State Government
8380-8382 Sale by Agreement: Post-Sale Requirements
8380. REPORT OF SALE
Within ten days after execution of the deed to the purchasing agency, the tax collector must report to the State Controller, the assessor, and the auditor the following information (Rev. & Tax. Code §3811):
1) The name of the purchaser (Rev. & Tax. Code §3811(a));
2) The date of the deed (Rev. & Tax. Code §3811(b));
3) The amount for which the property sold (Rev. & Tax. Code §3811(c));
4) The description of the property conveyed (Rev. & Tax. Code §3811(d)); and
5) The default number and the date the property was tax-defaulted.
NOTE: A duplicate of the deed to the purchaser serves as the report of sale to the Controller, or form SCO 8-07 may be adapted for this purpose. (See M-8173 - M-8193 for a discussion of the reporting requirements.)
Under a pro rata agreement, the "state fee" is due only upon resale and not when the property is first deeded to the agency (Rev. & Tax. Code §4672).
8381. STATE FEE
The state fee of $1.50 (Rev. & Tax. Code §4656.5), together with the $5 redemption fee pursuant to Revenue and Taxation Code section 4656.5, shall be distributed to the State of California upon completion of the agreement (Rev. & Tax. Code §4672). If tax-defaulted property is deeded to a taxing agency under an agreement requiring that the taxing agency resell the property, the state fee is due only at the time of resale.
8382. MARKING OF RECORDS
The fact and date of sale must be noted opposite each property on the delinquent tax records and on the current roll. Any charges against the collector having custody of those records shall be reduced accordingly (Rev. & Tax. Code §3813).
When property is sold under a pro rata agreement, the delinquent tax records and the current roll are to be marked "deeded to _____________," and, subsequently, "resold by ________," when reported sold by the taxing agency. The records are not finally cleared until the property has been sold to a private purchaser (M-8394).
