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Public Auction of Tax-Defaulted Property

Date: August 24, 2006
Time: 9:00 a.m.
Place: Sonoma County Board of Supervisor's Chambers
575 Administration Drive, Room 102A
Santa Rosa, California 95403

This page was last updated on April 19, 2011 2:40 PM

 

Item
Assessment No.
Last Assessee
Minimum Bid
Status
1
001-011-022
City of Cloverdale
Hassett Gordon W & Vivian L
$1,800.00
Sold $3800.00
2
002-344-015
City of Healdsburg
Ikola Ruth M Tr
$7,100.00
Redeemed
3
018-392-012
City of Sonoma
Hegelein Bruce A & Katherine D
$7,000.00
Redeemed
4
034-360-077
City of Santa Rosa
Knecht Joan Doris
$15,600.00
Redeemed
5
056-425-003
Jelinek William H et al
$33,900.00
Redeemed
6
063-191-009
Casini Arthur & Linda
$31,600.00
Redeemed
7
069-260-036
Starflight Corporation
$2,800.00
Withdrawn/
Ch. 8
8
070-220-040
Graham Mark A
$4,000.00
Redeemed
9
070-300-011
Russian River Productions Inc
$21,100.00
Redeemed
10
070-300-061 fm pt of 070-300-040
Walsh Vincent P & Dorothy C
$109,900.00
Withdrawn
11
071-050-078
Sandhu Iqbal & Rajinder
$2,400.00
Withdrawn/
Ch. 8
12
071-230-066
Andrade Salvatore & Hortensia
$1,800.00
Withdrawn
13
072-230-007
Shortall John Michael et al
$4,500.00
Sale Cancelled
14
075-040-011
Camp Meeker Water System Inc
$3,100.00
Withdrawn
15
075-040-012
Camp Meeker Water System Inc
$2,600.00
Withdrawn
16
075-130-009
Camp Meeker Water System Inc
$5,100.00
Withdrawn
17
075-130-024
Camp Meeker Water System Inc
$2,100.00
Withdrawn/
Ch. 8
18
075-142-008
Camp Meeker Water System Inc
$2,000.00
Withdrawn/
Ch. 8
19
075-163-001
Camp Meeker Water System Inc
$5,200.00
Withdrawn/
Ch. 8
20
075-300-004
Camp Meeker Water System Inc
$2,100.00
Withdrawn/
Ch. 8
21
076-071-019
Blaha Carol Julia
$19,000.00
Redeemed
22
077-190-011
Devera Narayan
$5,100.00
Redeemed
23
094-063-004
Kendall Sandra Est of et al
$11,500.00
Redeemed
24
095-022-040
Broadhacker Fred E et al
$1,800.00
Sold $9,000.00
25
095-133-001
Sandhu Iqbal & Rajinder
$2,000.00
Sold $8,600.00
26
101-060-035
Henry Chris
$4,800.00
Redeemed
27
101-120-007
Mc Adams Art
$900.00
Redeemed
28
101-120-009
6083 Bodega Highway LLC
$11,100.00
Sold $11,300.00
29
122-430-011
Levin Daniel H & Diane E
$49,300.00
Redeemed
30
125-481-009
Kuhne Carl Joseph & Katherine E
$17,300.00
Redeemed
31
131-100-006
Peavler James D et al
$12,500.00
Redeemed
32
134-051-016
Neve Robert J & Corinna K
$36,300.00
Redeemed
33
144-700-039
Bray George C Est of
$1,600.00
Redeemed
34
182-540-030
OBrien Laura J
$20,600.00
Redeemed

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General Terms & Conditions

Properties in Sonoma County that are subject to sale at public auction for non-payment of property taxes must be offered for sale within four years of the time the property becomes subject to the Treasurer-Tax Collector’s power to sell (Revenue and Taxation Code Section 3692(a)).  The Treasurer-Tax Collector is responsible for the administration of these sales.  Pursuant to the Revenue and Taxation Code and the written approval of the Sonoma County Board of Supervisors.  Licensed salesmen, brokers or realtors, should not in anyway equate the sale of this property to real estate sales.

