San Bernardino: 374 RO August 2024 - EP claim form

Source: https://assets.ctfassets.net/wrl7z79vuuk1/2OLr5sdWmI4i2E3Wv3GILH/6a6e0d46ba0aede4c7d00713251e608a/EP_claim_form_374RO_August_2024.pdf

CLAIM FOR EXCESS PROCEEDS FROM THE TAX SALE OF TAX DEFAULTED PROPERTY PURSUANT TO CALIFORNIA REVENUE AND TAXATION CODE §4675 (SEE ATTACHMENT FOR INSTRUCTIONS) TO: THE BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY

RE: Tax Sale Number 374RO Parcel Number _____________________________ Sale Dates August 17 – 23, 2024 Deeds Recorded September 17, 2024 Name of Claimant Amount of Claim ____________ (i.e. trust, LLC, Inc.)

I, the undersigned claimant, request that I be awarded the excess proceeds resulting from the sale of property referred to above.

I claim my status as a party of interest and I hereby state that I am a rightful claimant and base my status and right to file a claim on the following information and documentation (i.e. Grant Deed, Quitclaim Deed, Deed of Trust, Assignment, Lien, Abstract of Judgment, etc.) (R & T Code § 4675):

I affirm under penalty of perjury that the foregoing, and attached supporting documents are true and correct.

________________________________ Street Address ________________________________________________ Date ________________________________________________

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Signature of Claimant and Capacity Mailing Address ________________________________________________

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Print Name
Telephone Number ________________________________________________

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.

STATE OF _______________________ COUNTY OF _____________________

On __________________ before me, ______________________________________________[notary’s name], personally appeared

_________________________________________[claimant’s name], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature) (Notary Seal)

FOR OFFICE USE ONLY

I have verified the total excess proceeds available after this sale to be $____________________.

DATED BY TAX COLLECTOR

I have examined this claim and find that the claimant is/is not entitled to proceeds.

DATED BY DEPUTY COUNTY COUNSEL

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EXCESS PROCEEDS CLAIM INSTRUCTIONS

WE CANNOT BY LAW BEGIN THE PROCESSING OF CLAIMS UNTIL ONE YEAR HAS PASSED FROM THE RECORDING DATE OF THE TAX DEED TO THE PURCHASER. TO RECEIVE CONSIDERATION BY THE COUNTY BOARD OF SUPERVISORS, CLAIMS MUST BE FILED ON OR BEFORE THE EXPIRATION OF ONE YEAR (September 17, 2025) FOLLOWING THE DATE OF THE RECORDING OF THE TAX DEED TO THE PURCHASER.

A. Claims for excess proceeds must be filed within one year of recordation of the Tax Collector's deed to the purchaser. Files cannot be reviewed until after the expiration date has passed.

B. File a separate Excess Proceeds claim form for each parcel.

C. Complete the enclosed Excess Proceeds claim form, sign, notarize, and return it with a copy of photo identification for the claimant and any assignee, and the following supporting documentation. Remit the supporting documentation that pertains to your claim and establishes your rights.

1. A copy of a recorded GRANT DEED, QUITCLAIM DEED, etc.
a. If husband and wife (joint tenants), both must sign and notarize the claim form.
b. If interest held separately, such as an undivided interest, tenants in common, sole and separate
property, etc., each individual must file a separate claim form, for their interest only.

2. A copy of a recorded LIEN/JUDGMENT/DEED OF TRUST or other legal documents on which you
base your claim to all or any portion of the excess proceeds.
a. A notarized Statement of Amount Due and Owing is required on deeds of trust or other liens or
security interest, which statement must include the phrase, “under penalty of perjury”, and set
forth the initial amount of the lien or interest, the amount of payment(s) received by you and the
amount still due and owing as of the date of the tax sale.
b. The existence and terms of a promissory note may only be established by submitting supporting
documents as required by San Bernardino County Policy No. 05-52.
c. Unsecured Liens/Judgments – Because people may have the same or similar names, it is the
claimant’s responsibility to send documentation that proves their interest is against a prior
owner. Proof may include list of debtor’s previous addresses, photo ID such as driver’s license,
etc.

3. CORPORATION/LLC
a. A notarized claim form must be signed by an authorized person on behalf of the
corporation/LLC.
b. A copy of the Corporate Bylaws or Articles of Incorporation is required.
c. A resolution of the board of directors authorizing the claimant to act on behalf of the
corporation/LLC with appropriate signatures and seal is required.
d. If the corporation’s/LLC’s name has changed due to mergers, submit documentation which
supports all name changes.
e. A copy of the Certificate of Status indicating the corporation/LLC is in good standing with its
state of incorporation is required.
f. Any foreign corporation/LLC must submit a Certificate of Registration from the California
Secretary of State.

4. PARTNERSHIP/LIMITED PARTNERSHIP
a. A copy of the Partnership/Limited Partnership Agreement.
b. A letter of authorization on company letterhead, authorizing claimant to act on behalf of the
partnership/limited partnership, signed by all required general partners.
d. For a Limited Partnership, a Certificate of Status indicating it is in good standing with its state of
formation and authorized to do business in the State of California.
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5. FICTITIOUS BUSINESS NAME/DBA a. Any person or entity using a fictitious business name must provide a copy of a current Fictitious Business Name statement (Business & Professions Code §17910, et seq).

   6. ASSIGNMENT OF INTEREST a. Any Assignment in which the party of interest assigns rights to claim excess proceeds, must be dated, notarized, and signed, after the start of the tax sale. b. An assignment of interest must be a dated, written instrument that explicitly states that the right to claim the excess proceeds is being assigned, and only after each party to the proposed assignment has disclosed to each other party to the proposed assignment, all facts of which he or she is aware relating to the value of the right that is being assigned. The amount of excess proceeds and amount of the assignment must be specified. Any attempted assignment that does not comply with these requirements shall have no effect. (Revenue and Taxation Code §4675)

   7. TRUST a. Claim form must have the trustee’s signature and include “Trustee of ….” after the signature. b. Copy of the Trust Agreement, notarized Certification of Trust, or court order pursuant to Civil Code §3415 is required. c. A notarized Declaration of Trustee status is required.

   8. HEIR(S) a. Probate documentation b. Copy of Death Certificate c. Copy of Will d. If name has changed, submit copies of Marriage/Divorce documents. e. If submitting a small estate affidavit pursuant to Probate Code § 13100, also submit a Probate Affidavit (San Bernardino County Policy Manual, Policy No. 05-52 item 12) and copies of documents showing relationship with decedent (e.g., Birth Certificate).

Additional rules for excess proceeds claims can be found in the San Bernardino County Policy Manual, Policy No. 05-52.

Return claim form and supporting documentation to the San Bernardino County Tax Collector, Attention: TAX SALES, 268 West Hospitality Lane, First Floor, San Bernardino, CA 92415-0360.

If you need any assistance please contact our office by telephone at (909) 387-8308 or visit our website at www.mytaxcollector.com.

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