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HomeMy WebLinkAboutMINUTES - 03032015 - C.13RECOMMENDATION(S): CONSIDER adopting Resolution No. 2015/68 to ESTABLISH a policy for distribution of excess proceeds from the sale of tax-defaulted property and AUTHORIZE the Treasurer-Tax Collector to implement the policy in accordance with Revenue and Taxation Code section 4675. FISCAL IMPACT: No negative financial impact on the County. BACKGROUND: Revenue and Taxation Code section 4675 provides for the distribution of monies from the sale of a tax-defaulted property where the sales price exceeds the amount of the property taxes and associated penalties, interest and costs owed on the property plus the costs related to the tax sale. It grants the Board of Supervisors certain powers in distributing these excess proceeds, such as determining the information and proof necessary to make a claim for excess proceeds and a claimant’s order of priority to the proceeds. The statute permits the Board of Supervisors to authorize the Treasurer-Tax Collector to exercise the powers granted to the Board. The Board also may adopt rules and procedures relating to the authorization. The Auditor-Controller is required APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/03/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Brice Bins, (925) 957-2848 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 3, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Robert Campbell, Auditor-Controller C. 13 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 3, 2015 Contra Costa County Subject:Policy for Excess Proceeds Claims BACKGROUND: (CONT'D) to record each act performed under the authorization. The attached “Contra Costa County Policy Regarding Claims for Excess Proceeds” (“Policy”) provides rules and procedures governing the distribution of excess proceeds. The Board’s action will establish a formal policy regulating the distribution of excess proceeds in the County that would guide the Treasurer-Tax Collector in distributing the monies. Authorizing the Treasurer-Tax Collector, or designee, to distribute excess proceeds, rather than requiring the Board to consider these matters, will assist the Treasurer-Tax Collector to more quickly determine the proper distribution of excess proceeds and distribute those monies so the funds can be promptly paid to the persons entitled to them. CONSEQUENCE OF NEGATIVE ACTION: Failure to take the recommended action will require the Board of Supervisors to provide guidance and approval concerning the appropriate distribution of monies after each tax sale where the sales price exceeds the costs related to the tax sale and property taxes and associated penalties, interest and costs owed on the property. ATTACHMENTS Resolution No. 2015/68 Excess Proceeds Claim Policy Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 1 NOTICE OF EXCESS PROCEEDS TO INTERESTED PARTIES Date Name Address City, State Zip Assessee: Situs: Parcel Number: Date Deed to Purchaser Recorded: Date Sold: Final Date to Submit Claim: The property referenced above was declared subject to the tax collector's power of sale for non-payment of taxes and later sold. Interested parties in the excess proceeds from the tax sale (i.e., the last assessee and any lienholders of record) have a right to file a claim for any excess proceeds that remain after taxes and costs of the sale have been satisfied. [Cal. Rev. & Tax. Code, § 4675.] Our records indicate that you may be an interested party, and we have enclosed a claim form for your convenience, along with instructions for submitting your claim, which are found in the County of Contra Costa Policy Regarding the Submission of Claims for Excess Proceeds. Please note that your claim must be received within one year of the date the deed to the purchaser was recorded (shown above) following the tax sale of the property. By law, claims filed after the one-year period cannot be accepted. Statute provides that interested parties and their order of priority are: a) First, lienholders of record prior to the recordation of the tax deed to the purchaser in the order of their priority. [Cal. Rev. & Tax. Code, § 4675(e)(1)(A).] b) Second, any person with title of record to all or any portion of the property prior to the recordation of the tax deed to the purchaser. [Cal. Rev. & Tax. Code, § 4675(e)(1)(B).] If you consider yourself to be an interested party in the sale of the above-referenced property, please fill out the enclosed claim form and return it, along with documentation supporting your claim, to: Contra Costa County Tax Collector ATTN: Excess Proceeds 625 Court Street, Room 100 Martinez, CA 94553 Additional forms and the County of Contra Costa Policy Regarding the Submission of Claims for Excess Proceeds may be downloaded at