State Government
Publications Guides, Manuals, and Reference Materials County Tax Collectors' Reference Manual (2012) Chapter 5000 Redemptions 5430 Notice of Power to Sell: Partial Rescission5430 Notice of Power to Sell: Partial Rescission
5430. GENERAL APPLICATION
When a portion of the property is redeemed, the tax collector must record a partial rescission. Form SCO 5-09.pdf complies with the statutory requirements for rescinding the notice when a portion of the property is redeemed.
In addition to the fee for recording the rescission, actual and reasonable costs must be collected (Rev. & Tax. Code §4112(a)). These costs are deposited in the county general fund to reimburse the county for the cost of obtaining the names and last known mailing addresses of parties of interest, as defined by Revenue and Taxation Code section 4675, and of mailing notices to them, as required by Revenue and Taxation Code sections 3701 and 3799 (see M-5102 regarding redemption amount).
CAUTION: When payment is in the form of negotiable paper, the tax collector should allow sufficient time for it to be processed by the bank before the rescission is executed and recorded (Rev. & Tax. Code §2509).
The tax collector should ascertain that all of the segregation requirements have been met prior to rescinding the recorded notice on the property. See M-5311 et seq. for a discussion of the requirements for redemption of a portion of tax-defaulted property.
See M-5440 et seq. for instructions on completing a partial rescission of the Notice of Power to Sell Tax-Defaulted Property.