Frequently Asked Questions (FAQ)
The purpose of the Public Auction is to collect the unpaid taxes and to convey the tax defaulted property to a responsible owner. These properties are subject to the Tax Collector’s Power to Sell because the property taxes have not been paid for 5 or more years. The owners of the listed properties have until 5:00 p.m. on the day prior to the sale to redeem their defaulted taxes and remove their property from the Public Auction. There is no extended right of redemption in the State of California.
Properties at the Public Auction are offered on an “as is” basis. Purchasers are advised to read the information provided and investigate each property you are interested in bidding on.
DATE OF AUCTION
|Date of Auction:
10:00 a.m. (Registration will begin at
9:00 a.m. on the 1st floor)
|| San Joaquin County Administration Building
|| Board Chambers
|| 44 N. San Joaquin Street, Suite 627
|| Stockton, CA 95202
|| (209) 468-2133 or firstname.lastname@example.org
2013 TAX SALE RESULTS
2012 TAX SALE RESULTS
2013 TAX SALE EXCESS PROCEEDS
2012 TAX SALE EXCESS PROCEEDS
2011 TAX SALE EXCESS PROCEEDS
is no pre-registration. Registration will be conducted at the auction site on
the 1st floor beginning at 9:00 a.m. on the day of the sale. A driver’s
license or other type of government-issued picture identification along with
evidence of ability to pay is required to register to bid at the auction. Evidence of ability to pay must be in the form
of cashier’s check or money order. A
personal check will be accepted only if accompanied with a letter of credit
from your bank. The letter of credit needs to state that the funds are
available the day of the sale and at least 10 days after the auction. No
cash is accepted. Successful bidders
must settle their purchase at the time of the sale or immediately after the
auction. All bidders must be at least 18 years of age.
A bidder paddle with a number will
be issued at the time of registration and is required to participate at the
public auction. If you will be acting as an agent, a notarized
letter from the individual for whom you will be bidding, stating the manner in
which title is to be vested, is required. Bidder paddles must be
returned in good condition. A damaged or unreturned bidder paddle will
result in a $10.00 charge.
If you require special
accommodations at the public auction site, please contact the Redemption Tax
Section at (209) 468-2133 two weeks prior to the auction date.
Research and investigate the property
before you bid. Properties at a tax sale are offered on an “as is” basis. The County does not assume any responsibility,
implied or otherwise, that the properties are in compliance with zoning
ordinances or conform to building codes and permits.
Tax Sales are a buyer beware sale.
It is the responsibility of the interested bidder to research the parcels they
are interested in purchasing before they buy (i.e. Recorder’s Office, Planning
Department, and Environmental Health Department). Refer to Section 3712 of the
California Revenue and Taxation Code regarding liens and encumbrances on a
property sold at a tax sale.
Parcel maps are available for
inspection and/or purchase prior to the Public Auction in the Assessor’s Office
located at 44 N. San Joaquin Street, Suite 230, Stockton, CA 95202. Parcel maps
are also available on the Assessor’s website at: http://www.sjgov.org/assessor/dynamic.aspx?id=10582
COMBINATION OF PARCELS
Properties grouped in a lot are
offered together. Should one property within a lot be redeemed and the
taxes on the remaining property or properties within the lot remain
outstanding, the remaining property or properties will be offered at the
auction. The minimum bid for the lot is the combined minimum bids for each
parcel in the lot.
If a parcel offered for sale has a
mobile home on it, the sale is for the real property only and does not include
the mobile home. Mobile homes are considered personal property, unless
they are on a permanent foundation.
Code violations may be currently
outstanding on the property being offered for sale. The sale of the
property through the auction does not postpone or affect any enforcement
procedures to bring the property into code compliance.
Parcels offered for sale may contain
hazardous wastes, toxic substances, or other substances regulated by federal,
state, and local agencies. The County does not assume any responsibility,
implied or otherwise, that the parcels are in compliance with federal, state,
or local laws governing such substances. The County does not assume any
responsibility, implied or otherwise, for any costs or liability of any kind
imposed upon or voluntarily assumed by a purchaser or any other owner to
remediate, clean up, or otherwise bring into compliance according to federal,
state, or local environmental laws on any parcel purchased. The Tax
Collector shall not have any duty to investigate the status of any parcel with
regard to contamination by environmentally hazardous materials. Known
contaminated properties are referenced on the Auction List and announced at the
tax sale prior to being offered.
ENCUMBRANCES (LIENS ON PROPERTY)
Current secured property taxes for 2013-2014 are not included in the minimum bid amount.
