Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Property Taxation

Part 7.5. Tax Certificates

CHAPTER 1. General Definitions


Part 7.5. Tax Certificates*

* Part 7.5 was added by Stats. 1995, Ch. 189, in effect July 24, 1995.

Chapter 1. General Definitions.

4501. Definitions. The definitions in this chapter shall govern the construction of this part.

4502. Assigned penalties. "Assigned penalties" means, with respect to any taxes and assessments assigned pursuant to a tax certificate, any and all penalties related thereto which are or may be payable pursuant to Sections 2617, 2618, 2704, 2705, 2759, 2760, 2761, 2762, and 4103.

4503. Delinquency date. "Delinquency date" means the date on which a delinquency penalty attaches to taxes pursuant to Section 75.52, 2617, 2618, 2704, 2705, 2759, 2760, 2761, or 2762, as applicable.

4504. Secured roll property. "Secured roll property" means property that remains on the secured roll after taxes thereon have been declared in default.

4505. Tax certificate. "Tax certificate" means the intangible property right created upon a sale by the tax collector pursuant to Chapter 3 (commencing with Section 4521) of the right to receive all amounts in respect of a delinquency in connection with secured roll property or property on the supplemental roll.

(a) A tax certificate shall be issued for a separately assessed parcel, or for multiple parcels with separate assessments, that are delinquent or defaulted at the time of the offer of the sale of the tax certificate and not for any subsequent year taxes or assessments. A tax certificate shall identify the parcel or parcels securing the certificate, bear the date of the purchase of the tax certificate, the name of the purchaser (or any successor) of the tax certificate, the total amount due, including taxes and assessments, being assigned to the purchaser of the tax certificate (as they may be reduced pursuant to subdivision (b) of Section 4525), and the purchase price of the tax certificate.

(b) Tax certificates may be in the form of physical certificates or may be in book-entry form, including an electronic medium, in the discretion of the county.

History—Stats. 1996, Ch. 699, in effect January 1, 1997, substituted "issued for a separately assessed parcel, or for multiple parcels with separate assessments," for "issued only for a separately assessed parcel and for the taxes and assessments," after "certificate shall be" in the first sentence, substituted "parcel or parcels securing the certificate, bear" for "parcel," after "shall identify the" in the second sentence, and substituted "the total amount due, including taxes and assessments," for "the amount of the due and unpaid taxes and assessments" after "the tax certificate," in the second sentence of subdivision (a); deleted former subdivision (b) which provided that "A tax certificate shall evidence the assignment to the holder of the tax certificate of the due and unpaid taxes and assessments set forth therein and represented by the lien on the secured roll property or the property on the supplemental roll, together with the assigned penalties, and the right to receive amounts in respect thereof that are received by the tax collector, 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."; and relettered former subdivision (c) as subdivision (b), and deleted "in" after "including" therein.

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