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The right to claim excess proceeds expires one year from the recording date provided for each property. Please check the listings above for applicable recording dates. The recorded Tax Deed document number is provided for your reference. Copies of the recorded documents, including information on the purchaser, can be obtained through the Office of the Clerk-Recorder through their online services at https://cr.ocgov.com/recorderworks/.
The Treasurer-Tax Collector annually offers for sale, real property located in the County of Orange. This property has become subject to the Tax Collector’s Power to Sell due to non-payment of at least one property tax installment that has been delinquent for five or more years. The sale of “Tax-Defaulted Property Subject to Power to Sell” is conducted by the Treasurer-Tax Collector pursuant to the provisions of the Revenue and Taxation Code 3691. The Treasurer-Tax Collector DOES NOT offer tax lien certificates, or accept over the counter sales.
Instructions For Filing A Claim For Excess Proceeds
Pursuant to California Revenue and Taxation Code Section §4675, any party of interest in a property sold at public auction 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. Parties of interest and their order of priority are:
First, lien holders of record prior to the recordation of the tax deed to the purchaser in the order of their priority.
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.
In order to make a claim for the excess proceeds, please complete the Excess Proceeds Claim Form along with documentation to support your claim as follows:
If you are a party of interest as defined in (a) above, attach a copy of the trust deed or other evidence of lien or security interest which sets forth the original amount of the lien or interest, the total amount of payments received reducing the original amount of the lien or interest, and the amount still due and payable as of the date of sale of the tax-defaulted property auction held by the Tax Collector.
If you are a party of interest as defined in (b) above, attach copies of all documents (e.g. deed, death certificate, will, court order, etc.) supporting your claim.
In order for the Excess Proceeds Claim to be considered by the Orange County Tax Collector, claims must be received by the Tax Collector on or before the expiration of one year following the date of recordation of the deed to purchaser. If a claim is approved, the Orange County Auditor-Controller will issue a check for payment. By law, the Auditor-Controller cannot issue a check for payment of an approved claim until 90 days following the action taken by County Counsel if multiple claims are received.
Please mail completed forms and supporting documentation to:
Orange County Treasurer-Tax Collector c/o Excess Proceeds Claims P. O. Box 4515 Santa Ana, CA. 92702-4515
Caution To Bidders
NOTICE: IT IS THE RESPONSIBILITY OF THE BIDDER TO DETERMINE THE PHYSICAL ASPECTS OF THE LAND, ITS GEOGRAPHICAL LOCATION AND ACCESSIBILITY. AS A BIDDER YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AUCTION CONTAINED HEREIN. THE HIGHEST BIDDER IS LEGALLY OBLIGATED TO COMPLETE THE PURCHASE. FAILURE TO COMPLETE A PURCHASE CONSTITUTES A BREACH OF CONTRACT AND MAY RESULT IN LEGAL ACTION AGAINST YOU. ALL SALES ARE FINAL.
Time and Place of Tax Auction Sale
The date of the next live property tax auction will be March 20, 2019 at 1:00pm in the County of Orange Board of Supervisors Hearing Room at 333 W. Santa Ana Blvd. in Santa Ana.
Prospective purchasers for the live auction will be required to register prior to the auction. Auction Registration will be held on Tuesday, March 19, 2019 in the Office of the Treasurer-Tax Collector located at 625 N. Ross St., Room G-58 in Santa Ana from 800 a.m. to 5:00 p.m. For directions to our office, just go to the “Info & Contact Us” tab and click on Directions & Parking. A deposit will be required at the time of registration (please see deposit information below). Registration will not be permitted on the day of the auction sale. We will require valid picture identification at the time of registration such as a valid driver’s license, valid military ID card, or a valid California ID card.
