Section § 4101

Explanation

This law section means that you can pay off your back taxes and reclaim ownership of your property at any time unless your right to do so is officially ended.

Tax-defaulted property may be redeemed until the right of redemption is terminated.

Section § 4101.5

Explanation

This law allows the tax collector to send a notification to property owners if their property has a tax default status. This is an extra notice on top of what is already legally required.

The tax collector may provide notification of the tax defaulted status of the property to the property owner. This notice is in addition to the notification required by Section 2612.

Section § 4102

Explanation

To redeem a tax-defaulted property, you need to pay in U.S. currency the total of past unpaid taxes, any related late penalties and costs, plus specific redemption fees based on when the default occurred. For properties defaulted at different times, the fee varies: no fee for defaults before June 13, 1947, $1.50 for June 13, 1947 to June 13, 1969, $2 for June 13, 1969 to January 1, 1979, $5 for January 1, 1979 to January 1, 1984, and $15 for defaults afterward.

The amount necessary to redeem shall be paid in lawful money of the United States and is the sum of the following:
(a)CA Revenue & Taxation Code § 4102(a) The total amount of all prior year defaulted taxes.
(b)CA Revenue & Taxation Code § 4102(b) Delinquent penalties and costs.
(c)CA Revenue & Taxation Code § 4102(c) Redemption penalties.
(d)CA Revenue & Taxation Code § 4102(d) A redemption fee of one dollar and fifty cents ($1.50) on each separately valued parcel tax defaulted after June 13, 1947, and prior to June 13, 1969. A redemption fee of two dollars ($2) on each separately valued parcel tax defaulted after June 12, 1969, and prior to January 1, 1979. A redemption fee of five dollars ($5) on each separately valued parcel tax defaulted after January 1, 1979, and prior to January 1, 1984, and a redemption fee of fifteen dollars ($15) on and after that date. On property tax defaulted prior to June 13, 1947, there shall be no redemption fee collected.

Section § 4103

Explanation

This law explains how penalties for redeeming a property with defaulted taxes are calculated. Starting July 1 of the year when taxes are declared defaulted, a penalty of 1.5% per month is charged on the defaulted taxes until they're paid. If a month ends on the weekend or a holiday, the penalty is applied the next business day. Each following year, this 1.5% penalty continues on unpaid taxes. If county offices close early or on the following business day, it's considered a holiday for penalty timing. For administrative or bankruptcy proceedings, these penalties are treated as interest charges.

(a)CA Revenue & Taxation Code § 4103(a) Redemption penalties are the sum of the following:
(1)CA Revenue & Taxation Code § 4103(a)(1) Beginning July 1st of the year of the declaration of tax default, on the declared amount of defaulted taxes at the rate of 11/2 percent a month to the time of redemption. If the last day of any month falls on a Saturday, Sunday, or legal holiday, the additional penalty of 11/2 percent shall attach after the close of business on the next business day.
(2)CA Revenue & Taxation Code § 4103(a)(2) Beginning July 1st of each subsequent year, on the unpaid taxes for which the property would have been declared in default if there had not been a previous declaration, 11/2 percent a month to the time of redemption. If the last day of any month falls on Saturday, Sunday, or a legal holiday, the additional penalty of 11/2 percent shall attach after 5 p.m. on the next business day. If the board of supervisors, by adoption of an ordinance or resolution, closes the county’s offices for business prior to the time of delinquency on the “next business day” or for that whole day, that day shall be considered a legal holiday for purposes of this section.
(b)CA Revenue & Taxation Code § 4103(b) For purposes of an administrative hearing or any claim in a bankruptcy proceeding pertaining to the property being redeemed, the assessment of penalties determined pursuant to subdivision (a) with respect to the redemption of that property constitutes the assessment of interest.

Section § 4104

Explanation

This law outlines what a tax collector can do if a property isn't currently listed on the tax roll. The collector can either make the person redeeming the property pay current taxes and penalties as if the property was on the tax roll, or require them to pay current taxes, penalties, costs, and the redemption amount based on the property’s valuation provided by the assessor. However, this doesn't apply if the property isn't on the current roll because it was acquired by the state or a public agency through means other than a tax deed.

If the property is not on the current roll, the tax collector may do either of the following:
(a)CA Revenue & Taxation Code § 4104(a) Require that the redemptioner pay the current taxes and penalties as if the property were originally on the current roll.
(b)CA Revenue & Taxation Code § 4104(b) Require the redemptioner to pay the current taxes, penalties, and costs along with the amount necessary to redeem. The tax collector shall base his computation of the amount of these taxes on the valuation furnished him by the assessor.
This section is not applicable if the property is not on the current roll because of having been acquired by the state or other public agency other than by tax deed.

