Section 4675 Of Chapter 1.3. Distribution Of Proceeds From Sale Of Tax-deeded Property From California Revenue And Taxation Code >> Division 1. >> Part 8. >> Chapter 1.3.
4675
. (a) Any party of interest in the property 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.
(b) After the property has been sold, a party of interest in the
property at the time of the sale may assign his or her right to claim
the excess proceeds only by 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. Any attempted assignment that does not comply
with these requirements shall have no effect. This paragraph shall
apply only with respect to assignments on or after the effective date
of this paragraph.
(c) 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
any excess proceeds shall submit proof with the claim that the amount
and source of excess proceeds have been disclosed to the party of
interest and that the party of interest has been advised of his or
her right to file a claim for the excess proceeds on his or her own
behalf directly with the county at no cost.
(d) The claims shall contain any information and proof deemed
necessary by the board of supervisors to establish the claimant's
rights to all or any portion of the excess proceeds.
(e) (1) Except as provided in paragraph (2), no sooner than one
year following the recordation of the tax collector's deed to the
purchaser, and if the excess proceeds have been claimed by any party
of interest as provided herein, the excess proceeds shall be
distributed on order of the board of supervisors to the parties of
interest who have claimed the excess proceeds in the order of
priority set forth in subdivisions (a) and (b). For the purposes of
this article, parties of interest and their order of priority are:
(A) First, lienholders of record prior to the recordation of the
tax deed to the purchaser in the order of their priority.
(B) 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.
(2) (A) Notwithstanding paragraph (1), if the board of supervisors
has been petitioned to rescind the tax sale pursuant to Section
3731, any excess proceeds shall not be distributed to the parties of
interest as provided by paragraph (1) sooner than one year following
the date the board of supervisors determines the tax sale should not
be rescinded, and only if the person who petitioned the board of
supervisors pursuant to Section 3731 has not commenced a proceeding
in court pursuant to Section 3725.
(B) If a proceeding has been commenced in a court pursuant to
Section 3725, any excess proceeds shall not be distributed to the
parties of interest as provided by paragraph (1) until a final court
order is issued.
(f) In the event that a person with title of record is deceased at
the time of the distribution of the excess proceeds, the heirs may
submit an affidavit pursuant to Chapter 3 (commencing with Section
13100) of Part 1 of Division 8 of the Probate Code, to support their
claim for excess proceeds.
(g) Any action or proceeding to review the decision of the board
of supervisors shall be commenced within 90 days after the date of
that decision of the board of supervisors.