The following is a copy of the Section
3712 of the Revenue and Taxation Code. Title Conveyed. This section informs
you of any encumbrances that are not satisfied at the time of your purchase.
Chapter 7, Section 3712 of the
California Revenue and Taxation Code states: The 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, that 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 that does not consent to the sale under this
- Liens for special assessments levied
upon the property conveyed that 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 that 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.
of any kind, including prescriptive, constituting servitudes upon or burdens to the property; water rights,
the recordtitle 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) 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, or that are being collected through a foreclosure action pursuant to
Part 14 (commencing with Section 8830) of Division 10 of the Streets and
Highways Code. A sale pursuant to this chapter shall not nullify, eliminate, or
reduce the amount of a foreclosure judgment pursuant to Part 14 (commencing
with Section 8830) of Division 10 of the Streets and Highways Code.
- Any federal Internal Revenue Service
liens that, 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, or that are being
collected through a foreclosure action pursuant to Section 53356.1 of the
Government Code. A sale pursuant to this chapter shall not nullify, eliminate,
or reduce the amount of a foreclosure judgment pursuant to Section 53356.1 of
the Government Code.
Properties will be offered in the
order listed on the Auction List. If no bid is received, the parcel will be
re-offered at the next auction and may be re-offered within 90 days without
additional publication. If all properties cannot be offered on the day of the auction
the sale will be continued to another date.
Bidding will be in increments of
$100.00 or higher until the parcel is sold to the highest bidder. Higher
increments are acceptable should the auctioneer wish to expedite the
sale. No bid will be accepted for less than the minimum bid amount.
The Assessor’s parcel number and the
minimum bid will be read before starting the bidding for each item.
Upon the final bid for each item,
successful bidders will be asked to sign their name and bidder number on a
sheet, and will be handed a form with the parcel number printed on it.
Prior to paying for the parcel the form must be filled out exactly as you want
the purchase deed to be prepared. Also include the address to which the
purchase deed should be mailed. All sales are final. Legal action will be
taken if any successful bid is revoked.
PAYMENT IN FULL
No cash will be accepted at the Public
Auction. Successful bidders must settle
their purchase at the time of the sale or immediately after the auction.
Payments must be made in the form of cashier’s check or money order. Personal
checks will be accepted only if accompanied with a letter of credit from your
bank. The letter of credit needs to state that the funds are available the day
of the Public Auction and at least 10 days after the Public Auction.
A Documentary Transfer Tax will be
collected in addition to the amount of the bid at the rate of $0.55 per $500.00
of the sales price.
A receipt of payment showing all
deeding information will be completed at the time of payment. The receipt
should be reviewed carefully for any errors before the recording of the tax
No refunds will be made at the time
of sale. All refunds for overpayments made by cashier’s check or money order
will be issued within 15 working days following the date of sale.
A tax deed will be issued to the
purchaser within 60 days of the Public Auction. Should title to the property
purchased be recorded incorrectly due to the purchaser the County will not be
responsible to correct the title.
The former assessee or any lien
holder has one year from the date of recording of the tax deed to challenge the
validity of the tax sale (Section 177 and 3725 of the Revenue and Taxation Code).
During this one-year challenge period, it may not be possible to obtain a
guaranty of clear title from a title company. Title companies may not
issue their policy of title insurance on property that was purchased through
tax-defaulted Public Auction, unless a quiet title action has been successfully
pursued in the courts, or in lieu thereof, quit claim deeds are acquired from
the former assessee or every lien holder. To learn more about quiet title
actions, you may consult with an attorney experienced in real estate
If a property is not redeemed, and
it is sold, the former owners of the property have the right to claim proceeds
remaining after the tax and assessment liens and the costs of sale are
satisfied. To claim the excess proceeds, you must be a “party of interest” as
defined by Section 4675 of the Revenue and Taxation Code.
A claim for excess proceeds must be
filed within ONE YEAR after the Tax Collector’s deed to the purchaser is
recorded. The law protects parties of interest by requiring that any assignment
to another person of the right to claim excess proceeds can be made only by
means of a dated, written document. The document must specifically state that
the right to claim excess proceeds is being assigned and that each party to the
transaction has informed the other of the value of the right being assigned.
If you have any questions concerning
redemption, the proposed sale of the property, or your right to claim excess
proceeds, call the Redemption Section between the hours of 8:00 a.m. and 5:00
p.m. at (209) 468-2133.
Updated November 18, 2013