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:
||November 16, 2016 |
||10:00 a.m. (Registration will begin at 9:00 a.m. on the 1st floor) |
|| San Joaquin County Administration Building
44 N. San Joaquin Street, Suite 627
Stockton, CA 95202
||(209) 468-2133 or firstname.lastname@example.org |
There is no pre-registration. Registration will be conducted at the Public 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 Public 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 November 16, 2016 through December 5, 2016. No cash is accepted. Successful bidders must settle their purchase at the time of the sale or immediately after the Public 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 Section at (209) 468-2133 two weeks prior to the Public 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. The County is not liable for known or unknown conditions of the property, including, but not limited to, contamination or errors in the Assessor's records pertaining to improvement of the property. Refer to Section 3692.3 of the California Revenue and Taxation Code regarding property conditions sold at a Tax Sale.
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:
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 Public 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 Public 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 announced at the tax sale prior to being offered.
Encumbrances (Liens on Property)
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.
Current secured property taxes for 2016-2017 are not included in the minimum bid amount. It is the successful bidder's responsibility to see that the taxes are paid timely 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 chapter.
- 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.
- Easements of any kind, including prescriptive, 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.
- 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 Public Auction and may be re-offered within 90 days without additional publication. If all properties cannot be offered on the day of the Public 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 Public 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 November 16, 2016 through December 6, 2016.
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 deed.
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 transactions.
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 September 27, 2016