The following are questions frequently asked at Chapter 7 sales and their answers as taken from the County Tax Collector's Reference Manual, Section 8152.1: 

Q.   Can I mail in or submit a sealed bid for a property in the auction?

A.   No. The public auction requires your presence, or that of your representative, to verbally bid upon the properties.

Q.  Can I obtain a property available at the tax sale by paying the delinquent taxes thereon prior to the tax sale date?

A.   No. Legal title to tax-defaulted property subject to the tax collector's power to sell can be obtained only by becoming the successful bidder at the county tax sale.

Q.   How do I find or see a property I'd like to bid on at the tax sale?

A.   While we try to give all possible assistance in helping prospective purchasers to pin-point a property location, vacant land (which accounts for most property offered at our tax sale) has no address. Its approximate geographic location can be determined through the use of county assessor plat maps and perhaps, a map book. Exact boundary lines of a property can be determined only by a survey of the property initiated at the purchaser's expense. Improved properties frequently (but not always) will bear a situs (street) address, making it quite simple to assess the location.

Q.   How can a bidder pay for a property at the tax sale?

A.   Payment must be made in cash, money order, cashier's check or certified check for minimum bid. Thereafter, the balance may be paid by personal check with the authorization of a limit given by the corresponding financial institution.

Q.  Do liens or encumbrances on a tax-defaulted property transfer to the new owner after purchase of the property at a tax sale?

A.   Chapter 7, Section 3712 of the California Revenue and Taxation Code states: "The deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, except:

(a) Any lien for installments of taxes and special assessments, which installments will become payable upon the secured roll after the time of the sale.

(b) The lien for taxes or assessments or other rights of any taxing agency which does not consent to the sale under this chapter.

(c) Liens for special assessments levied upon the property conveyed which were, at the time of the sale under this chapter, not included in the amount necessary to redeem the tax-defaulted property, and, where a taxing agency which collects its own taxes has consented to the sale under this chapter, not included in the amount required to redeem from sale to the taxing agency.

(d) Easements constituting servitude upon or burdens to the property; water rights, the record title to which is held separately from the title to the property; and restrictions of record.

(e) Unaccepted, recorded, irrevocable offers of dedication of the property to the public or a public entity for a public purpose, and recorded options of any taxing agency to purchase the property or any interest therein for a public purpose.

(f) Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) which are not satisfied as a result of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.

(g) Any federal Internal Revenue Service liens which, pursuant to provisions of federal law, are not discharged by the sale, even though the tax collector has provided proper notice to the Internal Revenue Service before that date".

A title search initiated at the prospective purchaser's expense should reveal any liens or encumbrances on a property in the tax sale.

Q.  When does the right to redeem a tax-defaulted parcel subject to the power to sell cease?

A.   The right to redeem a tax-defaulted parcel subject to the power to sell ceases at the close of business on the last business day prior to the sale.

Q.  How can I determine what use I can make of a tax sale property before I purchase it?

A.   Consult the zoning department of any city within which a property lies or the zoning section of the county department of planning and land use for a parcel in an unincorporated area (i.e., not lying within a city boundary) regarding use of the parcel. Examine the county recorder's records for any recorded easements on a property. You can also order a title search report from a local title insurance company.

Q.  How soon can I take possession of a property after my purchase at the tax sale?

A.   The successful bidder may take possession of a property after making payment in full and complying with any conditions set forth between the tax collector and the successful bidder.

Q.  How is the minimum price on a property offered at a tax sale determined?

A.   State law dictates that the minimum price in a tax-defaulted parcel offered at public tax sale shall be no less than the total amount necessary to redeem, plus costs. The minimum bid on a parcel can be set at a greater amount to assure collection of the amount of delinquent taxes, penalties and costs thereon.

Q.  Is a tax sale publicly advertised?

A.   Yes. State law dictates that notice of a tax sale must be published once a week for three successive weeks in a newspaper of general circulation.

Q.  How will title in the deed to the purchaser be vested?