Chapter 6. Redemption And Its Termination of California Water Code >> Division 13. >> Part 7. >> Chapter 6.

Property sold to the district for delinquent assessments may be redeemed by the redemptioner within three years from the date of sale, or thereafter before a collector's deed of the property has been delivered, by payment in lawful money of the United States to the collector the sum of the following:
  (a) The amount for which the property was sold, together with interest thereon at the rate of 9 percent per year from the date of sale, but not less than three-fourths of 1 percent for any portion of a month.
  (b) The amount of assessments against the property, with the delinquent penalties thereon, assessed subsequent to sale, together with interest on such assessments as are delinquent and the penalties thereon at the rate of 9 percent per year from the date of delinquency, but not less than three-fourths of 1 percent for any portion of a month.
  (c) The amount of the recorder's fees in recording the certificate of sale and the certificate of redemption.
  (d) The costs of publication of notice as required by Section 36951. As used in this section, the "redemptioner" is the person whose estate has been sold, or his successor in interest.

On receipt of the redemption money plus the amount of the recorder's fee the collector shall make out duplicate certificates of redemption reciting the payment and stating the date of recordation of the certificate of sale to which the redemption applies and the book and page where the same is recorded or the recorder's document number.

One of the duplicate certificates of redemption shall be given to the redemptioner.

The collector shall record the other duplicate certificate of redemption with the county recorder in whose office the certificate of sale is on record.

If the property sold for delinquent assessments has not been redeemed and three years have elapsed from the date of its sale to the district, the collector, upon demand made by resolution of the board and after giving the notice required by Section 37155.1, shall deliver a collector's deed to the property to the district. The right of redemption shall terminate upon recording of the collector's deed to the property by the district.

After receiving a demand for a collector's deed pursuant to Section 37155, and not less than 45 days nor more than 60 days before delivery of a collector's deed pursuant to that demand, the collector shall publish in the manner prescribed in Section 6063 of the Government Code a notice which shall contain all of the following:
  (a) The date of the notice.
  (b) A statement that as of a stated date, three years or more will have elapsed since the property or properties described in the notice were sold to the district pursuant to Chapter 4 (commencing with Section 36950).
  (c) A statement that on the stated date, the board, by resolution, demanded delivery of a collector's deed to the property to the district.
  (d) A statement that unless sooner redeemed, or, if the district has provided for installment redemption, an installment plan of redemption is initiated, a collector's deed to the property will be delivered to the district.
  (e) The date and time at which the collector's deed will be executed and delivered.
  (f) A statement that if the collector's deed is executed and delivered the right of redemption will terminate.
  (g) The name, address, and telephone number of the official who will furnish all information concerning redemption.
  (h) The fiscal year or years for which the delinquent assessments were levied.
  (i) A description of the property.
  (j) The amount required to redeem, which shall include the amounts specified in Section 37155.3.
  (k) The name of the assessee on the current assessment book of the district.
  (l) The street address of the property, if available.

After the first publication of the notice required by Section 37155.1, and not less than 45 days, nor more than 60 days, before the date specified in that notice for the delivery of a collector's deed, the collector shall send by certified mail to each of the parties of interest, as specified in this section, at his or her last known address a copy of the notice published pursuant to Section 37155.1. The collector shall make a reasonable effort to ascertain the names and addresses of each of the parties of interest, including, but not limited to, the securing of a lot book guarantee from a title insurer authorized to conduct business as such in this state with respect to the delinquent property, dated as of the date of the board's demand resolution; an examination of the county's assessments of the delinquent property on the rolls beginning with the year of delinquency to and including that of the last equalized roll; an examination of the most recent telephone books in the county in which the delinquent property is located; and an examination of the telephone books covering the area of the last known address of each party of interest. For the purposes of this section, a "party of interest" is the holder of any interest in the delinquent property which would be terminated by execution and delivery of a collector's deed.

Upon first publication of the notice required by Section 37155.1, there shall be added to the amount to redeem as provided in Section 37150 the sum of the following:
  (a) The cost of publication of the notice required by Section 37155.1.
  (b) The cost of securing the lot book guarantee required by Section 37155.2.

A collector's deed shall contain the date of sale and his statement that no person redeemed the property during the time allowed for its redemption; and may be in substantially the following form, the blanks being filled to show the facts in each case:

Collector's Deed

______ Water District

On the ____ day of _____, 19__, the collector of _____ Water District sold to _____ Water District, for a delinquent assessment, real property situated within the district, and in the County of _____, State of California, described as follows:

(insert description)

No person has redeemed the property from the sale; the time for redemption has elapsed; and the purchaser has demanded a deed to the property. Wherefore, I, the collector of _____ Water District grant to _____ Water District all of the real property aforesaid.

WITNESS MY HAND and the seal of the district this ____ day of ____ 19__.

(DISTRICT SEAL) ___________________________ Collector of ___________ ______________ Water District

A collector's deed to a district shall be recorded in the usual manner of recording conveyances of real property.

The collector's deed conveys to the district title to the property described therein free of all encumbrances, except liens for taxes and assessments levied for state, county, municipal or other district purposes, unless the property is owned by the United States or this State in which case it is prima facie evidence of the right of possession. The title acquired by the district may be sold at public auction or private sale and conveyed by deed executed and acknowledged by the president and secretary. Authority to convey shall be conferred by resolution of the board entered on its minutes fixing the sales price in the best interest of the district. The district may also lease or otherwise deal with the property as is in the best interest of the district.

A collector's deed when acknowledged or proved is prima facie evidence that:
  (a) The land was assessed as required by law.
  (b) The land was equalized as required by law.
  (c) The assessments were levied in accordance with law.
  (d) The assessments were not paid.
  (e) At a proper time and place the property was sold as prescribed by law.
  (f) The property was not redeemed.
  (g) The person who executed the deed was the proper officer.

Except as against actual fraud a collector's deed acknowledged or proved is conclusive evidence of the regularity of all of the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed.

An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any collector's deed executed to the district or based on the alleged ineffectiveness of the deed to convey the absolute title to the property described in it may be commenced or interposed only within one year after the recordation of the deed.

An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any agreement of sale, deed, lease, or option executed by a district in connection with property deeded to it by its collector or based on the alleged ineffectiveness of the instrument to convey or affect the title to the property described in it may be commenced or interposed only within one year after the execution by the district of the instrument.

The provisions of Sections 37161 and 37162 do not apply in the following cases:
  (a) Where the assessments for which the property was sold were paid before the sale.
  (b) Where the property was redeemed after the sale.
  (c) Where the land was not subject to assessment at the time it was assessed.
  (d) Where no assessments were due on the land at the time of sale.
  (e) Where fraud is established.
  (f) Where the deed is void on its face.
  (g) Where the owner of the land was at the time of the sale a minor or insane person, in which case the earliest time that the statute of limitations begins to run is when the disability is removed.

The burden of proof shall be upon the party urging the invalidity, irregularity, or ineffectiveness of an agreement, deed, lease, or option described in Sections 37161 and 37162 or of any assessments, sales, or assessment deeds of which he complains to show the invalidity, irregularity, or ineffectiveness, and he shall be required to plead specifically the grounds upon which he urges the invalidity, irregularity, or ineffectiveness.