State Government
8280-8285 Sealed Bid: Recommended Sale Procedures
8280. PRELIMINARY ANNOUNCEMENT
It is recommended that the date, time, and place of the sealed bid sale be stated in the notice to bidders and in the published and/or posted notice of sale. Prior to opening the bids, the tax collector should announce that the bidding is closed and that no additional bids will be accepted.
8280.5. NOTICE OF POSTPONEMENT OF THE DATE OF SALE
The tax collector may postpone the opening of the bids or any portion thereof for seven or fewer days simply by declaring, at the time and place originally fixed for date of the sale, the new time, date, and place. To postpone a sealed bid sale for eight to ninety days, the tax collector should make a declaration to this effect and send written notice of the postponement to parties of interest as defined in section 4675. A notice of the postponement should also be sent to the parties who sent in bids.
The right of redemption is automatically extended, as prescribed in section 3705, to the new date.
Events that may cause postponement are public calamity, illness of staff members, inclement weather, or other unexpected events that may occur on the date the sale is scheduled. Individual items may also be postponed for any reason, including bankruptcy, by the tax collector.
8281. OPENING OF BIDS
It is recommended that the sealed bids be opened and read in the presence of the public and any prospective purchasers.
8282. RECORD OF BIDS RECEIVED
All bids should be tabulated and a record prepared of the bids received. It is recommended that unsuccessful bidders be notified within 15 days and their checks returned.
8283. NOTICE TO UNSUCCESSFUL BIDDERS
It is recommended that, when the checks are returned to the unsuccessful bidders, a notice be included informing them that they were not the successful bidder.
8284. NOTICE TO SUCCESSFUL BIDDERS - RECEIPT
In accordance with the Terms and Conditions of Sealed Bid Sale (form SCO 8-11), it is recommended that the successful bidder be given written notification that his/her bid has been accepted. The notice should be in the form of a receipt to the successful bidder. Form SCO 8-12 is recommended.
8285. DEED TO PURCHASER
After the successful bidder has been notified and the tax collector’s office is in possession of the funds, a deed to the property must be prepared, recorded, and issued to the purchaser. See M-8400 for the procedures necessary to prepare the deed to the purchaser. The deed should be vested according to the instructions of the purchaser.
The tax collector must record the deed (Rev. & Tax. Code §3708).
The preliminary change of ownership report (PCOR), normally required by Revenue and Taxation Code section 480.3 upon transfer of ownership, is not required after a tax collector's sale of tax-defaulted property. The information, given to the assessor pursuant to Revenue and Taxation Code sections 3716 and 3811, is deemed to constitute compliance with this requirement (Rev. & Tax. Code §480.3(c)).
