|
Tax
Sale Auction * Terms of Sale
* FAQs
Frequently Asked Questions
about PROPERTY IS SOLD “AS
IS” (Click on
The
primary purpose of a tax sale is to collect taxes that have not been paid by
the property owner for at least five years. Offering property at public
auction achieves this by either selling the property or by forcing payment of
the property taxes. During those five years, the taxpayer has repeatedly been
offered payment plans and still has the ability to keep the property until
the day before the sale by paying the taxes in full. If the property is sold,
lienholders and the former owner may claim proceeds in excess of the taxes
and costs of the sale.
A public
auction or sealed bid sale is conducted pursuant to the California Revenue and
Taxation Code, beginning with Section 3691. The Code is available at most
public libraries and on the Internet at http://www.leginfo.ca.gov/calaw.html.
As a bidder, you are responsible to know the laws pertaining to tax auctions.
No. Legal
title to a tax-defaulted property subject to the Tax Collector’s power
to sell can be obtained only by becoming the successful bidder at the county
tax sale. Paying taxes on such property will only cause its redemption to the
assessed owner.
The law
requires the Tax Collector to attempt to notify the current owner(s), all
lienholders, and public agencies.
Yes. The
legally required notice of a tax sale is published in a publication within the
county three times in successive seven-day intervals before the tax sale. The
full list of properties is published in the Siskiyou Daily News. Portions of
the list are published in the Pioneer Press, Weed Press, Dunsmuir News and the Mt.
Shasta Herald.
The right
to pay the taxes in full to avoid the sale of the property ceases at the
close of business,
State law
dictates that the minimum bid on a tax-defaulted parcel offered by the Tax
Collector at public auction shall be no less than the total amount to redeem
the property plus costs.
All properties are sold as is. Be an informed bidder.
Prospective purchasers are urged to examine the title, location and desirability
of the properties available to their own satisfaction prior to the sale. The
County makes no guarantee, expressed or implied, relative to the title,
location or condition of the properties for sale. In addition, the County
assumes no responsibility, implied or otherwise, that the properties are in
compliance with zoning ordinances, mining and reclamation regulations,
conform to building codes and permits and/or any other applicable regulations
or permits. No government entity is liable for damages sustained to property
purchased at public auction, including from the time of the sale until the
recordation of the tax deed to the purchaser. All sales are final.
When we
become aware of properties on our sales list that are known or suspected to be
contaminated, we will identify these properties and the Lead Agency’s
name and address where all available information may be reviewed. DO NOT bid on these properties
unless you understand the issues related to contaminated properties. Prior to bidding, you should contact
your attorney regarding the possible purchase of contaminated properties.
A title
search initiated at the purchaser’s expense should reveal any liens or
encumbrances of record on a property in the tax sale. Per Revenue and
Taxation Code Section 3712: “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.
(1) 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. (2) d.
Easements, constituting servitude 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. (3) 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.”
Vacant land
(which accounts for most properties offered at this tax sale) may or may not
have a street (situs) address. The County Assessor’s plat maps and map
books can determine its approximate geographical location. Improved
properties frequently (but not always) will bear a street address, making it
easier to determine the general location. Exact boundary lines of a property
can be determined only by a survey of the property undertaken at the
purchaser’s expense. Assessor’s plat maps may be downloaded from
the bid4assets.com website or may be purchased from the County
Assessor’s office and/or Tax Collector’s office.
No
expressed or implied warranty is given with respect to the parcels, and they
are sold on an “as is basis”. Bidders are responsible for knowing
what they are purchasing. The Planning Department (1-888-854-2000 ext. 8200)
can provide zoning, General Plan designation, water source and other information.
Examine the County Recorder’s records for any recorded easements on a
property.
Check the Bid4Assets.com website, the
Siskiyou County website www.co.siskiyou.ca.us,
or call the Siskiyou County Tax Collector’s office at 1-888-854-2000
ext 8340 or 530-842-8340. The right of redemption terminates at 5:00 PM PDST
on May 8, 2009.
