San Diego Tax Collector excess-proceeds.html

Source: https://www.sdttc.com/content/ttc/en/tax-collection/property-tax-sales/excess-proceeds.html

Excess Proceeds

Excess proceeds from the sale of tax-defaulted property is defined as

any amount that is more than $150 after tax and assessment liens, fees

and costs of the sale have been satisfied. Pursuant to Revenue and

Taxation Code Section 4674 and the San Diego County Administrative

Code of Ordinances Section 364.4 a fee is authorized to be deducted

from the available excess proceeds to recover the cost of providing

Notice of Excess Proceeds, and a fee is authorized for administering

and processing a claim be assessed to claimants and deducted from

available excess proceeds.

Parties of interest as defined in Section 4675 of the California

Revenue and Taxation code having an ownership or lien holder interest

of record in the property at the time the property was sold at tax

sale have a right to file a claim for any excess proceeds that remain.

Details of properties sold at a previous year tax sale are available

by viewing the Final Reports of Sale.

If you believe you may be entitled to all or any portion of the

excess proceeds, please review the Excess Proceeds Claim Filing

Instructions and complete a Claim Form and return it to

this office with information and proof which would establish your

right to claim excess proceeds.

A separate claim form is required for each owner of record,

including title held as spouses.

A party of interest in the property that was sold at tax sale may

assign his or her right to claim excess proceeds only through a dated,

written instrument that explicitly states that the right to claim

excess proceeds is being assigned, and only after each party to the

proposed assignment has disclosed to each other party all facts

relating to the value of the right that is being assigned. Any

assignment that does not comply with these requirements shall have no

effect. 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

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 their right to claim excess

proceeds on their own behalf. If you prefer to have an agent file your

claim for you, or if you should decide to sell your claim, an

"Assignment" must be completed and submitted in addition to

the Claim for Excess Proceeds.

All claims must be filed not later than one year from the date the

tax deed is recorded otherwise the claim cannot be considered. There

are no exceptions to the one-year period to file a claim. No award

determinations will be made until after the one year filing period has

expired. Once a determination has been made, notice will be sent to

each claimant advising the amount of excess proceeds awarded to each

claimant. Any action or proceeding to challenge the award decision

must be commenced within 90 days after the date of the decision.

If unclaimed excess proceeds remain at the end of one year after the

recordation date of tax deed to purchaser, the tax collector may

deduct the cost of maintaining the redemption and tax-defaulted

property files that was not recovered and/or deposit the excess

unclaimed proceeds into the county general fund.

Related Links

Property Tax Sale

Redeeming a Property

Bidder Registration

Warning! Research Before You Invest

Important Information for Bidders

Terms and Conditions

Title Vesting Information

Zoning & Planning Departments Information

Assessor's Parcel May Not Be A Legal Lot

Timeshare Associations Information

Prior Sales Results

Excess Proceeds

Legal Ads

Related Links

Property Tax Sale

Redeeming a Property

Bidder Registration

Warning! Research Before You Invest

Important Information for Bidders

Terms and Conditions

Title Vesting Information

Zoning & Planning Departments Information

Timeshare Associations Information

Prior Sales Results

Excess Proceeds

Legal Ads

Related Links

Redeeming a Property

Bidder Registration

Warning! Research Before You Invest

Important Information for Bidders

Terms and Conditions

Title Vesting Information

Zoning & Planning Departments Information

Timeshare Associations Information

Prior Sales Results

Excess Proceeds

Legal Ads

Related Links

Property Tax Sale

Bidder Registration

Warning! Research Before You Invest

Important Information for Bidders

Terms and Conditions

Redeeming a Property

Prior Sales Results

Timeshare Associations

Contact Planning Departments

Legal Ads

Title Vesting Schedule

Popular Services

Look Up Prior-Year Taxes

Pay by e-Check

Change Address