SECTIONS 3101-3107 - California Statutes

REVENUE AND TAXATION CODE

SECTION 3101-3107

3101. If any unsecured tax, interest, or penalty imposed under this
part is not paid by the last day of the month succeeding the
delinquency date, the official collecting taxes on the unsecured roll
may file, no sooner than 10 days after the mailing of the notice
required in subdivision (b), in the office of the clerk of the court,
without fee, a certificate specifying as follows:
(a) The fact that a notice of intent to file the certificate had
been sent, by registered mail, to the assessee, at his or her last
known address, not less than 10 days prior to the date of the
certificate.
(b) The fact that the notice required in subdivision (a) set forth
the following information:
(1) The name of the assessee.
(2) The description of the property assessed.
(3) The assessed value of the property.
(4) The fact that judgment will be sought in the amount of the
tax, penalty, and interest that is unpaid at the time of the filing
of the certificate.
(5) The fact that, upon the issuance and recordation of that
judgment, additional penalties will continue to accrue at the rate
prescribed by law, and that any bond premium posted or other costs to
enforce the judgment shall be an added charge.
(6) The fact that a recording fee in the amount set forth in
Section 27361.3 of the Government Code will be required to be paid
for the purpose of the recordation of any satisfaction of the
judgment lien.
(c) The name of the assessee.
(d) The amount for which judgment is to be entered.
(e) The fact that the county has complied with all provisions of
this part in the computation and the levy of the tax, penalty, and
interest.
(f) The fact that a request is therein made for the issuance and
entry of judgment against the assessee.

3102. The clerk of the court immediately upon the filing of the
certificate shall enter a judgment for the county against the
assessee in the amount of the tax, penalty, and interest set forth in
the certificate. The clerk of the court may file the judgment in a
looseleaf book entitled "County Unsecured Property Tax Judgments."

3103. An abstract or a copy of the judgment with respect to
unsecured taxes shall be recorded, without fee, in the office of the
county recorder of any county. From the time of the recording, the
amount of the tax, penalty, and interest set forth constitutes a lien
upon all property of the assessee in the county, owned by him or her
or afterward, and before the lien expires, acquired by him or her.
The lien has the force, effect, and priority of a judgment lien and
continues for 10 years from the date of the recording unless sooner
released or otherwise discharged. The lien imposed by this section
shall not be valid insofar as personal property is concerned as
against a purchaser for value without actual knowledge of the lien.

3104. Notwithstanding any other provisions of law relating to
interest authorized or allowed as a result of any judgment duly
entered, the additional penalty provided for in this division shall
be imposed in lieu of any such judgment interest.

3104.5. In addition to any penalty or fee imposed pursuant to this
part, a penalty equal to the amount of any bond premium posted, or
other costs incurred to enforce the judgment entered pursuant to this
chapter shall be imposed.

3105. Within 10 years from the date of the recording or within 10
years from the date of the last extension of the lien in the manner
provided for in this section, the lien may be extended by recording
in the office of the county recorder of the county an abstract or
copy of the judgment. From the time of the recording the lien extends
to the property for 10 years unless sooner released or otherwise
discharged.

3106. Execution shall issue upon the judgment upon request of the
official collecting taxes on the unsecured roll in the same manner as
execution may issue upon other judgments, and sales shall be held
under such execution as prescribed in the Code of Civil Procedure.

3107. (a) The judgment is satisfied and the lien removed when, but
not before, the satisfaction of the judgment is recorded in the
office of the county recorder. In addition to the judgment amount,
and any additional penalty authorized by this part, the tax collector
may collect the recording fee in the amount required by Section
27361.3 of the Government Code and transmit the amount of that fee to
the county recorder together with the documents for release or
discharge.
(b) The judgment is also satisfied and the lien removed when, but
not before the tax is legally canceled and a satisfaction of judgment
lien is recorded in the office of the county recorder. A recording
under this subdivision shall be made without fee.