Do liens or encumbrances on a tax-defaulted property transfer to the new owner after purchase of the property at a tax sale?

Chapter 7, Section 3712 of the California Revenue and Taxation Code States: The 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.
  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 servitude 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 Sections 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. "

A title search initiated at the prospective purchaser’s expense should reveal any liens or encumbrances on a property in the tax sale. For more information, contact us at 707-253-4314.

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1. How can I register as a bidder?
2. How does the bidding process work?
3. How can a successful bidder pay for a property at the tax sale?
4. Can I obtain title to a property on the tax sale list by paying the delinquent taxes prior to the tax sale date? Does the county sell tax lien certificates?
5. How do I find a property I'd like to bid on at the tax sale?
6. When does the right to redeem (pay the taxes) a tax-defaulted property subject to the power to sell cease?
7. How can I determine what use I can make of a tax sale property before I purchase it?
8. How soon can I take possession of a property after purchase at the tax sale?
9. Do liens or encumbrances on a tax-defaulted property transfer to the new owner after purchase of the property at a tax sale?
10. How is the minimum price on a property offered at a tax sale determined?
11. Is a tax sale publicly advertised?
12. What are the foreclosure and eviction processes and will the county handle these processes for a fee?
13. Is property purchased in a tax sale eligible for title insurance?
14. Under what circumstances can the former owner challenge the validity of the auction?
15. What happens if I am the successful bidder but decide that I don't want the property after all?