Mailed or sealed bids cannot be accepted for this oral, public auction sale.  You or your notarized agent must be present at the auction to bid on the properties.

The right of redemption on a parcel ceases at 5:00 p.m. on the last business day prior to the sale.

The Tax Collector does not provide the purchaser with a title insurance policy.  Many title companies may not issue their policy of title insurance on a Tax Deed to Purchaser of Tax Defaulted Property for one year, unless a quiet title action has been successfully pursued in the courts, or quit claim deeds are acquired from the former owner and all lien holders.  You are encouraged to consult with the title company of your selection.

If property you have purchased is encumbered with foreclosed or unforeclosed street bonds, irrigation assessments, income tax liens, etc., a Tax Deed to Purchaser of Tax Defaulted Property may or may not discharge these obligations.  A Tax Deed to Purchaser of Tax Defaulted Property will not abolish easements constituting servitudes upon, or burdens to, the property.   A complete investigation of all these encumbrances, and/or all liens should be made before attending the tax sale.

The Internal Revenue Service (IRS) has the option of redeeming after sale, up until 120 days, any property on which there is an IRS lien recorded. The IRS must pay the actual amount paid for the property by the purchaser plus 6% per annum interest from the date of the sale.

Physical inspection of the property is recommended by the Tax Collector’s Office prior to your purchase.  The County of Sonoma makes no guarantee, expressed or implied, relative to the title, location, or condition of the properties for sale, nor do we make any assurances that the improvements, which may be shown on the tax assessment roll, exist at the time of your purchase.  The Tax Collector’s Office has disclosed all information of record regarding contaminated or possible contaminations of the property.  The Tax Collector’s Office makes no inspection or warranty regarding possible contamination.  Any personal property, such as mobile homes or equipment on the property, is not part of the sale.  All parcels will be sold “As Is”.  This is a “Buyer Beware” situation and all sales are final.

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Payment

We will accept only cash, traveler’s check, cashier’s check, personal check, or certified check.  All checks should be made payable to the Sonoma County Tax Collector; however, cashier’s checks or certified checks made payable to the purchaser should be endorsed over to the Sonoma County Tax Collector, in payment of a successful purchase.  This will allow the purchaser to negotiate those checks not used.

After each parcel is offered, the successful bidder must pay the full purchase price to the Treasurer-Tax Collector at the close of the sale.  No financing is available.

The Documentary Stamp Act requires the payment of a “Transfer Tax” at the rate of .55 cents for each $500 or fractional part thereof when the bid exceeds $100.  Parcels located within incorporated cities may have an additional city transfer tax.  The transfer tax will be collected at the time the purchase price is paid in full.

There are no refunds on any purchase and all sales are final.  Any cancellation of payment will be handled as a civil matter, but will not rescind the sale.

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Tax Deed to Purchaser

The successful bidder may take possession of a property after the Tax Deed to Purchaser has been recorded.  However, most title companies will not insure the title until one year after the tax sale deed is recorded.  Quiet title action may be needed.  Legal action to challenge a tax sale must be brought within one year of the recording of the tax deed.

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, which 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, which does not consent, to the sale under this chapter.
  • 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.
  • 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.
  • 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) 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.
  • Any federal Internal Revenue Service liens* which, pursuant to provision 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 Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, or 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.

Deeds will be recorded and mailed within 10 days after the sale to the successful bidders.

* Note:  The County assumes no liability for any other possible liens, encumbrances or easements, recorded or not recorded.  When property is sold at Public Auction on which the IRS holds a tax lien, the United States has the right of redemption for 120 days from the date of such sale (26 USC §§ 3712(g) and 7425(d)).  The IRS will pay the actual amount paid for the property by the bidder, plus interest at 6% per annum from the date of the sale, plus the expense of sale that exceed any income received from the property.

