Section § 37150

Explanation

If you've lost property to a district because of unpaid assessments, you can reclaim it within three years of the sale, as long as the official deed hasn't been given out yet. To do this, you must pay the original sale price plus 9% yearly interest, with a minimum of 0.75% per month. You also need to pay any new assessments and penalties on the property after the sale, again with 9% yearly interest. Plus, you'll cover recording fees for the sale and redemption certificates and any publication costs. The 'redemptioner' is the person who originally owned the property or their successor.

Property sold to the district for delinquent assessments may be redeemed by the redemptioner within three years from the date of sale, or thereafter before a collector’s deed of the property has been delivered, by payment in lawful money of the United States to the collector the sum of the following:
(a)CA Water Code § 37150(a) The amount for which the property was sold, together with interest thereon at the rate of 9 percent per year from the date of sale, but not less than three-fourths of 1 percent for any portion of a month.
(b)CA Water Code § 37150(b) The amount of assessments against the property, with the delinquent penalties thereon, assessed subsequent to sale, together with interest on such assessments as are delinquent and the penalties thereon at the rate of 9 percent per year from the date of delinquency, but not less than three-fourths of 1 percent for any portion of a month.
(c)CA Water Code § 37150(c) The amount of the recorder’s fees in recording the certificate of sale and the certificate of redemption.
(d)CA Water Code § 37150(d) The costs of publication of notice as required by Section 36951.
As used in this section, the “redemptioner” is the person whose estate has been sold, or his successor in interest.

Section § 37151

Explanation

This section lays out the process a collector must follow when someone redeems a property. Upon receiving the redemption money and the recorder's fee, the collector must issue two certificates of redemption. These certificates confirm the payment and provide details about the original sale record, including the date and location of the record.

On receipt of the redemption money plus the amount of the recorder’s fee the collector shall make out duplicate certificates of redemption reciting the payment and stating the date of recordation of the certificate of sale to which the redemption applies and the book and page where the same is recorded or the recorder’s document number.

Section § 37152

Explanation

This law requires that when certificates of redemption are issued, one of the copies must be given to the person redeeming the property, known as the redemptioner.

One of the duplicate certificates of redemption shall be given to the redemptioner.

Section § 37153

Explanation

When issuing a duplicate certificate of redemption, the collector must also record it with the county recorder's office where the original certificate of sale is filed.

The collector shall record the other duplicate certificate of redemption with the county recorder in whose office the certificate of sale is on record.

Section § 37155

Explanation

This law explains that if a property has been sold due to unpaid assessments and has not been reclaimed by the original owner within three years, the local authority can officially claim ownership. The process involves the collector delivering a deed to the district once a formal decision is made, and proper notice is given. Once the deed is recorded, the original owner's chance to reclaim the property ends.

If the property sold for delinquent assessments has not been redeemed and three years have elapsed from the date of its sale to the district, the collector, upon demand made by resolution of the board and after giving the notice required by Section 37155.1, shall deliver a collector’s deed to the property to the district. The right of redemption shall terminate upon recording of the collector’s deed to the property by the district.

Section § 37155.1

Explanation

This section outlines the requirements for publishing a notice before delivering a collector’s deed for a property sold to a district due to unpaid assessments. The notice must be published between 45 and 60 days before the deed is delivered, containing key details such as the date of notice, the elapsed time since the property was sold, and a statement that the board has requested the collector’s deed. It must also explain the redemption process and the implications if this is not completed, provide the date and time the deed will be executed, and include the contact details of the official providing further information. Other necessary details include property descriptions, amounts needed to redeem the property, and delinquent assessment years.

