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How does a homestead declaration affect a tax deed auction

Customer Question

How does a homestead declaration affect a tax deed auction property
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

In order to better assist you, I need to ask what you mean by if a homestead affects a tax deed auction. Are you asking if a homestead exemption can prevent a tax auction?

BizAttorney :

California is an oral bid state using a premium bid method; many of the auctions are online. Annually, on or before June 8, the tax collector shall publish a notice of impending default for failure to pay taxes on real property, except tax-defaulted property and possessor interests, the taxes, assessments, penalties, and costs on which will have not been fully paid by the close of business on the last business day of the fiscal year. Five years or more after the property has become tax defaulted; the tax collector shall have the power to sell and shall attempt to sell in accordance with Section 3692.

BizAttorney :

A homestead exemption protects the equity one has in his/her property from creditors.

Customer :

The property I am looking at bidding on, in an tax sale auction, has a homestead declaration on it in california.

BizAttorney :

I understand. No, that won't affect you at all. When you are purchasing a tax sale property, you just need to look at the other deeds of trust on the property (such as a prior mortgage, etc.).

Customer :

I have and this is the only red flag I've found thanks.

BizAttorney :

There is a one-year statute of limitations to bring an action to overturn a tax sale. Title companies will generally not issue title insurance until after the statute of limitations has expired. Be aware of that.

BizAttorney :

The sale of tax-defaulted property by the county tax collector is free and clear of all encumbrances existing before the sale, with the following exceptions:

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

A lien for taxes or assessments or other rights of any taxing agency that does not consent to the sale.

Liens for special assessments levied on the property that were, at the time of the sale, not included in the amount necessary to redeem the tax-defaulted property, and where a tax agency that collects its own taxes has consented to the sale.

Easements constituting servitudes upon or burdens to the property; water rights; title that is held separately from title to the property; and restrictions of record.

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.

Unpaid assessments under the Improvement Bond Act of 1915 that are not satisfied as a result of the sale.

Any Internal Revenue Service liens that are not discharged by the sale.

Unpaid special taxes under the Mello-Roos Community Facilities Act that are not satisfied as a result of the sale.

Customer :

yes thank you.

BizAttorney :

You are welcome. I just wanted to give you some of the pitfalls to watch out for when purchasing a tax property.

BizAttorney :

Have a good night and please leave me feedback before you go. Take care and good luck!

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