San Bernardino — Sheriff’s Sale Rules

Source: https://wp.sbcounty.gov/sheriff/wp-content/uploads/sites/17/Terms-and-Conditions-of-Sheriff-Sale.pdf

SHANNON D. DICUS SHERIFF OF SAN BERNARDINO COUNTY

TERMS AND CONDITIONS OF SHERIFF’S SALE

1. IF YOU ARE THE HIGHEST BIDDER, YOU MUST BE PREPARED TO PAY IN CASH, CERTIFIED CHECK OR CASHIER’F CHECK. PERSONAL CHECKS, COMPANY CHECKS, TRAVELER’S CHECKS OR MONEY ORDERS ARE NOT ACCEPTABLE (701.590(A) CCP.)

2. IF YOU PAY CERTIFIED CHECK OR CASHIER’S CHECK, THE CHECK MUST BE PAYABLE TO “San Bernardino COUNTY SHERIFF.” YOU MAY NOT ENDORSE A CHECK, PAYABLE TO YOU OR ANYONE ELSE OVER TO THE SHERIFF’S DEPARTMENT.

3. THE HIGHEST BIDDER MUST BE PREPARED TO PAY THE FULL AMOUNT OF HIS/HER BID AT THE TIME OF SALE WHEN: a) THE BID AMOUNT ON REAL PROPERTY IS $5,000.00 OR LESS, OR, b) THE BID AMOUNT ON PERSONAL PROPERTY IS $2,500.00 OR LESS.

4. IF THE HIGHEST BID FOR AN INTEREST IN REAL PROPERTY SOLD EXCEEDS $5,000.00, HIGHEST BIDDER MAY ELECT TO DEPOSIT AT LEAST $5,000.00 OF 10% OF THE BID, WHICHEVER IS GREATER AND WITHIN 10 DAYS AFTER THE DATE OF SALE, PAY THE BALANCE DUE PLUS INTEREST ON THE BALANCE AND COSTS ACCRUING WITH REGARD TO THE PROPERTY SOLD.

IF THE HIGHEST BID FOR AN ITEM, GROUP OR LOT OF PERSONAL PROPERTY SOLD EXCEEDS $2,500.00, THE HIGHEST BIDDER MAY ELECT TO DEPOSIT AT LEAST $2,500.00 OR 10% OF THE BID, WHICHEVER IS GREATER AND WITHIN 10 DAYS AFTER THE DATE OF SALE, PAY THE BALANCE DUE PLUS INTEREST ON THE BALANCE AND COSTS ACCRUING WITH REGARD TO THE PROPERTY SOLD.

THE HIGHEST BIDDER IS NOT ENTITLED TO POSSESSION OF THE PROPERTY SOLD UNTIL THE AMOUNT OF BID PLUS COSTS AND INTEREST HAVE BEEN PAID.

IF THE HIGHEST BIDDER DOES NOT PAY THE AMOUNT BID AS PRESCRIBED ABOVE, HE/SHE WILL FORFEIT THEIR DEPSOIT. (701.590, 701.600 CCP.)

5. THE JUDGMENT CREDITOR MAY BID AGAINST ALL OR PART OF THE JUDGMENT. HOWEVER, UNPAID LEVYING COSTS, PREFERRED LABOR CLAIMS, EXEMPT PROCEEDS AND ANY OTHER CLAIM REQUIRED TO BE SATISFIED SHALL BE PAID IN CASH OR BY CERTIFIED CHECK OR CASHIER’S CHECK. (701.590 CCP.)

6. PROSPECTIVE BIDDERS SHOULD REFER TO SECTION 701.600(C) OF THE CODE OF CIVIL PROCEDURE REGARDING THE LIABILITY OF DEFAULTING BIDDERS.

7. ANY PERSON MAY BID ON AND PURCHASE PROPERTY AT A SHERIFF’S SALE, EXCEPT EMPLOYEES OF THE San Bernardino COUNTY SHERIFF’S OFFICE AND THEIR IMMEDIATE FAMILIES.

8. DURING THE BIDDING YOU MAY BE ASKED TO QUALIFY YOURSELF AS A BIDDER. YOU WILL BE ASKED HOW YOU INTEND TO PAY FOR THE PROPERTY AND TO SHOW SOME EVIDENCE OF YOUR ABILITY TO PAY. THIS IS DONE FOR THE BENEFIT OF THE OTHER BIDDERS.