www.cctax.us. If you need assistance or have any questions, please email us at taxinfo@tax.cccounty.us, come to our office in person at 625 Court Street, Room 102 in Martinez or call (925) 957-5280 between 9:00 a.m. and 4:00 p.m., weekdays. Claims for excess proceeds may be submitted by interested parties directly to the Contra Costa County Tax Collector at no cost. Sincerely, Russell V. Watts Contra Costa County Tax-Collector’s Office 625 Court Street Finance Building, Room 102 Martinez, California 94553-1231 (925) 957-5280 (925) 957-2899 FAX Russell V. Watts Treasurer-Tax Collector Brice E. Bins Chief Deputy Treasurer-Tax Collector COUNTY OF CONTRA COSTA ASSIGNMENT OF RIGHT TO COLLECT EXCESS PROCEEDS CCC TTC (2015) Page 1 I, ________________________ (the “Assignor”), do hereby assign to ____________________________ (the “Assignee”) my right to apply for and collect the excess proceeds from the sale of Assessor’s Parcel Number ___________________________ sold at public auction on ___________________________. [Cal. Rev. & Tax. Code, § 4675]. I understand that the Contra Costa County Treasurer-Tax Collector is holding excess proceeds in the total amount of $___________________________. Although I have a right to all or a portion of the excess proceeds, I am voluntarily giving up my right to file a claim for them. For valuable consideration received, I have sold my right to collect any excess proceeds to the Assignee. I have disclosed to the Assignee all facts of which I am aware relating to the value of this right I am assigning. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ________________________________ ______________________________________ (Signature of Assignor/ Interested Party) (Interested Party/Assignor Name Printed) ________________________________ ______________________________________ (Date) (Address) ______________________________________ (City/State/Zip) ______________________________________ ______________________________________ (Area Code/Telephone Number) (Email) ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On (Date), before me, (Name and Title of Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. COUNTY OF CONTRA COSTA ASSIGNMENT OF RIGHT TO COLLECT EXCESS PROCEEDS CCC TTC (2015) Page 2 I, _____________________ (the “Assignee”), have disclosed to ________________________ (the Assignor), pursuant to Section 4675 of the California Revenue and Taxation Code, all facts of which I am aware relating to the value of the right being assigned, that I have disclosed to the Assignor the full amount of excess proceeds available in the amount of $_____________________, and that I have advised the Assignor of his or her right to file a claim on his or her own without assigning that right. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ________________________________ ______________________________________ (Signature of Assignee) (Assignee Name Printed) ________________________________ ______________________________________ (Date) (Address) ______________________________________ (City/State/Zip) ______________________________________ ______________________________________ (Area Code/Telephone Number) (Email) ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On (Date), before me, (Name and Title of Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CCC TTC (2015) Page 1 ACKNOWLEDGEMENT OF CLAIM FOR EXCESS PROCEEDS RECEIVED «DATE_OF_LETTERS__FORMS» «NAME» «ADDRESS» «CITYSTATEZIP» Assessee: «ASSESSEES1» «ASSESSEES11» Situs: «SITUS» Parcel Number: «PARCEL_NUMBER» Date Deed to Purchaser Recorded: «DATE_RECORDED» Date Sold: «DATE_SOLD» Final Date to Submit Claim: «FINAL_DATE» Dear «NAME»: This letter acknowledges receipt of your claim for excess proceeds by the Contra Costa County Treasurer-Tax Collector’s Office. Please refer to the status of your claim as indicated below: Upon preliminary review, the claim was timely received and contains the required Contra Costa County Treasurer-Tax Collector form(s) and supporting documentation. The claim was timely received but will not undergo a preliminary review. The instructions for filing a claim are contained in County of Contra Costa Policy Regarding the Submission of Claims for Excess Proceeds, which may be downloaded at www.cctax.us. The claim was timely received but incomplete. Please refer to the County of Contra Costa Policy Regarding the Submission of Claims for Excess Proceeds, which contains the instructions for filing a claim. The Policy may be downloaded at www.cctax.us. The claim was received after the final due date to submit a claim for excess proceeds. The claim is denied. Please contact Eric Moe at (925) 957-2813 for further information. If you have any questions, please contact Eric Moe at (925) 957-2813 between 9:00 a.m. and 4:00 p.m., weekdays. Sincerely, Russell