OFFICE
OF SHABBIR A. KHAN
Treasurer & Tax Collector
(209) 468-2133 Fax (209) 468-2158
IMPORTANT
PUBLIC AUCTION INFORMATION
Updated
6/5/2009
Frequently
Asked Questions (FAQ)
SAN
JOAQUIN COUNTY TAX COLLECTOR’S PUBLIC AUCTION – May 28, 2009
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 May 28, 2009 at 10:00 a.m., registration
begins at 9:00 a.m. at the (Click
for map)Robert J. Cabral Agricultural Center,
2101 E. Earhart Ave., Stockton, CA. Registered bidders
will be seated first; observers will be seated only if space is available.
The owners of the listed properties have until 5:00
p.m. May 27, 2009 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.
The current 2008/2009 tax bill and any current
supplemental bills are included in the minimum 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.
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, that 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 that does
not consent to the sale under this chapter.
(c)
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.
(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) 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.
(g)
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.
(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, 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.
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.