A $5000.00 deposit will be required on the day of registration. Deposits must be in the form of a state or federally chartered bank-issued cashiers check only. Cashier Checks should be made payable to the County of Orange. Deposits will be applied to the final bid purchase price. If the successful bidder does not remit full payment timely, the bidder’s deposit may be forfeited, along with any rights the bidder may have in the property. Deposits will be refunded by the Tax Collector to the unsuccessful bidders who have complied with the Terms and Conditions of the Auction contained herein. Deposits will be refunded immediately following the Auction at the Office of the Treasurer-Tax Collector.
Minimum Bids for Properties
The minimum price at which properties may be offered for sale shall be an amount not less than the total amount necessary to redeem the parcel and the costs of the sale. The minimum bid is indicated on the auction list next to the legal description. The properties in the sale are in item number order. They will be auctioned in that order. If there is an item number not offered (missing) from the tax sale list, it means that the item has been redeemed or withdrawn prior to the sale. If there is a numerical gap between item numbers on the tax sale list, the same holds true. Parcels for which no bids are received may be re-offered before the close of the auction at a reduced minimum bid.
A List of the Properties Offered at the Tax Auction
A list of properties to be offered for sale will be available on the County Website prior to the sale date. Properties being offered will have been published in the Orange County Register as required by State law.
Assessor Parcel maps are available for review or purchase either in-person at the Public Service Counter or by written request. Additional information regarding Assessor Parcel Maps may be found on the Assessor website at: ocgov.com/gov/assessor.
County of Orange Office of the Assessor 11 Civic Center Plaza Santa Ana, CA 92701 (714) 834-2727
Be aware that maps obtained from any other source may not be accurate. If you have questions regarding Assessor’s maps, including how to purchase, please contact the County of Orange, Office of the Assessor, Building 11, Civic Center Plaza, Public Service Counter Room 142, Santa Ana, CA 92701, (714) 834-2727.
Recorded Documents: Deeds/Judgments/Liens
Office of the Clerk-Recorder
To obtain recorded documents such as deeds, judgments and liens contact the County of Orange at the following area offices:
12 Civic Center Plaza, Room 106 Santa Ana, CA 92701-0238 714-834-2500
South County Branch Office
Laguna Hills Civic Center 24031 El Toro Road, Suite 150 Laguna Hills, CA 92653
North County Branch
Downtown Fullerton 201 N. Harbor Blvd. Fullerton, CA 92832
Tax Auction Payment Information
All payments must be in the form of cash in a maximum of $10,000 (US Currency only), and/or state or federally chartered bank-issued cashiers checks made payable to the County of Orange. No personal checks, money orders or traveler’s checks or cash in excess of $10,000 will be accepted. Payment must be made immediately upon being awarded the successful bid. If the cashier’s check result in an overpayment of the final amount due, a refund will be made by the Auditor-Controller for any overpayment.
*Documentary Transfer Tax of $.55 per $500 of the sale price, with a minimum charge of $.55 will be collected in addition to the purchase price.
Title to “Tax-Defaulted Property Subject to Power to Sell” does not pass to the purchaser until a Tax Deed is issued. DO NOT trespass on the property, engage in any activity or make an expenditure on any property you may purchase until you have received your Tax Deed. This includes any attempt to collect rents, improve property, evict, or in any way contact tenants. Tax Deeds will generally be recorded within two weeks after the sale. After the Tax Deed is recorded, the Tax Deed will be mailed directly to the respective purchaser by the County Clerk-Recorder. The Treasurer-Tax Collector does not provide the purchaser with a title insurance policy. If prospective purchasers are considering selling the property at some point, we highly recommend that they contact a title insurance company prior to the auction to obtain information regarding the availability of the title insurance for properties to be purchased at the Orange County Treasurer-Tax Collector’s Public Auction.
In addition, to purchase a copy of the Title report for the property, you can contact the Title Research Company used by the County, First Corporate Solutions, at www.ficoso.com or (916) 558-4988 and reference the County of Orange Tax Auction to receive the reduced price or you can contact another Title Research Company of your choice to purchase a title report at their current rate.
