2007 California Revenue and Taxation Code Chapter 1.3. Distribution Of Proceeds From Sale Of Tax-deeded Property

CA Codes (rtc:4671-4676)

4671.  As used in this chapter, "taxes" includes all liens
determined by the application of an ad valorem tax rate which were,
at the time of declaration of default, included in the amount
necessary to redeem the property under Chapter 1 (commencing with
Section 4101) of Part 7.



4671.3.  As used in this chapter, "assessments" includes all liens
other than taxes which were, at the time of declaration of default,
included in the amount necessary to redeem the property under Chapter
1 (commencing with Section 4101) of Part 7, and included in the
amount necessary to redeem the property from sale to any taxing
agency entitled to share in the proceeds.



4672.  (a) There shall be distributed to the State of California, to
be placed in the General Fund, one dollar and fifty cents (.50)
for all or any portion of each separately valued parcel of real
property that is both subject to a power of sale pursuant to Section
3691 and sold to private parties or to a taxing agency.
   (b) The one dollar and fifty cents (.50) required to be
distributed, pursuant to subdivision (a), shall be paid from the
total proceeds of the sale.  If the total amount of proceeds from the
sale is insufficient, the one dollar and fifty cents (.50) shall
be reduced accordingly.



4672.1.  (a) There shall be distributed to the county general fund
to reimburse the county for the cost of conducting the sale, one
hundred fifty dollars (0) for all or any portion of each
separately valued parcel of real property subject to a power of sale
pursuant to Section 3691 and sold to private parties or to a taxing
agency.
   (b) The one hundred fifty dollars (0) required to be
distributed pursuant to subdivision (a), shall be paid from the total
proceeds of the sale only after satisfaction of the amount specified
in Section 4672.  If the amount of proceeds from the sale is
insufficient, the one hundred fifty dollars (0) shall be reduced
accordingly.



4672.2.  There shall be distributed to the county general fund to
reimburse the county for the cost of giving notice pursuant to
Section 3701 thirty-five dollars () for all or any portion of each
separately valued parcel of real property subject to a power of sale
pursuant to Section 3691 and sold to private parties or to taxing
agencies.  Thirty-five dollars () for property sold shall be paid
from the total amount to be distributed after satisfaction of the
amounts specified in Sections 4672 and 4672.1.  If the amount is
insufficient, the thirty-five dollars () shall be reduced
accordingly.


4672.3.  (a) To reimburse the county for the costs of a personal
contact, there shall be distributed to the tax collector a sum equal
to the total amount of costs of the tax collector, but not to exceed
one hundred dollars (0), incurred in conducting the personal
contact pursuant to Section 3704.7, for all or any portion of each
separately valued parcel of real property subject to a power of sale
and sold to private parties or a taxing agency.
   (b) The amount of the costs shall be paid from the total amount to
be distributed from the sold property, after satisfaction of the
amount specified in Section 4672. If, after satisfaction of the
amount specified in Section 4672, there is insufficient funds to pay
the costs specified in subdivision (a), the costs shall be reduced
accordingly.



4673.  Amounts to reimburse the county for the cost of advertising
sales of tax-defaulted property shall be distributed to the county
general fund as provided in Section 3719.



4673.1.  After satisfaction of the amount specified in Sections
4672, 4672.1, and 4673, the proceeds shall be distributed as follows:

   (a) An amount of the proceeds up to but no greater than the amount
required, at the time of sale, to redeem the property from tax
default and the sale to any taxing agency entitled to share in the
proceeds shall be distributed as follows:
   (1) A pro rata share shall be distributed to each assessment fund
in an amount bearing the same proportion as the assessment due each
fund bears to the total amount of taxes and assessments necessary to
redeem the property at the time of sale.
   (2) The remaining balance of the proceeds to be distributed under
this section shall be distributed to each tax fund in an amount
bearing the same proportion to the balance remaining as the tax rate
for each fund bears to the total tax rate applicable to the property
for the fiscal year preceding that in which the property was sold.
   (b) After satisfaction of the amounts specified in subdivision
(a), an amount of the proceeds necessary to satisfy current taxes and
assessments and applicable penalties and costs thereon for the
fiscal year in which the tax sale is held shall be distributed as
provided in Chapter 1a (commencing with Section 4653) of this part.
Current taxes and assessments referred to herein include taxes and
assessments which would have been levied on the property if the
property were not tax-deeded to any taxing agency and remains subject
to sale by, or redemption from, the taxing agency.