9. IF YOU ARE THE HIGHEST BIDDER, YOU MUST BE PREPARED TO DO BUSINESS IMMEDIATELY. THE AUCTIONEER WILL NOT WAIT WHILE YOU GO TO THE BANK FOR MONEY.

   SALES SUBJECT TO THE RIGHT OF REDEMPTION

THE RIGHT TO REDEMPTION APPLIES ONLY TO REAL PROPERTY. WHEN AN INTEREST IN REAL PROPERTY IS SOLD SUBJECT TO THE RIGHT OF REDEMPTION, IT MEANS THAT THE DEBTOR, WHOSE INTEREST IN THE PROPERTY IS BEING SOLD, WILL HAVE A CERTAIN AMOUNT OF TIME TO REDEEM OR BUY BACK HIS/HER

PROPERTY INTEREST. IN THE MEANTIME, THE PURCHASER WILL BE ISSUED A CERTIFICATE OF SALE AND A DUPLICATED COPY OF THE CERTIFICATE WILL BE RECORDED. (729.040 CCP.) THIS CERTIFICATE DOES NOT CONSTITUTE A TRANSER OF TITLE, BUT IT DOES GRANT THE PURCHASER CERTAIN RIGHTS (729.090 CCP.)

THE REDEMPTION PERIOD WILL DEPEND ON THE SELLING PRICE AS FOLLOWS: (709.030 CCP)

A. THREE MONTHS AFTER THE DATE OF SALE IF THE PROCEEDS OF THE SALE ARE SUFFICIENT TO SATISFY THE SECURED INDEBTEDNESS WITH INTEREST AND COSTS.

B. ONE YEAR AFTER THE DATE OF SALE IF THE PROCEEDS OF THE SALE ARE NOT SUFFICIENT TO SATISFY THE SECURED INDEBTEDNESS WITH INTEREST AND COSTS.

THE REDEMPTION PRICE IS THE TOTAL OF THE FOLLOWING:

A. THE PURCHASE PRICE AT THE TIME OF SALE.

B. THE AMOUNT OF ANY ASSESSMENTS OR TAXES AND REASONABLE AMOUNTS FOR FIRE INSURANCE, UPKEEP AND REPAIR OR IMPROVEMENTS ON THE PROPERTY.

C. ANY AMOUNT PAID BY THE PURCHASER ON A PRIOR OBLIGATION SECURED BY THE PROPERTY TO THE EXTENT THAT THE PAYMENT WAS NECESSARY FOR THE PROTECTION OF THE PURCHASER’S INTEREST.

D. INTEREST ON THE AMOUNTS DECRIBED ABOVE FROM THE TIME SUCH AMOUNT WAS PAID UNTIL THE DATE OF THE DEPOSIT IS MADE.

E. IF THE PURCHASER HAS ANY LIENS SUBORDINATE TO THE LIEN UNDER WHICH THE PROPERTY WAS SOLD, THE AMOUNT OF THE PURCHASER’S LIEN, PLUS INTEREST FROM THE DATE OF THE SALE UNTIL THE DATE THE DEPOSIT IS MADE.

RENTS AND PROFITS FROM THE PROPERTY PAID TO THE PURCHASER OR THE VALUE OF THE USE AND OCCUPATION OF THE PROPERTY TO THE PURCHASER MAY BE OFFSET AGAINST THE AMOUNTS DESCRIBED ABOVE. (729.060 CCP)

IF A DISPUTE SHOULD ARISE BETWEEN THE PURCHASER OF THE PROPERTY AND THE PERSON SEEKING TO REDEEM REGARDING THE REDEMPTION PRICE OR WHETHER THE PERSON IS ENTITLED TO REDEEM, THE PERSON SEEKING TO REDEEM MAY FILE A PETITION WITH THE COURT FOR A HEARING TO SETTLE THE DISPUTE. THE PETITION MUST BE FILED BEFORE THE EXPIRATION OF THE REDEMPTION PERIOD. THE LEVYING OFFICER MUST ALSO BE GIVEN WRITTEN NOTICE OF THE HEARING (729.070 CCP.)

CONCERNED PARTIES SHOULD REFER TO SECTIONS 729.010 ET SEQ. OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR MORE DETAILED INFORMATION CONCERNING THE REDEMPTION PROCESS.

A COPY OF THIS BULLETIN CAN BE OBTAINED FROM THE SHERIFF’S DEPARTMENT