Property Sold at Tax Auction, but Timely Redeemed
Occasionally, a piece of property is sold at auction after redemption has been made or is sold in error. In this case, a refund of the purchase price and statutory interest, if any, will be made with full understanding and agreement of the purchaser that the Treasurer-Tax Collector has no further liability in the matter.
Possible Cause for Reversal of Tax Deed
If the validity of the Tax Collector’s Deed is challenged by judicial proceeding that action must be commenced within one year by the former owner or his/her party of interest, after the recording date of the Tax Collector’s Deed. (For this reason a title company generally will not insure title for at least one year). This judicial proceeding can refer to an alleged invalidity or irregularity in the procedures of sale. If litigation by a former owner is successful and a court holds a Tax Deed void, the Court shall determine the correct amount of taxes, penalties and costs that should be paid, and the Court shall order the former owner or other party of interest to pay such amounts within six months. If such amounts are not paid in accordance with such order, the Court will not hold the Tax Deed void. When a court holds a Tax Deed void, the purchaser is entitled to a refund from the County of the amount paid in purchase price for tax, penalties and costs. A claim for refund shall be presented within one year after the judgment becomes final. The right to redeem “Tax-Defaulted Property Subject to Power to Sell” will terminate at 5:01 p.m. on the last business day prior to the first day of the auction.
Caution - Investigate Before You Bid
This is a buyer beware sale. DO NOT attempt to purchase property at the auction unless a thorough investigation has been made as to the exact location, desirability and usefulness of the property. Parcels are sold on an “as is” basis, and the County makes no representation or warranty, real or implied, as to the properties’ condition or suitability for any use. 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, or are free from latent or patent defects. An investigation may reveal that the property is in a street or alley, in a flood control channel, landlocked, dedicated to public use for street or other purposes; or improvements which may be shown on the tax sale list no longer exist at the time of auction, or a lien may have been or will be placed on the property. Streets shown on maps offered by the Orange County Assessor’s Office may or may not exist, and in some cases may be future streets. All properties should be investigated thoroughly prior to their purchase.
NOTE: Neither the State of California, nor the County of Orange, nor their elected and appointed officials, officers, employees and agents, are liable for loss or damages of any kind sustained by the property purchased at public auction from the time of the sale until the recordation of the Tax Deed transferring the property to purchaser.
Lien(s) on Property
A Tax Deed will cancel all private liens (i.e. Deeds of Trust, Mechanic’s Liens, Judgments, etc.) as well as all prior delinquent taxes. Public liens such as Improvement Bonds, Demolition Liens, etc. may not be discharged with a Tax Deed. Pursuant to Section 3712 of the Revenue and Taxation Code, the Tax 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 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 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 of the Revenue and Taxation Code.
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.
Unpaid special taxes under the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 [commencing with Section 53311] of Part 1 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.
All sales are final, even if the successful bidder makes a mistake and bids on the wrong property, the sale will remain.
All bidders must be 18 years of age or older.
Payment in full must be received at the tax sale location immediately upon being awarded the successful bid. There will be no opportunity for any successful bidder to go to the bank prior to completing the payment of the sale price.
Payment must be made in the following manner: Cash or a state or federally chartered bank-issued cashiers check (a refund will be made for any difference between the cashiers check and the amount due under the tax sale amount less the deposit and any cash received). Cash received over $10,000 may be reported to the County’s depository bank under the Bank Secrecy Act.
The right of redemption terminates at the close of business on the last day prior to the date of the sale
Cash payments must be made in U.S. currency
You may use your deposit to bid on any parcel.
Public Records Act Request for Bidder Information
Please be advised that the Office of the Treasurer Tax Collector may, from time to time, receive requests from members of the public for the County’s Bidder List which may contain names and contact information on all bidders. The County’s Bidder List is a public record within the meaning of the Public Records Act and thus must be disclosed. The Office of the Treasurer-Tax Collector is not required to notify bidders that it is releasing this information.
Other Auction Information
For other auction information, please contact the Office of the Treasurer-Tax Collector at (714) 834-3411 or email firstname.lastname@example.org.
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