After receiving a demand for a collector’s deed pursuant to Section 37155, and not less than 45 days nor more than 60 days before delivery of a collector’s deed pursuant to that demand, the collector shall publish in the manner prescribed in Section 6063 of the Government Code a notice which shall contain all of the following:
(a)CA Water Code § 37155.1(a) The date of the notice.
(b)CA Water Code § 37155.1(b) A statement that as of a stated date, three years or more will have elapsed since the property or properties described in the notice were sold to the district pursuant to Chapter 4 (commencing with Section 36950).
(c)CA Water Code § 37155.1(c) A statement that on the stated date, the board, by resolution, demanded delivery of a collector’s deed to the property to the district.
(d)CA Water Code § 37155.1(d) A statement that unless sooner redeemed, or, if the district has provided for installment redemption, an installment plan of redemption is initiated, a collector’s deed to the property will be delivered to the district.
(e)CA Water Code § 37155.1(e) The date and time at which the collector’s deed will be executed and delivered.
(f)CA Water Code § 37155.1(f) A statement that if the collector’s deed is executed and delivered the right of redemption will terminate.
(g)CA Water Code § 37155.1(g) The name, address, and telephone number of the official who will furnish all information concerning redemption.
(h)CA Water Code § 37155.1(h) The fiscal year or years for which the delinquent assessments were levied.
(i)CA Water Code § 37155.1(i) A description of the property.
(j)CA Water Code § 37155.1(j) The amount required to redeem, which shall include the amounts specified in Section 37155.3.
(k)CA Water Code § 37155.1(k) The name of the assessee on the current assessment book of the district.
(l)CA Water Code § 37155.1(l) The street address of the property, if available.

Section § 37155.2

Explanation

This section requires that at least 45 days, but no more than 60 days, before a collector's deed is issued, a notice must be sent via certified mail to anyone with an interest in the property. This notice is based on the similar notice published earlier according to Section 37155.1. The collector must make a reasonable effort to identify the parties of interest, which are those who own any interest in the property that would end if a collector's deed is issued. These efforts include obtaining a lot book guarantee from a title insurer, checking county property tax records, and reviewing phone books for the area.

After the first publication of the notice required by Section 37155.1, and not less than 45 days, nor more than 60 days, before the date specified in that notice for the delivery of a collector’s deed, the collector shall send by certified mail to each of the parties of interest, as specified in this section, at his or her last known address a copy of the notice published pursuant to Section 37155.1. The collector shall make a reasonable effort to ascertain the names and addresses of each of the parties of interest, including, but not limited to, the securing of a lot book guarantee from a title insurer authorized to conduct business as such in this state with respect to the delinquent property, dated as of the date of the board’s demand resolution; an examination of the county’s assessments of the delinquent property on the rolls beginning with the year of delinquency to and including that of the last equalized roll; an examination of the most recent telephone books in the county in which the delinquent property is located; and an examination of the telephone books covering the area of the last known address of each party of interest.
For the purposes of this section, a “party of interest” is the holder of any interest in the delinquent property which would be terminated by execution and delivery of a collector’s deed.

Section § 37155.3

Explanation

When a notice is published as required, some extra costs are added to the amount owed to reclaim a property. These extra costs include the expense of publishing the notice and the cost of obtaining a lot book guarantee, which is a document detailing property ownership and interests.

Upon first publication of the notice required by Section 37155.1, there shall be added to the amount to redeem as provided in Section 37150 the sum of the following:
(a)CA Water Code § 37155.3(a) The cost of publication of the notice required by Section 37155.1.
(b)CA Water Code § 37155.3(b) The cost of securing the lot book guarantee required by Section 37155.2.

Section § 37156

Explanation

This section explains what must be included in a collector's deed when property is sold by a water district due to unpaid assessments. The deed should state the date of sale and confirm that no one has reclaimed (redeemed) the property within the allowed time. It provides a template for the document, which shows the property description and specifies that the collector grants the property to the district. The document must be signed and sealed by the district collector.

A collector’s deed shall contain the date of sale and his statement that no person redeemed the property during the time allowed for its redemption; and may be in substantially the following form, the blanks being filled to show the facts in each case:

Collector’s Deed
______ Water District
On the ____ day of _____, 19__, the collector of _____ Water District sold to _____ Water District, for a delinquent assessment, real property situated within the district, and in the County of _____, State of California, described as follows:

(insert description)
No person has redeemed the property from the sale; the time for redemption has elapsed; and the purchaser has demanded a deed to the property.
Wherefore, I, the collector of _____ Water District grant to _____ Water District all of the real property aforesaid.
WITNESS MY HAND and the seal of the district this ____ day of ____ 19__.
(DISTRICT SEAL) _____ Collector of ___________ Water District

Section § 37157

Explanation

This law states that when a collector transfers property to a district, the transfer must be documented like any other real estate transaction, which means recording the deed officially.

A collector’s deed to a district shall be recorded in the usual manner of recording conveyances of real property.

Section § 37158

Explanation

This law states that once a property is sold through a collector's deed, the district gets complete ownership of it, free from any other claims, except for certain tax-related liens. If the property is owned by the U.S. or the State, the deed is evidence of possession rights. The district can then sell or lease the property, using a decision-making process to ensure the best outcome for the district. Any sale must be approved by a resolution documenting the sale terms.

