4521-4531

REVENUE AND TAXATION CODE
SECTION 4521-4531




4521.  Commencing no earlier than the date the property is declared
in default, the tax collector may offer for sale as provided in
Section 4511 tax certificates for those defaulted taxes in connection
with that secured roll property or that property on the supplemental
roll, along with any defaulted taxes for any previous year that have
not previously been sold.



4522.  For purposes of Chapter 1A (commencing with Section 4653) and
Chapter 3 (commencing with Section 4701) of Part 8, the receipt by
the tax collector of the proceeds of the sale of a tax certificate
shall be deemed to be the receipt by the tax collector of the due and
unpaid taxes and assessments specified in that tax certificate and,
if in excess of that amount, the related delinquency penalty set
forth in Section 2617, 2618, 2704, 2705, 2759, 2760, 2761, or 2762.
The provisions of this part shall not be construed as removing any
lien for taxes or extinguishing any unpaid taxes or assessments or
fees, penalties, costs, or other amounts related thereto.



4523.  The proceeds from the sale of a tax certificate shall be
applied as follows:
   (a) (1) To the Tax Certificate Redemption Fund, in an amount equal
to a minimum of 3 percent of the proceeds from that sale. However,
if the amount of the Tax Certificate Redemption Fund is equal to or
greater than 3 percent of the then current amount of taxes and
assessments assigned under all outstanding tax certificates, those
proceeds shall be applied as provided in subdivision (b). The amount
deposited under this paragraph shall be in lieu of any amount
otherwise required pursuant to Chapter 3 (commencing with Section
4701) of Part 8.
   (2) Any amount on deposit in the Tax Certificate Redemption Fund
shall be invested at the direction of the county treasurer as
required by law. All interest earned on the Tax Certificate
Redemption Fund shall be paid to the county.
   (b) The balance of the proceeds shall be applied as follows:
   (1) Except as provided in paragraph (2), the balance shall be
distributed in the same manner as amounts received from the
collection of taxes and assessments and costs, fees, penalties, and
other amounts related thereto.
   (2) In the case of a county that has elected the alternative
procedure for the distribution of property tax levies pursuant to
Chapter 3 (commencing with Section 4701) of Part 8 of Division 1, the
balance shall be distributed to the county general fund.



4524.  (a) Upon the receipt by the tax collector of the entire
amount of the taxes, assessments, and assigned penalties assigned by
a tax certificate, the tax collector shall pay that amount to the
holder of the tax certificate, cancel the tax certificate, and enter
the fact of the cancellation in the tax certificate record opposite
the entry of the sale of the tax certificate. The tax collector shall
make the payments from amounts it receives of those taxes,
assessments, and assigned penalties, whether those amounts are
received by the tax collector by payment of those amounts, by
redemption pursuant to Part 7 (commencing with Section 4101), by sale
of the parcel pursuant to Chapter 2 (commencing with Section 3436)
of Part 6, or otherwise.
   (b) If, pursuant to Section 2636, 2708, 2772, or 4143 or
otherwise, the tax collector receives only an installment or portion
of the amounts in respect of the taxes, assessments, and assigned
penalties (or interest in the case of an installment plan of
redemption) assigned by a tax certificate, the tax collector shall
pay that amount to the holder of the tax certificate and make a
corresponding adjustment to the amounts set forth in the tax
certificate and the tax certificate record.
   (c) If, pursuant to Chapter 3 (commencing with Section 2801) of
Part 5 or Chapter 2 (commencing with Section 4131) of Part 7, part of
an assessment of tax on a parcel specified in a tax certificate is
paid or redeemed, the tax collector shall pay to the holder of the
tax certificate that portion of the payments relating to the amounts
assigned under the tax certificate and shall adjust the information
in the tax certificate and the tax certificate record accordingly.
   (d) Any amount collected shall be first applied to the oldest
outstanding certificate. The taxpayer shall still be considered
delinquent with respect to any unredeemed certificate on that
property.
   (e) Notwithstanding any other provision of law, any partial
payment with respect to a tax certificate, including annual payments
from installment plan of redemption, shall be applied to the monthly
penalty (or interest in the case of an installment plan of
redemption) amount first.
   (f) This section shall apply notwithstanding any other provision
of Chapter 1C (commencing with Section 4656) or Chapter 1.3
(commencing with Section 4671) of Part 8 or any other provision of
this code to the contrary.



