FAQs About Defaulted Land Sales

The right ceases at the close of business on the last business day prior to the tax default sale.

State law dictates that the minimum sale price for a tax-defaulted parcel offered at a tax sale shall be no less than the total amount necessary to redeem the parcel plus costs. The minimum bid may be set at a greater amount at the tax collector's discretion.

No. Legal title to tax-defaulted property subject to the tax collector's power to sell can be obtained only by becoming the successful bidder at the county tax sale.

While we try to give all possible assistance in helping prospective purchasers pinpoint a property location, vacant land has no address and must be determined through the use of county assessor plat maps and perhaps, a map book. Exact boundary lines of a property can be determined only by a survey of the property initiated at the purchaser's expense.

Consult the zoning division of any city within which a property lies or the zoning division (Marin County’s Community Development Agency) for a parcel in an unincorporated area (not within a city boundary). Examine the county recorder's records for any recorded easements on a property. A title search report can be sought from a local title insurance company at the requestor's expense.

The public auction notice is published three times in successive seven-day intervals before the tax sale date in the local newspaper.

Title is vested in the name of the actual purchaser. If title is to be vested differently, we require a notarized letter from the individual for whom you are acting as an agent, stating the manner in which title is to be vested.

Pursuant to Section 3712 of the Revenue and Taxation Code, the tax deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, except:

1. Any lien for installments of taxes and special assessments, that installments will become payable upon the secured roll after the time of the sale.
2. The lien for taxes or assessments or other rights of any taxing agency that does not consent to the sale under this chapter. (Section 3712)
3. Liens for special assessments levied upon the property conveyed that were, at the time of the sale under this chapter, not included in the amount necessary to redeem the tax-defaulted property, and, where a taxing agency that collects its own taxes has consented to the sale under this chapter, not included in the amount required to redeem from sale to the taxing agency.
4. Easements of any kind, including prescriptive, constituting servitudes upon or burdens to the property; water rights, the record title to which is held separately from the title to the property; and restrictions of record.
5. Unaccepted, recorded, irrevocable offers of dedication of the property to the public or a public entity for a public purpose, and recorded options of any taxing agency to purchase the property or any interest therein for a public purpose.
6. Unpaid assessments under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) that are not satisfied as a result of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8, or that are being collected through a foreclosure action pursuant to Part 14 (commencing with Section 8830) of Division 10 of the Streets and Highways Code. A sale pursuant to this chapter shall not nullify, eliminate, or reduce the amount of a foreclosure judgment pursuant to Part 14 (commencing with Section 8830) of Division 10 of the Streets and Highways Code.
7. Any federal Internal Revenue Service liens that, pursuant to provisions of federal law, are not discharged by the sale, even though the tax collector has provided proper notice to the Internal Revenue Service before that date.
8. Unpaid special taxes under the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) that are not satisfied as a result of the sale proceeds being applied pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8, or that are being collected through a foreclosure action pursuant to Section 53356.1 of the Government Code. A sale pursuant to this chapter shall not nullify, eliminate, or reduce the amount of a foreclosure judgment pursuant to Section 53356.1 of the Government Code.

No. A live public auction requires the bidder to be present in order to bid on properties. An online public auction requires payment within the online auction platform.

Payment must be made in cash (live public auction only), cashier's check, certified check or money order for the minimum bid. Thereafter, the balance may be paid by personal check. If a check does not clear the bank, the minimum bid will be forfeit and legal action may be taken to recover the remaining bid amount.

Generally, the successful bidder may take possession of a property after making payment in full and complying with any conditions set forth by the tax collector. You should consult an attorney for information regarding possession. Most title companies will not insure title on properties sold at a public auction for at least one (1) year after the tax deed has been recorded. Legal action to challenge a tax sale must be commenced within one (1) year of the tax recording date.

This is a civil matter that could involve eviction proceedings or a disposition of personal belongings. You may wish to seek private legal advice.

Be sure you want the property before you bid. ALL SALES ARE FINAL AND THERE ARE ABSOLUTELY NO REFUNDS. If you default, under California State Law, the county cannot resort to the second highest bidder and will be required to take legal action against you. Failure to consummate the sale within the specified time shall result in the forfeiture of any deposit made and all rights that the purchaser may have had with respect to the property. Failure to consummate the sale will also bar the bidder form participating in future tax sales in Marin County for up to five years.

PARCELS ARE SOLD "AS IS".