Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Property Taxation

Part 6. Tax Sales

CHAPTER 7. Sale to Private Parties After Deed To State

Section 3707

3707. Redemption right. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the date of the sale.

(2) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.

(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collector's office prior to the time established in paragraph (1) of subdivision (a).

(c) The sale shall be deemed complete when full payment has been received by the tax collector.

(d) The right of redemption revives if the property is not sold.

History.—Original section, which was identical with the present section, was repealed by Stats. 1941, p. 138 (First Extra Session, 1940), in effect June 1, 1941. The present section was enacted by Stats. 1941, p. 3099, in effect September 13, 1941, containing provisions relative to sales to last assessee, which were deleted by Stats. 1943, p. 1989. Stats. 1980, Ch. 411, in effect July 11, 1980, operative January 1, 1981, added "(a)" before "If not" in the first paragraph, and added subdivision (b). Stats. 1984, Ch. 988, in effect September 11, 1984, substituted "tax-defaulted" for "tax-deeded." Stats. 1986, Ch. 1420, effective January 1, 1987, substituted subdivision (a) for former subdivision (a), which provided that "If not previously terminated, on completion of any sale under this chapter the right of redemption is terminated."; substituted "time established in subdivision (a)" for "completion of any sale under this chapter" after "to the" in subdivision (b); and added subdivision (c) and subdivision (d). Amended by Stats. 2004, Ch. 194 (SB 1832), in effect January 1, 2005.

Note.—See note following Section 2194.

Application.—Section 3511.4 of the Revenue and Taxation Code (repealed June 5, 1947), extending the right of redemption, did not refer or apply to this section. Larkin v. Bank of America, 93 Cal.App.2d 594.

Construction.—The right to redeem tax-delinquent property is governed by statute and the time of termination of such right is not affected by statements of the tax collector. Union Title Insurance and Trust Co. v. Thorp, 94 Cal.App.2d 421.