments
or other rights of any taxing agency which does not consent
to the sale under this chapter.
-
Liens for special assessments
levied upon the property conveyed which were, at the time
of the sale under this chapter, not included in the amount
necessary to redeem the tax-defaulted property, and, where
a taxing agency which collects its own taxes has consented
to the sale under this chapter, not included in the amount
required to redeem from sale to the taxing agency.
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Easements, constituting servitude
upon or burdens to the property; water rights, the record
title to which is held separately from the title to the
property; and restrictions of record.
-
Unaccepted, recorded, irrevocable
offers of dedication of the property to the public or
a public entity for a public purpose, and recorded options
of any taxing agency to purchase the property or any interest
therein for a public purpose.
-
Unpaid assessments under the
Improvement Bond Act of 1915 (Division 10 [commencing
with Section 8500] of the Streets and Highways Code) which
are not satisfied as a result of the sale proceeds being
applied pursuant to Chapter 1.3 (commencing with Section
4671) of Part 8.
-
Any federal Internal Revenue
Service liens which, pursuant to provisions of federal
law, are not discharged by the sale, even though the tax
collector has provided proper notice to the Internal Revenue
Service before that date.
-
Unpaid special taxes under the
Mello-Roos Community Facilities Act of 1982 (Chapter 2.5,
commencing with Section 53311, of Part 1 of Division 2
of Title 5 of the Government Code) that are not satisfied
as a result of the sale proceeds being applied pursuant
to Chapter 1.3 (commencing with Section 4671) of Part
8.”
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| 7. |
When does the right to redeem a tax-defaulted property
subject to the power to sell cease? |
| |
Answer: The right to redeem a tax-defaulted
parcel subject to the power to sell ceases at the close of business
on the last business day prior to the sale.
|
| 8. |
How can I determine what use
I can make of a tax sale property before I purchase it? |
| |
Answer: Consult the zoning department
of any city within which a property lies or the zoning section
of the county department of planning and land use for a parcel
in an unincorporated area regarding the use of the parcel. Examine
the county recorder's records for any recorded easement on a
property.
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| 9. |
Is a tax sale publicly advertised? |
| |
Answer: Yes. State law dictates that
notice of a tax sale must be published.
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