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General Procedures

  • Prospective bidders will be required to register the morning of the sale beginning at 8:00 a.m.  The Sale will begin at 9:00 a.m.  The registration will include name, address, phone number and statement as to how title will be held in the case of a successful bid.  Each registered bidder will be given a numbered bid paddle.  Bids will not be accepted from individuals who have not pre-registered and received a bid paddle.  There is no fee to register.
  • We will accept only cash, traveler’s checks, cashier’s check, personal check or certified check.
  • All parcels will be sold by item number in the order listed.
  • All properties selling for over $100 will have documentary transfer tax added to the selling price (.55 per $500).  This will be computed when the buyer makes payment.
  • Successful bidders must submit payment immediately at the close of the sale.  No financing is available.
  • Refunds will be made on County checks in cases where the amount paid is in excess of the purchase price.  Issuance may take up to six weeks.
  • This will be an oral public auction.  No written bids will be accepted.
  • Minimum bids will be stated per parcel and bids will be raised in increments of $100 (or more) by the auctioneer.  No bids from the floor will be accepted.
  • Once you are awarded the final bid, the property is yours, and you should have researched it before placing a bid.
  • A receipt will be issued to the successful bidder.  A tax deed to purchaser of tax-defaulted property will be recorded and a copy mailed within 10 days of the sale.
  • Most title companies will not insure title for one year after the recording of the tax deed.  Quiet Title action may be needed.  The deeds issued exonerate the property from all delinquent taxes, all liens except those of the Federal Government, easements and special assessments (1915 Act). Legal action to challenge a tax sale must be brought within one year of the recording of the tax deed.

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Questions and Answers 

 The following are typical questions and answers and may assist you in understanding Auction/Bidding procedures.  If you have additional questions, please contact the Tax Collector’s Office (taxcollector@sonoma-county.org)

Q. Can I mail or submit a sealed bid for a property in the auction?

A. No.  The public auction requires your presence, or that of your notarized representative, to verbally bid upon the properties.

Q. Can I obtain a property available at the tax sale by paying the delinquent taxes thereon prior to the tax sale date?

A. No. Legal title to 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.

Q. How do I find or see a property I’d like to bid on at the tax sale?

A. While we try to give all possible assistance in helping prospective purchasers to pinpoint a property location, vacant land usually has no address.  Its approximate geographic location can be determined through the use of county assessor plat maps and perhaps, a map book.  Exact boundary lines of a property can be determined only by a survey of the property initiated at the purchaser’s expense.  Improved properties frequently (but not always) will bear a situs (street) address.

Q. How can a bidder pay for a property at the tax sale?

A. Payment must be made at the time of sale in cash, traveler’s check, cashier’s check, personal check or certified check.  Any cancellation of payment will be handled as a civil matter, but will not rescind the sale.

Q. Do liens or encumbrances on a tax-defaulted property transfer to the new owner after purchase of the property at a tax sale?

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 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.

h) Unpaid special taxes under Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, or 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.

A title search initiated at the prospective purchaser’s expense should reveal any liens or encumbrances on a property in the tax sale.

Q. When does the right to redeem a tax defaulted parcel, subject to power to sell, cease?

A. The right to redeem a tax-defaulted parcel subject to the power to sell ceases at the close of business on the last business day prior to the sale.

Q. How can I determine what use I can make of a tax sale property before I purchase it?

A. Consult the zoning department of any city within which a property lies or the zoning section of the county department of planning and land use for a parcel in an unincorporated area (i.e., not lying within a city boundary) regarding use of the parcel.  Examine the county records for any recorded easements on a property.  You can also order a title search report from a local title insurance company.

Q. How soon can I take possession of a property after my purchase at the tax sale?

A. You should consult an attorney.  Generally, the successful bidder may take possession of a property after making payment in full and complying with any conditions set forth between the tax collector and the successful bidder.

Q. How is the minimum price on a property offered at a tax sale determined?

A. State law dictates that the minimum price for a tax-defaulted parcel offered at a public auction for the first time shall be no less than the total amount necessary to redeem, plus costs.  The minimum bid on a parcel may be set at a greater amount at the Tax Collector’s discretion.

Q. Is a tax sale publicly advertised?

A. Yes.  State law dictates that notice of a tax sale must be published once a week for three successive weeks in a newspaper of general circulation.  A list of available properties will be published in the local Press Democrat three times, once weekly, one month prior to the auction.