4525.  The tax collector may stop the collection of amounts in
respect of a delinquency by the holder of a tax certificate at any
time by canceling that tax certificate and paying to the holder of
that tax certificate from amounts on deposit in the Tax Certificate
Redemption Fund the amount owed in respect of that delinquency. This
action may be taken at the sole discretion of the tax collector.



4526.  A tax certificate shall not be considered as having any situs
in the county in which the real property is located for which the
tax certificate is issued.



4527.  (a) The tax collector shall pay to the holder of a tax
certificate, from amounts on deposit in the Tax Certificate
Redemption Fund, an amount equal to the purchase price of the tax
certificate, together with interest thereon at a rate equal to the
rate the county would have to pay on any refund to a taxpayer for the
same fiscal year, that rate to be applied to all amounts paid with
respect to the certificate from the date of the sale of the tax
certificate, and shall cancel the tax certificate if any of the
following occur:
   (1) The taxes and assessments assigned by the tax certificate had
been paid prior to the sale of the tax certificate.
   (2) After the sale of the tax certificate, the taxes and
assessments assigned by the tax certificate are canceled for any
reason other than the payment of the taxes and assessments.
   (3) The lien on the parcel specified in the tax certificate is
removed, other than pursuant to Section 2195 or 4105.2, or by order
of the federal bankruptcy court, prior to the time the holder of the
tax certificate has received all amounts due under the tax
certificate.
   (4) The parcel specified in the tax certificate is deeded to a
taxing agency pursuant to Chapter 8 (commencing with Section 3771) of
Part 6.
   (5) Upon the request of the holder of the tax certificate, when
there has been a violation of Section 3441 with respect to the parcel
specified in the tax certificate.
   (b) Promptly after obtaining knowledge of any occurrence described
in subdivision (a), the tax collector shall notify, in writing, the
holder of the applicable tax certificate.
   (c) If the delinquency penalty assigned by a tax certificate is
canceled pursuant to Section 2610.5 or Section 4985.2, or for any
other reason other than the payment in full of the penalty, then, at
the option of the holder of the tax certificate, the tax collector
shall, from amounts on deposit in the tax certificate redemption
fund, do either of the following:
   (1) Pay to the holder of the tax certificate an amount equal to
the purchase price of the tax certificate, together with interest
thereon at a rate equal to the rate the county would have to pay on
any refund to a taxpayer for the same fiscal year, that rate to be
applied to all amounts paid in respect of the certificate from the
date of the sale of the tax certificate, and cancel the tax
certificate.
   (2) Pay to the holder of the tax certificate an amount equal to
the difference between the purchase price of the tax certificate and
the total amount of taxes and assessments assigned by the tax
certificate, together with interest on that amount at a rate equal to
the rate the county would have to pay on any refund to a taxpayer
for the same fiscal year, that rate to be applied to all amounts paid
in respect of the certificate from the date of the sale of the tax
certificate, and adjust the information contained in the tax
certificate and the tax certificate record accordingly.
   (d) If a redemption certificate is issued pursuant to Section
4105.2 with respect to a parcel specified in a tax certificate, and
all amounts assigned under the tax certificate, including, without
limitation, amounts due under Section 4103, are not paid to the
holder of the tax certificate, the tax collector shall immediately
pay to the holder of the tax certificate, from amounts on deposit in
the Tax Certificate Redemption Fund, any amount so assigned but not
paid.
   (e) The tax collector may use amounts on deposit in the Tax
Certificate Redemption Fund to make the payments permitted under
Sections 3729, 3731, 4920, and 5103.