4674.  Any excess in the proceeds deposited in the delinquent tax
sale trust fund remaining after satisfaction of the amounts
distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1
shall be retained in the fund on account of, and may be claimed by
parties of interest in the property as provided in, Section 4675.  At
the expiration of one year following the recordation of the tax deed
to the purchaser, any excess proceeds not claimed under Section 4675
shall be distributed as provided in paragraph (2) of subdivision (a)
of Section 4673.1, except prior to the distribution, the county may
deduct those costs of maintaining the redemption and tax-defaulted
property files, and those costs of administering and processing the
claims for excess proceeds, that have not been recovered under any
other provision of law.



4675.  (a) Any party of interest in the property may file with the
county a claim for the excess proceeds, in proportion to his or her
interest held with others of equal priority in the property at the
time of sale, at any time prior to the expiration of one year
following the recordation of the tax collector's deed to the
purchaser.
   (b) After the property has been sold, a party of interest in the
property at the time of the sale may assign his or her right to claim
the excess proceeds only by a dated, written instrument that
explicitly states that the right to claim the excess proceeds is
being assigned, and only after each party to the proposed assignment
has disclosed to each other party to the proposed assignment all
facts of which he or she is aware relating to the value of the right
that is being assigned.  Any attempted assignment that does not
comply with these requirements shall have no effect.  This paragraph
shall apply only with respect to assignments on or after the
effective date of this paragraph.
   (c) Any person or entity who in any way acts on behalf of, or in
place of, any party of interest with respect to filing a claim for
any excess proceeds shall submit proof with the claim that the amount
of excess proceeds has been disclosed to the party of interest and
that the party of interest has been advised of his or her right to
file a claim for the excess proceeds on his or her own behalf.
   (d) The claims shall contain any information and proof deemed
necessary by the board of supervisors to establish the claimant's
rights to all or any portion of the excess proceeds.
   (e) No sooner than one year following the recordation of the tax
collector's deed to the purchaser, and if the excess proceeds have
been claimed by any party of interest as provided herein, the excess
proceeds shall be distributed on order of the board of supervisors to
the parties of interest who have claimed the excess proceeds in the
order of priority set forth in subdivisions (a) and (b).  For the
purposes of this article, parties of interest and their order of
priority are:
   (1) First, lienholders of record prior to the recordation of the
tax deed to the purchaser in the order of their priority.
   (2) Second, any person with title of record to all or any portion
of the property prior to the recordation of the tax deed to the
purchaser.
   (f) In the event that a person with title of record is deceased at
the time of the distribution of the excess proceeds, the heirs may
submit an affidavit pursuant to Chapter 3 (commencing with Section
13100) of Part 1 of Division 8 of the Probate Code, to support their
claim for excess proceeds.
   (g) Any action or proceeding to review the decision of the board
of supervisors shall be commenced within 90 days after the date of
that decision of the board of supervisors.



4675.1.  The board of supervisors of any county may, by resolution,
authorize any county officers to perform on its behalf any act
required or authorized to be performed by the board of supervisors
under Section 4675.
   The resolution shall enumerate the section, or those portions of
the section, to which the authorization is to apply, and shall
specify administrative rules and procedures concerning any act
performed under the authorization.
   The resolution shall require that the county auditor record each
act performed under the authorization.
   The resolution may provide for review by the board of supervisors
of any act performed under the authorization, or for periodic reports
to the board of supervisors of any or all acts performed under the
authorization, or both.


4676.  (a) When excess proceeds from the sale of tax-defaulted
property exceeds one hundred fifty dollars (0), the county shall
provide notice of the right to claim the excess proceeds, as provided
in this section.
   (b) No later than 90 days after the sale of the property, the
county shall mail written notice of the right to claim excess
proceeds to the last known mailing address of parties of interest, as
defined in Section 4675. The county shall make a reasonable effort
to obtain the name and last known mailing address of parties of
interest.
   (c) If the last known address of a party of interest cannot be
obtained, the county shall publish notice of the right to claim
excess proceeds in a newspaper of general circulation in the county.
The notice shall be published once a week for three successive weeks
and shall commence no later than 90 days after the sale of the
property.
   (d) The cost of obtaining the name and last known mailing address
of parties of interest and of mailing or publishing the notices
required under this section shall be deducted from the excess
proceeds and shall be distributed to the county general fund.