Posted by Ronald * Starr(in No CA) on July 06, 2003 at 08:33:39:
I received the following via e-mail from Kristine Poe(CA). I post so others can read and perhaps contribute.
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Ronald Starr: do you know which section of the code I should be reading/researching? I am assuming this information regarding staying tax sale would be in the taxation codes? Thanks. Sincerely,
Ok, I did a google search for “California state statutes” and then a search in the revenue and taxation code for ‘“tax collector” probate’. I came up with about 8 cites. Unfortunately the search produced selections that had any one of the words “tax,” “collector,” or “probate” rather than just the junction of those words. What I found is different than what I remembered and seems to sink you hopes of staying the tax sale because there is a probate involved. Sorry about that. Here is the seemingly most relevant part, although you might want to read some of the paragraphs prior to it for more context.
4986.6. When any real property escheats to the state after the lien date and is not distributed by description, either because it is unknown, or is included in a general distribution clause without description, or is property as to which no probate proceedings have been taken, all taxes levied upon the real property are valid and any tax sale for those taxes conveys the same title thereto as if no
escheat had occurred, notwithstanding any provision of law to the contrary. All those taxes levied upon the real property and tax sales duly taken pursuant to law occurring before the effective date of this section are hereby validated.
If any such real property is discovered prior to tax sale, the public administrator of the county in which the property is situated shall immediately commence probate proceedings with respect to the
property, and the tax sale shall not be made.
This is obviously is talking about escheated properties and specificly those that have NO PROBATE and the public guardian should start such a probate while the tax sale is stayed.
Good InvestingRon Starr****