The collector’s deed conveys to the district title to the property described therein free of all encumbrances, except liens for taxes and assessments levied for state, county, municipal or other district purposes, unless the property is owned by the United States or this State in which case it is prima facie evidence of the right of possession. The title acquired by the district may be sold at public auction or private sale and conveyed by deed executed and acknowledged by the president and secretary. Authority to convey shall be conferred by resolution of the board entered on its minutes fixing the sales price in the best interest of the district. The district may also lease or otherwise deal with the property as is in the best interest of the district.

Section § 37159

Explanation

This section states that a collector's deed, once confirmed or proven, serves as initial proof that several legal steps were followed: the land was properly assessed and equalized, assessments levied correctly and went unpaid, the property was sold legally, was not reclaimed, and the deed was executed by the right official.

A collector’s deed when acknowledged or proved is prima facie evidence that:
(a)CA Water Code § 37159(a) The land was assessed as required by law.
(b)CA Water Code § 37159(b) The land was equalized as required by law.
(c)CA Water Code § 37159(c) The assessments were levied in accordance with law.
(d)CA Water Code § 37159(d) The assessments were not paid.
(e)CA Water Code § 37159(e) At a proper time and place the property was sold as prescribed by law.
(f)CA Water Code § 37159(f) The property was not redeemed.
(g)CA Water Code § 37159(g) The person who executed the deed was the proper officer.

Section § 37160

Explanation

This law states that once a collector's deed is acknowledged or verified, it is considered definitive proof that all processes leading up to the creation of the deed, starting from the assessor's evaluation, were conducted correctly. However, this does not apply if there was any actual fraud involved.

Except as against actual fraud a collector’s deed acknowledged or proved is conclusive evidence of the regularity of all of the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed.

Section § 37161

Explanation

This law says that if you want to challenge a collector’s deed by claiming it's invalid or doesn't properly transfer full ownership of the property, you must start this legal action within one year of the deed being officially recorded.

An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any collector’s deed executed to the district or based on the alleged ineffectiveness of the deed to convey the absolute title to the property described in it may be commenced or interposed only within one year after the recordation of the deed.

Section § 37162

Explanation

This law says that if you want to challenge the validity or effectiveness of a sale, lease, or similar document created by a district concerning property it receives from a collector, you have to start your challenge within one year of the document being signed by the district.

An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any agreement of sale, deed, lease, or option executed by a district in connection with property deeded to it by its collector or based on the alleged ineffectiveness of the instrument to convey or affect the title to the property described in it may be commenced or interposed only within one year after the execution by the district of the instrument.

Section § 37163

Explanation

This law section outlines exceptions where previous sections 37161 and 37162 do not apply. These exceptions include cases where assessments were paid before a property sale, property redemption occurred after the sale, the land wasn't eligible for assessment, no assessments were due at the time of sale, fraud is present, the deed is obviously invalid, or if the property's owner was a minor or mentally incapacitated at the time of sale. In situations involving minors or those deemed insane, the period for challenging the sale doesn't start until the disability ends.

The provisions of Sections 37161 and 37162 do not apply in the following cases:
(a)CA Water Code § 37163(a) Where the assessments for which the property was sold were paid before the sale.
(b)CA Water Code § 37163(b) Where the property was redeemed after the sale.
(c)CA Water Code § 37163(c) Where the land was not subject to assessment at the time it was assessed.
(d)CA Water Code § 37163(d) Where no assessments were due on the land at the time of sale.
(e)CA Water Code § 37163(e) Where fraud is established.
(f)CA Water Code § 37163(f) Where the deed is void on its face.
(g)CA Water Code § 37163(g) Where the owner of the land was at the time of the sale a minor or insane person, in which case the earliest time that the statute of limitations begins to run is when the disability is removed.

Section § 37164

Explanation

In California, if you claim that an agreement or transaction like a deed, lease, or option is invalid or flawed, it's your responsibility to prove it. You must clearly state the specific reasons why you believe it to be invalid or irregular.

The burden of proof shall be upon the party urging the invalidity, irregularity, or ineffectiveness of an agreement, deed, lease, or option described in Sections 37161 and 37162 or of any assessments, sales, or assessment deeds of which he complains to show the invalidity, irregularity, or ineffectiveness, and he shall be required to plead specifically the grounds upon which he urges the invalidity, irregularity, or ineffectiveness.