IMPORTANT
PUBLIC AUCTION INFORMATION
Updated 11/15/07
Frequently
Asked Questions (FAQ)
SAN JOAQUIN COUNTY
TAX COLLECTOR
Thank you for your
inquiry regarding the San Joaquin County Tax Collector’s Public Auction.
Attached is a list of properties that will be offered at auction on November 14, 2007 at 10:00 a.m., registration begins at 9:00 a.m. at the
The owners of the listed properties have until 5:00
p.m. November 13, 2007 to redeem their defaulted taxes and remove their
property from our auction. There is no extended right of redemption in the
State of
Properties offered
at a tax sale are offered on an “AS IS”
basis. Tax sales are a buyer beware sale. Purchasers are advised to read
the information provided and investigate each property you are interested in
purchasing before you buy.
REGISTRATION
There is no
pre-registration. Registration will be conducted at the auction site beginning
at 9:00 a.m. on the day of the sale. A Driver’s License or other type of
identification along with evidence of ability to pay is required to register to
bid at the auction. A bidder 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.
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 cashiers check or money order. Personal checks
will be accepted 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. Cash will
NOT be accepted.
If you require
special accommodations at the public auction site, please contact the
Redemption Tax Section at (209) 468-2133 two (2) weeks prior to the auction
date.
COMBINATION
OF PARCELS
Items grouped in a
lot are offered as a grouping. 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. The lots are listed in the
comment section of the auction list.
BIDDING
Properties will be
offered in the order listed. If no bid is received, the parcel will be
re-offered at the next auction. If all properties cannot be offered today, the
sale will be continued to a date to be announced.
This is an oral
public auction requiring verbal bids on the properties. 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 bidders wish to expedite the sale.
The auctioneer may announce the bids on certain properties be bid in higher
increments than $100.00.
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.
Properties not sold will be auctioned at the next tax
sale.
SUCCESSFUL BID
Upon the final bid
for each item, the successful bidder 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.
Please print clearly.
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 cashiers check or money order. Personal checks will be accepted 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.
A Documentary
transfer tax will be collected in addition to the amount of the bid at the rate
of sales price times .0011.
On the day of the
sale the FY2007-08 Secured Property tax bill will be presented to the new
owner. This current year tax bill is not
included in the bid price.
REFUNDS
No refunds will be
made at the time of sale. All refunds for overpayments made by cashiers check
or money order will be issued by a County warrant within fifteen (15) working
days following the date of sale.
RECEIPTS
A Receipt of payment
showing all deeding information will be completed at the time of payment. The
receipt should be checked carefully for any errors in the deeding information
so that the purchaser may notify the Tax Collector of corrections before the
recording of the tax deeds.
TAX DEED
A tax deed will be issued to the purchaser within 60
days of the auction. Should title to the property you purchased be recorded
incorrectly due to your failure to provide the correct information, it will be
your responsibility to correct the title.
PROPERTY
INSPECTION
Research and
investigate the property before you buy.
Properties offered at a tax sale are offered on an “As
Is” basis. The County in no way assumes 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 you buy. (i.e. Recorder’s Office, Planning Department, 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.
CODE
VIOLATIONS
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.
Please see the attached copy of frequently asked questions about the
auction.
CONTAMINATED PARCELS
Parcels offered for sale may contain hazardous wastes, toxic
substances, or other substances regulated by federal, state, and local
agencies. The County in no way assumes any responsibility, implied or
otherwise, that the parcels are in compliance with federal, state, or local
laws governing such substances. The
County in no way assumes 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)
The following is a copy of the Revenue and Taxation Code 3712.
Title Conveyed. This section informs you of any encumbrances that are not
satisfied at the time of your purchase.
A. 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:
(a) Any lien for
installments of taxes and special assessments, which installments will become
payable upon the secured roll after the time of the sale.
(b) The lien for taxes
or assessments or other rights of any taxing agency which does not consent to
the sale under this chapter.
(c) 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.
(d) Easements constituting servitudes 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.
(e) 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.
(f) 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.
(g) 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. Note: A
title search initiated at the prospective purchaser's expense should reveal any
liens or encumbrances on a property in the tax sale.
(h)
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.
MOBILE HOMES
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.
PARCEL MAPS
Parcel maps are available for inspection and/or purchase prior to the
tax sale in the Assessor’s Office, 24 S. Hunter St. Room 303,
TITLE
INSURANCE
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 (Revenue
and Taxation Code 177 and 3725). 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 transactions.
Sales are final. Legal action will be taken if
any successful bid is revoked.
Information regarding State of
www.sco.ca.gov/col/taxinfo/tcs/pubauctions
If you have any
additional questions, please contact the Redemption Tax Section at (209)
468-2133.