Section § 4104.3

Explanation

After settling tax matters, a record of unpaid taxes, penalties, and costs, known as the delinquent roll, stays on file with the tax collector. The auditor will then require the tax collector to account for these unpaid amounts.

After the settlement under Section 2630, the delinquent roll, or a photographic copy thereof, shall remain on file in the tax collector’s office and the auditor shall charge the tax collector with the amount of taxes, penalties and costs unpaid as shown on the delinquent roll.

Section § 4105

Explanation

In this law, the tax collector acts as the redemption officer for the county. If someone wants to redeem something, they must apply through the tax collector.

The tax collector shall be the redemption officer of the county. Application to redeem shall be made to the tax collector.

Section § 4105.1

Explanation

The tax collector is responsible for calculating how much money is needed to pay off and clear a tax debt.

The tax collector shall prepare an estimate of the amount necessary to redeem.

Section § 4105.2

Explanation

When someone pays off taxes on a property that was marked as tax-defaulted, the tax collector must issue a certificate showing the property is redeemed, if requested. This certificate must include certain details like the year it was defaulted, a description of the property, the amounts paid, the person who made the payment, and the redemption date.

Even if a physical certificate isn't made, all necessary information should be stored in a way that's easy for the public to access and understand.

When tax-defaulted property is redeemed and upon the request of the redemptioner, the tax collector shall issue a certificate of redemption. With the approval of the Controller as to form, each certificate of redemption shall show:
(a)CA Revenue & Taxation Code § 4105.2(a) The year of default.
(b)CA Revenue & Taxation Code § 4105.2(b) A description of the property.
(c)CA Revenue & Taxation Code § 4105.2(c)  The amounts to be paid.
(d)CA Revenue & Taxation Code § 4105.2(d) The name of the person making the payment.
(e)CA Revenue & Taxation Code § 4105.2(e) The date of redemption.
Notwithstanding any other provisions of this code, where no physical document of the extended redemption certificate is prepared, all entries required to be made on the extended certificate shall be so stored that it can be made readily available to the public in an understandable form.

Section § 4106

Explanation

This section explains the process for handling tax payment certificates. When a payment is made, the tax collector receives the certificates and the money, giving a receipt for each certificate. The person making the payment gets one certificate, and another stays with the tax office. If needed, the assessor or auditor can request an extra certificate.

The certificates, with the money, shall be delivered to the tax collector and he or she shall receipt each certificate.
One certificate shall be given to the person making payment and one shall remain in the tax collector’s office.
Upon request of the assessor or the auditor, an additional certificate shall be made.

Section § 4106.1

Explanation

This law allows tax collectors, with the approval of local supervisors, to set up a system to track individual tax redemption and installment payments. If this system is in place, people who pay by mail will only get a payment receipt if they ask for one. The payment forms must clearly state this rule and offer a way for taxpayers to request a receipt. If a receipt is requested, it must be provided free of charge.

With the approval of the board of supervisors the tax collector may establish a procedure for making and preserving a record of individual redemption and installment payments. When such a procedure is established, receipts for redemption and installment payments made by mail shall only be issued when a receipt is requested by the person making payment. The redemption certificate or installment plan form shall contain a statement that receipts will not be issued for payments made by mail unless a receipt is requested by the person making payment, and an appropriate place in which the taxpayer may request a receipt shall be provided on the redemption certificate and the installment plan form. Receipts requested shall be furnished without cost to the taxpayer.

Section § 4107

Explanation

This law allows county tax collectors to destroy original redemption certificates, but only if the board of supervisors approves it. A certified copy must be made and kept on substitute media for at least 12 years. After 12 years, even the substitute media can be destroyed.

Any redemption certificate may be destroyed by the county tax collector if (a) the destruction has been approved by order of the board of supervisors of the county, and (b) a certified, permanent record on a substitute media has been prepared in accordance with Section 26205 of the Government Code and the substitute media will be retained for at least 12 years from the date of creation of the original document. The substitute media may also be destroyed following the expiration of the 12-year retention period.

Section § 4108

Explanation

This law requires the tax collector to report and account for all the money they collect at least once every 12 months on dates the auditor approves. They must swear under oath that the money is handled lawfully.

Every six months, the tax collector also needs to file a detailed statement of all transactions and receipts for each month, showing the amounts collected for different funds or districts. This helps adjust the financial records (amounts charged to the tax collector) appropriately.

