PROPERTY TAX AUCTION
FREQUENTLY ASKED QUESTIONS
Can I mail in or submit a sealed bid for property in
the auctions? Can I obtain a property available
at the tax sale by paying the delinquent taxes on it prior to the
tax auction sale date?
Do you sell tax lien certificates?
How do I find or see a property I’d like to
bid on at the tax sale?
How does a bidder pay for property offered at the
tax sale?
What are the conditions of payment for a property at
the tax sale?
Do liens or encumbrances on
a tax-defaulted property transfer to the new owner after purchase
of the property at a tax sale?
When does the right to redeem a tax-defaulted parcel
subject to the power to sell cease?
How can I determine what use I can make of a tax sale
property before I purchase it?
How soon can I take possession of a property that
I purchase at the tax sale?
How is the minimum bid price determined on a property
offered at a tax sale?
Is a tax sale publicly advertised?
How will title in the deed to the purchaser be vested?
What type of document is issued at the sale (treasurer's
deed, tax deed, sheriff's deed, etc.)?
Can properties that do not sell at the auction be
purchased directly from the county?
IF YOU DO NOT FULLY UNDERSTAND ANY OF THE ABOVE QUESTIONS OR ANSWERS,
THEN CONTACT THE SANTA BARBARA COUNTY TREASURER-TAX COLLECTOR’S
OFFICE TO RESOLVE THE ISSUE BEFORE THE AUCTION SALE.
The public auction requires the presence of you
or your representative, to verbally bid on the properties. 
No. Legal title to tax-defaulted property subject
to the tax collector’s power to sell can be obtained only
by being the successful bidder at the tax sale.
No, Santa Barbara County does not sell tax lien
certificates.
While we try to give all possible assistance in
helping prospective purchasers pinpoint a property location, vacant
land (which accounts for most of the property offered at our tax
sale) has no address. Its approximate geographic location can be
determined through the use of county assessor plat maps and perhaps
a map book. Exact boundary lines of a property can be determined
only by a survey of the property initiated at the purchaser’s
expense. Improved properties frequently (but not always) bear a
situs (street) address. We may post digital pictures to assist potential
bidders in understanding the general topography of the area near
the parcels being offered at auction, but the digital picture will
not show the boundaries of the property being auctioned. Contact
a surveyor prior to bidding, so that you may be certain of the exact
boundaries of a parcel. Exercise caution in bidding, and fully investigate
each parcel prior to bidding.
All sales require full payment, which includes
the transfer tax and recording fee. Payment must be made in cash
or certified funds (cashier’s check, certified bank check,
money order, or traveler’s checks, with proper identification).
Personal checks are not accepted as payment. If the sales price
exceeds $30,000, then we will accept the minimum bid amount, or
$30,000, whichever is greater, in cash, check, or money order, or
traveler’s check at the close of bidding as a deposit. As
the total sales price cannot be known prior to the close of bidding,
the purchaser will then be allowed to tender a personal check for
the balance of the purchase price exceeding $30,000, or the minimum
bid amount, whichever is the greater amount. The personal check
must then be replaced with certified funds within 48 hours. If the
personal check is not replaced with certified funds within the 48-hour
period specified, then the deposit is forfeited, along with all
rights with respect to the property (Revenue & Taxation Code
Section 3693.1). The property will not be transferred to the winning
bidder, and if it remains delinquent, then the parcel may be re-offered
at a future sale. Cash payments of over $10,000 will be reported
to the Internal Revenue Service, and you will be required to provide
the necessary IRS reporting information. If you have questions about
the above you must contact us prior to the auction.
All sales require full payment, which
includes the transfer tax and recording fee. The transfer tax and
recording fee will be calculated after the bidding has closed, and
are in addition to the amount bid.
Revenue and Taxation Code Section 3712 states:
“The deed conveys title to the purchaser free of all encumbrances
of any kind existing before the sale, except:
a) Any lien for installment of taxes and special assessments, which
installments will become payable upon the secured roll after the
time of sale.
b) The lien for taxes or assessments or other rights of any taxing
agency which does not consent to the sale under this chapter.
c) Liens for special assessments levied upon the property conveyed
which were, at the time of the sale under this chapter, not included
in the amount necessary to redeem the tax-defaulted property and,
where a taxing agency which collects its own taxes has consented
to the sale under this chapter, not included in the amount required
to redeem from sale to the taxing agency.
d) Easements constituting servitudes upon or burdens to the property;
water rights, the record title to which is held separately from
the title to the property; and restrictions of record.
e) Unaccepted, recorded, irrevocable offers of dedication of the
property to the public or a public entity for a public purpose,
and recorded options of any taxing agency to purchase the property
or any interest therein for a public purpose.
f) Unpaid assessments under the Improvement Bond Act of 1915 {Division
10 (commencing with Section 8500) of the Streets and Highways Code}
which are not satisfied as a result of the sale proceeds being applied
pursuant to Chapter 1.3 (commencing with Section 4671) of Part 8.
g) Any federal Internal Revenue Service liens which, pursuant to
provisions of federal law, are not discharged by the sale, even
though the tax collector has provided proper notice to the Internal
Revenue Service before that date.
h) Unpaid special taxes under the Mello-Roos Community Facilities
Act of 1982 {Chapter 2.5 (commencing with Section 53311) of Part
1 of Division 2 of Title 5 of the Government Code} that are not
satisfied as a result of the sale proceeds being applied pursuant
to Chapter 1.3 (commencing with Section 4671) of Part 8.”
The right ceases at the close of business
on the last business day prior to the sale.
Consult the zoning department of any
city within which a property lies or the zoning section of the county
department of planning and development for a parcel in an unincorporated
area (not within a city boundary.) Examine the county recorder’s
records for any recorded easements on a property. You can also order
a title search report (at your own expense) from a local title insurance
company.
You should consult an attorney. Generally,
the successful bidder may take possession of a property after making
payment in full and complying with any conditions set forth by the
tax collector. It might be prudent to wait until after the tax collector
prepares and executes the tax deed in the purchaser’s name.
The deed is normally recorded within 10 working days after the tax
collector receives the full sale amount, and all required transfer
fees.
State law dictates that the minimum
price for a tax-defaulted parcel offered at a public auction for
the first time shall be no less than the total amount necessary
to redeem a parcel, plus costs. The minimum bid may be set at a
greater amount at the tax collector’s discretion.
Yes. State law dictates that notice
of a tax sale must be published three times in successive seven-day
intervals before the tax sale date, in a general-circulation newspaper
published in the county.
Title is vested in the name of the
actual purchaser. If title is to be vested differently, we require
a notarized letter from the individual for whom you are acting as
an agent, stating the manner in which title is to be vested.
Title is vested in the name of the
actual purchaser. If title is to be vested differently, we require
a notarized letter from the individual for whom you are acting as
an agent, stating the manner in which title is to be vested.
Tax Deed
No, they cannot be bought from the county. They
stay on the tax roll until the next tax sale or the delinquent taxes
are redeemed.
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