4528.  (a) (1) The tax collector may sell tax certificates by any
form of public or private sale, including, but not limited to, an
auction, a negotiated sale, or a bulk sale. Except as provided in
subdivision (c), the price received for a tax certificate shall not
be less than the amount of taxes and assessments being assigned
thereby. Prior to any sale of any tax certificates, the tax collector
shall do all of the following:
   (A) Determine the size of the offering and the parcels to be
included in the sale.
   (B) Determine the fees necessary to conduct the sale and maintain
adequate tax certificate records.
   (C) Establish rules and procedures for the making of offers on any
tax certificate.
   (D) Publish the determinations, fees, rules, and procedures
described in this paragraph.
   (E) Make these determinations, fees, rules, and procedures
available to any person upon request.
   (2) The tax collector has the right to accept or reject any or all
bids in his or her sole discretion, subject to the determinations,
fees, rules, and procedures described in paragraph (1).
   (b) Except as provided in subdivision (c), the tax collector may
not sell a tax certificate if any of the following apply:
   (1) The parcel is not on the secured roll or supplemental roll.
   (2) The parcel is owned by a governmental agency.
   (3) The total amount of taxes and assessments to be assigned
thereby is less than one hundred dollars ($100), unless the parcel is
included in a bulk sale.
   (4) The parcel has a recorded public notice concerning pollution
or contamination to the degree that the parcel poses a public health
concern or environmental hazard.
   (5) The parcel was subject to a proceeding in federal bankruptcy
court prior to the sale of the tax certificate.
   (6) The parcel was subject to any condemnation proceedings prior
to the sale of the tax certificate.
   (c) Notwithstanding subdivisions (a) and (b), the tax collector
may sell or resell tax certificates for parcels described in
paragraphs (3), (4), (5), and (6) of subdivision (b), any certificate
subject to the Sailors and Soldiers Relief Act, and for parcels
described in paragraph (5) of subdivision (a) of Section 4527, at a
discount, in accordance with the determinations, fees, rules, and
procedures published by the tax collector.
   (d) If, pursuant to Section 4521, the tax collector is required to
offer for sale a tax certificate for which there exists an
outstanding tax certificate for the assignment of taxes and
assessments for a previous year, until the date occurring six months
after the date specified in Section 4521, the tax collector shall
offer to sell the tax certificate to the holder of the outstanding
tax certificate. The tax collector shall notify the holder of the
outstanding tax certificate by certified mail of the default
requiring the issuance of an additional tax certificate with respect
to the same parcel, and of the tax certificate holder's right, until
the date one month after the receipt of this notice, to purchase the
additional certificate on the same terms as the outstanding
certificate. In addition, the holder of the outstanding tax
certificate shall have the right of first refusal to purchase the tax
certificate with respect to the same parcel at the highest bid
amount until all tax certificates with respect to that parcel are
redeemed or canceled. During the six-month period, at the option of
the holder of the most recently issued outstanding tax certificate,
the tax collector shall sell the tax certificate to the holder of the
outstanding tax certificate on the same terms as that outstanding
tax certificate.


4529.  The tax collector shall make and maintain the tax certificate
record which shall be a list of all the tax certificates sold,
showing the date of the sale, a description of the parcel, the name
of the purchaser (or the successor), the purchase price, the amount
of any payments received by the holder, and how those amounts were
applied to the taxes, assessments, and assigned penalties.



4530.  Any tax certificate may be transferred at any time before it
is canceled by endorsement by the tax collector, if the tax
certificate is held in physical form, or by electronic transfer, if
that tax certificate is held on book-entry form. The tax collector
shall modify the tax certificate to indicate the new holder. The
official endorsement of a tax certificate by the tax collector with
the date and its entry on the tax certificate record, together with a
notation showing the new holder, shall be sufficient evidence of the
assignment of the tax certificate.



4531.  (a) A holder of a tax certificate may apply to the tax
collector for a duplicate certificate if the original certificate has
been lost or destroyed. The tax certificate holder shall give an
affidavit to the tax collector stating that the affiant is the owner
of the tax certificate and that the tax certificate was lost or
destroyed. The tax certificate holder shall pay a fee for the
issuance of the duplicated tax certificate in an amount as determined
by the tax collector.
   (b) The tax collector shall issue a duplicate tax certificate, and
shall plainly mark or stamp that tax certificate as a duplicate, and
enter the fact of the duplicate in the tax certificate record
opposite the entry of the sale for which the lost or destroyed tax
certificate was issued. He or she shall enter in the same place a
notation of the alleged loss or destruction, whether or not the
duplicate certificate is issued.