(a)CA Revenue & Taxation Code § 4108(a) Not less than once every 12 months and on dates approved by the auditor the tax collector shall account to the auditor for all moneys collected during the preceding month under this part. On the same day he or she shall file with the auditor a statement under oath showing that all money collected by him or her has been paid as required by law.
(b)CA Revenue & Taxation Code § 4108(b) Not less than once every 12 months and on dates approved by the auditor, the tax collector shall file with the auditor a statement under oath within six months after the close of each month’s business showing an itemized account of all his or her transactions and receipts under this part including the amount collected for each fund or district extended on the roll for such month.
The amounts charged to the tax collector shall be reduced accordingly.

Section § 4108.5

Explanation
This law requires the tax collector's records and accounts to be audited at least once every three years. This rule was not active from July 1, 1993, but became effective again on July 1, 1994.
(a)CA Revenue & Taxation Code § 4108.5(a) The records and accounts of the tax collector pursuant to this part shall be audited at least once each three years.
(b)CA Revenue & Taxation Code § 4108.5(b) This section shall become inoperative on July 1, 1993, and shall remain inoperative until July 1, 1994, on which date this section shall become operative.

Section § 4109

Explanation

This law requires the tax collector to record when a property is redeemed from delinquency, noting this information on the property list. If only part of the property is redeemed, the collector must also specify which part of the property was redeemed, its value, and the value of the remaining property.

The tax collector shall note the fact and date of redemption on the margin of each delinquent roll opposite the description of the property.
In the event that part of the property is redeemed, the tax collector shall also note:
(a)CA Revenue & Taxation Code § 4109(a) A description of the parcel redeemed.
(b)CA Revenue & Taxation Code § 4109(b) The value of the parcel redeemed.
(c)CA Revenue & Taxation Code § 4109(c) The value of the remainder of the property.

Section § 4109.5

Explanation

When someone pays their overdue property taxes in parts, the tax collector can note this on the official record by marking 'See Supplemental Record'.

The tax collector will maintain a separate detailed record showing who made the payments, a description of the property, the amount paid, which years the overdue taxes covered, and any redemption certificate issued.

If delinquent taxes are paid in installments, the tax collector may stamp or write “See Supplemental Record” on the margin of the delinquent roll, or abstract list.
On a supplemental record set up by the tax collector for the purpose, he shall show the name of the person making the payments, a description of the property, the amount paid, the year or years of delinquency, and the number of the certificate of redemption, if any, issued.

Section § 4110

Explanation

This law requires the tax collector to maintain an organized and up-to-date record or system for tracking properties that have become tax-defaulted. This system should clearly show the current status of any unpaid property taxes.

The tax collector shall prepare and set up a convenient and appropriate index record, or other workable system of tax-defaulted property. The record shall be kept regularly posted to reflect the immediate status of all items remaining unpaid on the delinquent rolls or abstract lists.

Section § 4112

Explanation

This section outlines the fees collected when tax-defaulted property is redeemed before a tax sale. Besides the redemption amount, the tax collector charges fees to cover the county's costs for notifying interested parties, recording the rescission of the sale notice, and preparing for a sale if redemption occurs close to the sale date. If the property is redeemed before the sale but after incurring notice or publication costs, the tax collector may collect an additional fee to cover those expenses.

Once the property is redeemed, the sale notice is voided, and the tax collector must officially record this change. The fees are set by the county and must comply with governmental rules.

(a)CA Revenue & Taxation Code § 4112(a) When tax-defaulted property subject to the notice recorded under Section 3691.4 is redeemed, the tax collector shall collect all of the following, in addition to the amount required to redeem:
(1)CA Revenue & Taxation Code § 4112(a)(1) A fee to reimburse the county for its actual and reasonable costs incurred in obtaining the names and last known mailing addresses of, and for mailing notices required by Sections 3701 and 3799 to, parties of interest as defined by Section 4675, which shall be distributed to the county general fund.
(2)CA Revenue & Taxation Code § 4112(a)(2) A fee in the amount required by Section 27361.3 of the Government Code that shall be distributed to the county recorder for the cost of recordation of a rescission of the notice, as required by subdivision (c).
(3)CA Revenue & Taxation Code § 4112(a)(3) A fee of one hundred fifty dollars ($150) if redemption is within 90 days of the proposed date for the tax sale of the redeemed property. In the case of unsold tax-defaulted properties remaining on the abstract after the tax sale, the fee shall become a part of the redemption amount and collectible whenever the property is redeemed. The fee shall be distributed to the county general fund to reimburse the county for costs incurred by the county in preparing to conduct that sale.
(4)CA Revenue & Taxation Code § 4112(a)(4) The amount described in subdivision (c) of Section 3704.7 to reimburse the county for the cost of a personal contact required by that section.
(b)CA Revenue & Taxation Code § 4112(b) Notwithstanding subdivision (a), if the tax-defaulted property is redeemed prior to the proposed sale, but after the county has incurred notice or publication costs pursuant to Section 3702 or 3798 in connection with a notice of intended sale, a fee in an amount reasonably necessary to reimburse the tax collector for those costs may be collected.
(c)CA Revenue & Taxation Code § 4112(c) When tax-defaulted property subject to the notice recorded under Section 3691.4 is redeemed, the notice becomes null and void and the tax collector shall execute and record with the county recorder a rescission of the notice in the form prescribed by the Controller. The rescission shall be acknowledged by the county clerk, without charge.
(d)CA Revenue & Taxation Code § 4112(d) The amount of any fee imposed under paragraph (1) of subdivision (a) or subdivision (b) shall be established by the board of supervisors of the county and shall be subject to the requirements of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code.

