California 2017-2018 Regular Session

California Assembly Bill AB2746 Compare Versions

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1-Assembly Bill No. 2746 CHAPTER 284 An act to amend Section 3707 of the Revenue and Taxation Code, relating to taxation. [ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2746, Eduardo Garcia. Taxation: tax-defaulted property sales.Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3707 of the Revenue and Taxation Code is amended to read:3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
1+Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 20, 2018 Amended IN Assembly May 15, 2018 Amended IN Assembly April 26, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2746Introduced by Assembly Member Eduardo GarciaFebruary 16, 2018 An act to amend Section 3707 of the Revenue and Taxation Code, relating to taxation.LEGISLATIVE COUNSEL'S DIGESTAB 2746, Eduardo Garcia. Taxation: tax-defaulted property sales.Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3707 of the Revenue and Taxation Code is amended to read:3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
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3- Assembly Bill No. 2746 CHAPTER 284 An act to amend Section 3707 of the Revenue and Taxation Code, relating to taxation. [ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2746, Eduardo Garcia. Taxation: tax-defaulted property sales.Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 20, 2018 Amended IN Assembly May 15, 2018 Amended IN Assembly April 26, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2746Introduced by Assembly Member Eduardo GarciaFebruary 16, 2018 An act to amend Section 3707 of the Revenue and Taxation Code, relating to taxation.LEGISLATIVE COUNSEL'S DIGESTAB 2746, Eduardo Garcia. Taxation: tax-defaulted property sales.Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4+
5+ Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 20, 2018 Amended IN Assembly May 15, 2018 Amended IN Assembly April 26, 2018
6+
7+Enrolled August 22, 2018
8+Passed IN Senate August 13, 2018
9+Passed IN Assembly August 20, 2018
10+Amended IN Senate June 20, 2018
11+Amended IN Assembly May 15, 2018
12+Amended IN Assembly April 26, 2018
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Assembly Bill No. 2746
6-CHAPTER 284
17+
18+Introduced by Assembly Member Eduardo GarciaFebruary 16, 2018
19+
20+Introduced by Assembly Member Eduardo Garcia
21+February 16, 2018
722
823 An act to amend Section 3707 of the Revenue and Taxation Code, relating to taxation.
9-
10- [ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ]
1124
1225 LEGISLATIVE COUNSEL'S DIGEST
1326
1427 ## LEGISLATIVE COUNSEL'S DIGEST
1528
1629 AB 2746, Eduardo Garcia. Taxation: tax-defaulted property sales.
1730
1831 Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
1932
2033 Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold.
2134
2235 This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
2336
2437 ## Digest Key
2538
2639 ## Bill Text
2740
2841 The people of the State of California do enact as follows:SECTION 1. Section 3707 of the Revenue and Taxation Code is amended to read:3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
2942
3043 The people of the State of California do enact as follows:
3144
3245 ## The people of the State of California do enact as follows:
3346
3447 SECTION 1. Section 3707 of the Revenue and Taxation Code is amended to read:3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
3548
3649 SECTION 1. Section 3707 of the Revenue and Taxation Code is amended to read:
3750
3851 ### SECTION 1.
3952
4053 3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
4154
4255 3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
4356
4457 3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.(2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.(3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date. (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.(b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).(c) The sale shall be deemed complete when full payment has been received by the tax collector.(d) The right of redemption revives if the property is not sold.(e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.(f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.(g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
4558
4659
4760
4861 3707. (a) (1) The right of redemption terminates at the close of business on the last business day prior to the commencement date of the tax sale.
4962
5063 (2) The commencement of the tax sale constitutes the actual sale date regardless of auction conclusion.
5164
5265 (3) The taxpayer loses all rights during the auction period for failure to redeem the property by the final redemption date.
5366
5467 (4) If the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires pursuant to Section 3693.1, the right of redemption is revived on the next business day following that date.
5568
5669 (b) Notwithstanding any other provision of law, any remittance sent by mail for redemption of tax-defaulted property must be received in the tax collectors office prior to the time established in paragraph (1) of subdivision (a).
5770
5871 (c) The sale shall be deemed complete when full payment has been received by the tax collector.
5972
6073 (d) The right of redemption revives if the property is not sold.
6174
6275 (e) If the tax-defaulted property is not redeemed prior to the redemption termination deadline specified in paragraph (1) of subdivision (a), any person or entity with title of record to the property shall lose all rights in the property, including all legal and equitable interest therein. If the right of redemption is revived pursuant to paragraph (4) of subdivision (a) or pursuant to subdivision (d), any person or entity with title of record to the property shall regain all rights in the property, including all legal and equitable interest therein.
6376
6477 (f) Nothing in this section affects the distribution of proceeds pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.
6578
6679 (g) This section shall apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.