Q. How will title in the deed to the purchaser be vested?

A. Title is vested in the name of the actual purchaser at the sale.  If title is to be vested differently, we require a notarized letter from the individual for whom you are acting as an agent, stating the manner in which title is to be vested.

Q. What type of document is issued at the sale?

A. A receipt will be issued at the time of sale.  A tax deed is forwarded to the successful bidder approximately 10 days after the sale.

Q. What are the foreclosure and eviction processes and will the county handle these processes for a fee?

A. No, the county does not handle the foreclosure or the eviction process.  The property is sold “as is” and buyers assume all ownership responsibilities.

Q. Do you allow individuals to purchase Tax Lien Certificates?

A. The county does not currently sell tax lien certificates.

PARCELS ARE SOLD ON AN “AS IS” BASIS AND SONOMA COUNTY ASSUMES NO RESPONSIBILITY, IMPLIED OR OTHERWISE, THAT THE PROPERTIES ARE IN COMPLIANCE WTH ZONING ORDINANCES, CONFORM TO BUILDING CODES AND PERMITS OR THE SITUS ADDRESS.  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

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Minimum Bids

The following are guidelines used in determining the minimum bid for the properties offered for sale:

The minimum price at which property may be offered for sale pursuant to Section 3698.5 of the California Revenue and Taxation Code shall be an amount not less than the total amount necessary to redeem, plus costs.

The “total amount necessary to redeem” is the sum of the following:

  • All unpaid defaulted taxes
  • Delinquent penalties
  • Redemption penalties
  • A redemption fee of $15.00
  • Additional Costs as described in the following Revenue and Taxation Codes:

    Section 4112(a)(b)
    A fee in an amount reasonably necessary to reimburse the tax collector shall be distributed to the general fund to reimburse the county for its costs of obtaining names and last known mailing addresses of and for mailing notices required by Section 3701, to parties of interest.

    Section 4672
    There shall be distributed to the State of California $1.50 for any portion of each separately valued parcel of real property.

    Section 4672.1
    There shall be distributed to the county general fund to reimburse the county for the cost of conducting the sale $150.

    Section 4672.2
    There shall be distributed to the county general fund to reimburse the county for the cost of giving notice $35.

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

    Section 3704.7(c)
    Up to $100 for each parcel that is a primary residence for the last known assessee.  Indicators of this condition include a valid homeowner’s exemption or evidence showing that the mailing address on the tax bill is the same as the situs.
     

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Rights of Parties of Interest

To claim the excess proceeds from the sale of tax defaulted property you must be a “party of interest” as defined by Section 4675 of the Revenue and Taxation Code.

Your claim for excess proceeds must be filed within ONE YEAR after the tax collector’s deed to purchaser is recorded. By law, claims filed after the one-year period cannot be accepted.

The law protects parties of interest by requiring assignments 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.

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Important Information

Research Before You Invest

The sale of these properties should not, in any way, be equated to real estate sales by licensed salesmen, brokers and realtors.  The County Treasurer/Tax Collector cannot guarantee the condition of the property nor assume any responsibility for conformance to codes, permits or zoning ordinances.

You should inspect the property before investing.  The burden is on the purchaser to thoroughly research before the sale , any matters relevant to his or her decision to purchase, rather than on the county, whose sole interest is the recovery of back taxes. Any research on these properties will need to be facilitated by the purchaser.  The county offices provide information via microfiche, microfilm, and/or computer terminals, which may be used during regular business hours.

It is recommended that bidders consult with the Zoning Department of any city within which a particular parcel lies, or the Zoning Section of the County Planning Department for an unincorporated area parcel.

Should the successful purchaser desire a survey of the property, this must be done at the purchaser's own initiative and expense.    No warranty is made by the county, either expressed or implied, relative to usability, the ground location, or property lines of the properties.  The exact location, desirability and usefulness of the properties must be determined by the prospective purchaser prior to the sale.

Tax-defaulted property will be sold on an "as is" basis.  This is a “Buyer Beware” situation and ALL SALES ARE FINAL.

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