Section § 4113

Explanation

This law allows someone who has redeemed tax-defaulted property, or anyone claiming through them, to file a lawsuit to establish clear ownership, known as 'quiet title', over that property. They can pursue this legal action until a final judgment is reached.

Whenever tax-defaulted property is redeemed, the redemptioner or any other person claiming through the redemptioner may bring suit to quiet title to all or any portion of the property and prosecute it to final judgment.

Section § 4114

Explanation

If the tax collector makes a mistake in calculating the amount needed to redeem a property and this error leads to an underpayment, they can ask for the missing amount within four years. They must notify the property owner via registered or certified mail at their last known address.

The notification must include details about the error, explain that the initial payment was too low, specify the remaining balance, and warn that if the balance isn't paid within 30 days, it will be added to the regular tax bill.

When it can be determined from an inspection of the tax records that the tax collector has erroneously computed the amount necessary to redeem a parcel of property as to which a redemption certificate has been issued, and such error has resulted in an underpayment of the amount required to redeem such property, the amount of redemption deficiency may be collected by the tax collector, if within four years after the date of the underpayment, the tax collector sends notice of or a bill for the underpayment by registered or certified mail to the assessee of the property for the year in which the underpayment was made, at his last known address. The notice shall show:
(1)CA Revenue & Taxation Code § 4114(1) That the tax collector made an unintended error in computing the amount required to redeem the property.
(2)CA Revenue & Taxation Code § 4114(2) That as a result of the error, the payment made to redeem such property was insufficient to pay the amount required to redeem as specified in Section 4102.
(3)CA Revenue & Taxation Code § 4114(3) In detail, the balance due.
(4)CA Revenue & Taxation Code § 4114(4) A statement that if payment of the amount due is not made within 30 days following the date of this notice, the amount due will be transferred to the secured roll prepared or being prepared and will be collected like other taxes on such roll.

Section § 4115

Explanation

If a redemption deficiency isn't paid within 30 days after notice, it turns into a tax lien on the property for the upcoming year. This means it gets added to the property's secured tax roll and collected like regular property taxes. But, if the property is bought or gets a new loan before this transfer, the lien will be on the prior owner's unsecured tax roll instead.

On the roll, the entry must highlight this with a note about the deficiency and the parcel number. This note can either be on the roll itself or referenced in a separate document that lists the deficiency. Counties can choose how to maintain these records, sometimes using a delinquent tax abstract as the listing document.

If payment of the redemption deficiency is not made within 30 days following the mailing of the notice or bill required by Section 4114, the deficiency shall be transferred to the secured roll prepared or being prepared for the assessment year in which such notice or bill is mailed to the assessee, and shall thereafter be treated and collected like other taxes on such roll; provided, however, that if prior to the date of transfer to the secured roll, with the date of entry specified thereon, the real property on which such redemption deficiency constitutes a lien has been transferred or conveyed to a bona fide purchaser for value or becomes subject to a bona fide encumbrance for value, such redemption deficiency shall not create, impose or constitute a lien on such real property but shall be transferred to the unsecured roll in the name of the assessee at the time the original insufficient payment was made and shall thereafter be treated and collected like other taxes on said roll.
The entry on the roll shall be followed with “Deficiency in Redemption of Parcel Number ____ on __________, 19 _.” The foregoing entry may be made on a document separate from the roll if reference is made on the roll to the document wherein the entry is made. The delinquent tax abstract from which the redemption deficiency is transferred may, at the option of the county, serve as the separate document.

Section § 4116

Explanation

If the required notice about a redemption deficiency isn't sent out within 4 years of the original underpayment, that deficiency can't be collected. Instead, it must be canceled if the county's legal advisor agrees in writing and the board of supervisors orders it.

Any redemption deficiency on account of which the notice or bill required by Section 4114 is not mailed within 4 years after the date of the original insufficient payment shall not be collectible and shall, on order of the board of supervisors and with the written consent of the county legal advisor, be cancelled.