Excess proceeds from the sale of tax-defaulted property is defined as any amount that is more than one hundred fifty dollars ($150.00) after tax and assessment liens, fees and costs of the sale have been satisfied. Â Pursuant to Revenue and Taxation Code Section 4674 and the San Diego County Administrative Code of Ordinances Section 364.4 a fee is authorized to be deducted from the available excess proceeds to recover the cost of providing Notice of Excess Proceeds, and a fee is authorized for administering and processing a claim be assessed to claimants and deducted from available excess proceeds.
Parties of interest as defined in Section 4675 of the California Revenue and Taxation code having an ownership or lien holder interest of record in the property at the time of the property was sold at tax sale have a right to file a claim for any excess proceeds that remain. Details of properties sold at a previous year tax sale are available by viewing the Final Reports of Sale.
If you believe you may be entitled to all or any portion of the excess proceeds, please review the Excess Proceeds Claim Filing Instructions and complete a Claim Form and return it to this office with information and proof which would establish your right to claim excess proceeds.
A party of interest in the property that was sold at tax sale may assign his or her right to claim excess proceeds only be a dated, written instrument that explicitly states that the right to claim to claim excess proceeds is being assigned, and only after each party to the proposed assignment has disclosed to each other party all facts relating to the value of the right that is being assigned. Any assignment that does not comply with these requirements shall have no effect. Any person or entity who in any way acts on behalf of, or in place of, any party of interest with respect to filing a claim for excess proceeds shall submit proof with the claim that the amount of excess proceeds has been disclosed to the party of interest and that the party of interest has been advised of their right to claim excess proceeds on their own behalf. If you prefer to have an agent file your claim for you, or if you should decide to sell your claim, an "Assignment" must be completed and submitted in addition to the Claim for Excess Proceeds.
All claims must be filed not later than one year from the date the tax deed is recorded otherwise the claim cannot be considered. There are no exceptions to the one-year period to file a claim. No award determinations will be made until after the one year filing period has expired. Once a determination has been made, notice will be sent to each claimant advising the amount of excess proceeds awarded to each claimant. Any action or proceeding to challenge the award decision must be commenced within 90 days after the date of the decision.
If unclaimed excess proceeds remain at the end of one year after the recordation date of tax deed to purchaser, the tax collector may deduct the cost of maintaining the redemption and tax-defaulted property files that was not recovered and/or deposit the excess unclaimed proceeds into the county general fund.