Bid4Assets.com
will register bidders. Full instructions will be available on the website www.bid4assets.com (see answer to question
15). Siskiyou County will require a single $1,000.00 bid deposit to be
eligible to bid on any and all Siskiyou County delinquent properties. Bidders
are advised to arrange for their deposits early to make sure that they are
eligible to bid. Although you may fax offline bid
forms from the Tax Collector’s Office during normal business hours, the
Tax Collector’s Office does NOT register bidders, nor accept bids, and
all questions pertaining to registration or bidding should be directed to
Bid4Assets.com.
All
parcels will be sold by Auction ID. Minimum bids will be as stated per parcel
and each raise will be in increments of at least $100 until the close of the
auction on May 12, 2009 at stated time on Bid4Assets.com website. For a more
detailed explanation of the bidding process, log on to www.bid4assets.com,
click on “How to Buy/Sell” on the right side of the home page,
then click on “How to Bid”. You may also bid by fax if you do not
have access to the Internet. More information and instructions are available
by calling 1-877-427-7387.An
autobid (or proxy) saves you time and money. An autobid authorizes Bid4assets
to bid $100 above any competing bid, up to, but not exceeding the maximum
dollar amount that you are willing to pay. In other words, your bid will
automatically increase ONLY as other bidders participate, up to your
specified maximum amount. This
enables you to continually bid without having to constantly monitor the
auction.
Successful
bidders must pay by cashier’s check or wire transfer, and payment must be received by three (3) business days after a subsequent sale closes. In
addition to the purchase price, the documentary stamp tax ($0.55 per $500 of
the purchase price) is required. Only a successful bidder has the opportunity
to purchase County assets. If the successful bidder defaults, under California
State Law, the County cannot resort to the second highest bidder, and will be
required to take appropriate legal action against the bidder who defaults.
The
vesting on the Tax Deed will be as shown on the Deed Information form you
will receive as a successful bidder. We cannot advise you in this area but
some of the most common ways in which property is vested are listed below. You
may wish to consult an attorney. If you would like the property to be deeded
to a trust, we would need the name, date and trustees of the trust. ·
A Single Man ·
A Single Woman ·
An Unmarried Man ·
An Unmarried Woman ·
A Married Man ·
A Married Woman ·
A Widower (Man) ·
A Widow (Woman) ·
Husband and Wife as Joint Tenants ·
Tenants In Common ·
A Married Man as His Sole and Separate Property ·
A Married Woman as Her Sole and Separate Property ·
A Corporation ·
A Public Agency
The
successful bidder may generally take
possession of a property immediately after making payment in full and the tax
deed to the purchaser has been recorded. Tax deeds are recorded within two
weeks after payment.
This is a
civil matter that could involve eviction proceedings or a disposition of
personal belongings. You may wish to seek private legal advice for more
information.
The former
owner 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, 3725 and 3726).
During this one-year challenge period, it may not be possible to obtain a
clear title from a title company. Occasionally, a quiet title action is
necessary if there has been an irregularity in the title prior to the tax
sale. In the event that the former owner is successful at overturning the
sale, the sale price would be returned to the purchaser, but any improvements
made to the property would not be reimbursed to the person that made them.
The
owner’s right to redeem the property revives if not sold. The unsold
properties will be offered at subsequent tax sales until redeemed or sold.
Properties cannot be purchased directly from the county because the property
must be sold at auction.
Due
diligence and specific information on each parcel will be available on
Bid4Assets.com. Please review this information before you contact the
offices involved so you can ask informed questions. Our
staff would like to help you as much as possible. Please be aware that we
cannot answer legal questions. If you have questions of a legal nature, you
should contact a title company or an attorney.
Be sure
you want the property before you bid. ALL SALES ARE
FINAL AND THERE ARE ABSOLUTELY NO REFUNDS. If you default, under
California State Law, the County cannot resort to the second highest bidder
and will be required to take legal action against you. Failure to consummate
the sale within the specified time shall result in the forfeiture of any
deposit made and all rights that the purchaser may have had with respect to
the property. Failure to consummate the sale will also bar the bidder from
participating in future tax sales for that county. RULES ARE SUBJECT TO MODIFICATION
BETWEEN NOW AND COMMENCEMENT OF SALE PROPERTY IS SOLD “AS
IS” Tax
Sale Auction * Terms of Sale
* FAQs Treasurer/Tax
Collectors Homepage ~ Transient Occupancy Tax
~ Tax Collection ~ Treasury Contact Siskiyou County Treasurer - Tax Collector's
Office |
