Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Sandie Arnott, Tax Collector
Subject: Claims for Excess Proceeds from the 2015 Tax Sale of Parcel Nos. 021-210-310
RECOMMENDATION:
title
Adopt a resolution authorizing claims for excess proceeds from tax-defaulted Sale and authorizing distribution of excess proceeds.
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BACKGROUND:
On 08/08/2015-08/11/2015 and 09/12/15 - 09/15/15, the Office of the Tax Collector, with your Board’s approval, conducted a tax sale pursuant to Revenue and Taxation Code section 3691 et seq. By 10/02/15, all of the deeds conveying title to the various purchasers at the auction had been recorded. As provided by Section 4676 of the Revenue and Taxation Code, the Tax Collector provided notice of the right to claim excess proceeds on 10/27/15 to parties of interest as defined in Section 4675 of the Revenue and Taxation Code. The Tax Collector identified the parties of interest by reviewing records, including Assessor’s and Recorder’s records and lot book reports. Parties of interest have made claims for the excess proceeds from the tax sale of Parcel No. 021-210-310.
DISCUSSION:
Revenue and Taxation Code section 4675 provides for distribution of the excess proceeds of tax sales. When property is sold for payment of taxes, the “excess proceeds” from the sale, or that portion not payable for taxes, assessments, costs of sale and notice are payable, upon claim, to persons having an interest in the property at the time of the sale. After all liens have been satisfied, any person who had title of record prior to the sale is entitled to claim the excess proceeds. It is the responsibility of the Board of Supervisors to act on such claims, which must contain any information and proof deemed necessary by the Board of Supervisors to establish a claimant's right to all or any portion of the excess proceeds.
The table below lists each parcel sold and for each parcel identifies the amount of excess proceeds, the claimant associated with that parcel and the amount claimed by each claimant.
|
Parcel |
Excess Proceeds |
Claimant(s) |
Amount claimed |
|
021-210-310 |
$ 195,018.47 |
Global Discoveries |
$ 195,018.47 |
The Tax Collector has reviewed the information provided by the claimant identified above and believes it sufficient to establish each claimant’s right to their claimed portion of excess proceeds. Further, the claimant identified above presented a timely claim. While a separate party had also filed a claim for these excess proceeds, we have since been advised of an agreement between the parties resolving the dispute and have received authorization to distribute the total amount to Global Discoveries.
It is respectively recommended that all of claim for excess proceeds identified herein be granted.
County Counsel has reviewed the resolution as to form.
By complying with the provisions of the Revenue and Taxation Code pertaining to claims for excess proceeds, the Office of the Tax Collector demonstrates its commitment to the shared vision of a Collaborative Community through fiscal accountability to parties of interest in San Mateo County properties sold at auction.
FISCAL IMPACT:
There is no impact to the General Fund.