SECTIONS 53925-53929.1 - California Statutes

GOVERNMENT CODE

SECTION 53925-53929.1

53925. This article shall govern the distribution of proceeds of
any sale by a local agency of real property for taxes or special
assessments, except where the sale is conducted and the proceeds are
accounted for as provided in Division 1 (commencing with Section 101)
of the Revenue and Taxation Code.

53926. There shall first be distributed to the general fund of the
agency conducting the sale for its costs, one hundred fifty dollars
($150) for all or any portion of each separately valued parcel of
real property, and amounts to reimburse the agency for the costs of
advertising the sales.

53927. After satisfaction of the amount specified in Section 53926,
the proceeds shall be distributed as follows:
(a) An amount of the proceeds up to but no greater than the amount
required, at the time of sale by the agency, to redeem the property
from the sale shall be distributed as follows:
(1) A pro rata share shall be distributed to each assessment fund
in an amount bearing the same proportion as the assessment due each
fund bears to the total amount of taxes and assessments necessary to
redeem the property at the time of sale by the agency.
(2) The remaining balance of the proceeds to be distributed under
this section shall be distributed to each tax fund in an amount
bearing the same proportion to the balance remaining as the tax rate
for each fund bears to the total tax rate applicable to the property
for the fiscal year preceding that in which the property was sold by
the agency.
(b) After satisfaction of the amounts specified in subdivision
(a), an amount of the proceeds necessary to satisfy current taxes and
assessments and applicable penalties and costs thereon shall be
distributed as if the property had not been sold by any agency for
collection of taxes or special assessments.

53928. After satisfaction of the amounts distributed under Sections
53926 and 53927, any excess in the proceeds shall be deposited by
the agency conducting the sale in a delinquent tax sale trust fund.
The excess proceeds shall be retained in such fund on account of, and
may be claimed by, parties of interest in the property as provided
in Section 53929. At the expiration of one year following the
execution of the deed to the purchaser, any excess proceeds not
claimed under Section 53929 shall be distributed as provided in
paragraph (2) of subdivision (a) of Section 53927.

53929. Any party of interest in the property at the time of sale
for taxes or special assessments may file with the agency conducting
the sale a claim for excess proceeds any time prior to the expiration
of one year following the execution of the deed to the purchaser.
The claims shall contain any information and proof deemed
necessary by the governing body of the agency conducting the sale to
establish the claimant's rights to all or any portion of the excess
proceeds.
No sooner than one year following the execution of the deed to the
purchaser, and if the excess proceeds have been claimed by any party
of interest as provided herein, such excess proceeds shall be
distributed on order of the governing body of the agency conducting
the sale to the parties of interest in the order of priority set
forth in subdivisions (a) and (b). For the purposes of this article,
parties of interest and their order of priority are:
(a) First, lienholders of record prior to the property being sold
for taxes or assessments, in the order of their priority, as to liens
that were extinguished by such sale; and
(b) Then, any person who would be established with title to all or
any portion of the property by redemption of such property
immediately prior to the sale.
In the event more than one party of interest, as defined in
subdivisions (a) and (b) of this section, file claims for the excess
proceeds as provided herein, the governing body of the agency
conducting the sale shall give all claimants opportunity for a
hearing to establish the priority and extent of their claim following
a period of at least 30 days after written notice has been given to
each claimant. Any action or proceeding to review the decision of the
governing body shall be commenced within 90 days after the date of
such decision of the governing body.

53929.1. This article shall not apply to proceedings under the
Improvement Act of 1911 (Division 7 (commencing with Section 5000) of
the Streets and Highways Code) and the Improvement Bond Act of 1915
(Division 10 (commencing with Section 8500) of the Streets and
Highways Code).