V. Watts Contra Costa County Tax-Collector’s Office 625 Court Street Finance Building, Room 102 Martinez, California 94553-1231 (925) 957-5280 (925) 957-2899 FAX Russell V. Watts Treasurer-Tax Collector Brice E. Bins Chief Deputy Treasurer-Tax Collector AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 CCC TTC (2015) Page 1 The undersigned state(s) as follows: __________________________________ (name of decedent) died on ____________________ (date), in the City of ___________________, County of _______________________ , State of __________________________ and: 1. At least forty days have elapsed since the death of the decedent, as shown by the attached certified copy of decedent's death certificate. (Attach a copy of the death certificate.) 2. Check one of the following, as appropriate: No proceeding is now being or has been conducted in California for administration of the decedent's estate. The decedent's personal representative has consented in writing to the payment, transfer, or delivery to the affiant of the property described in this affidavit. 3. The current gross fair market value of the decedent's real and personal property in California, excluding the property described in the California Probate Code Section 13050, does not exceed $150,000. 4. Check one of the following, as appropriate: An Inventory and Appraisal of the real property in the decedent's estate is attached (Probate Form DE-160, DE-161), or There is no real property in the estate. 5. The following is a description of the property that is to be paid, transferred or delivered to the undersigned under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) 6. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. Check one of the following, as appropriate: The undersigned is/are successor(s) of the decedent to the decedent's interest in the described property, or The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent's interest in the described property. 8. No other person has a superior right to the interest of the decedent in the described property. AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 CCC TTC (2015) Page 2 9. The undersigned requests that the described property be paid, delivered or transferred to the undersigned. I/we declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Printed name Signature (Attach an additional sheet if necessary.) ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On (Date), before me, (Name and Title of Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 1 County of Contra Costa Policy Regarding Claims for Excess Proceeds PURPOSE I. California Revenue and Taxation Code section 4675 describes how excess proceeds from sales of tax-defaulted properties by a county tax collector must be distributed. This statute also identifies the information and proof necessary to establish a claimant’s rights to all or any portion of excess proceeds. II. The Contra Costa County Board of Supervisors through Resolution 15/____ has authorized the Contra Costa County Treasurer-Tax Collector to distribute excess proceeds in accordance with the rules and procedures set forth in this policy. [Cal. Rev. & Tax. Code, § 4675.1.] RULES AND PROCEDURES 1. NOTIFICATION a. When excess proceeds from the sale of tax-defaulted property exceed one hundred fifty dollars ($150), the Treasurer-Tax Collector’s Office has ninety (90) days to notify potential claimants of the right to claim excess proceeds. (A sample notice, “Notice of Excess Proceeds to Interested Parties”, is attached as Attachment 1.) b. The law requires the Treasurer-Tax Collector’s Office to mail notice to the last known mailing address of interested parties as identified by statute, (e.g., the last named owner on the assessment roll and lienholders). The Treasurer-Tax Collector’s Office shall make a reasonable effort to obtain the name and last known mailing address of interested parties. [Cal. Rev. & Tax. Code, §§ 4675, 4676(c).] c. If the last known address of an interested party cannot be obtained, the law requires the Treasurer-Tax Collector’s Office to publish notice of the right to claim excess proceeds in a newspaper of general circulation in the County, unless the cost to publish is equal to or greater than the amount of the excess proceeds. 2. CLAIM REQUIREMENTS: As described below, each claimant must submit a completed Contra Costa County Treasurer-Tax Collector’s Excess Proceeds Claim County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 2 Form and supporting documentation, which provides information and proof of the claimant’s right to all or any portion of excess proceeds. 2.1 CLAIM FORM a. Along with Notice of Excess Proceeds to Interested Parties, the Treasurer-Tax Collector’s Office will mail a Contra Costa County Treasurer-Tax Collector’s Excess Proceeds Claim Form (“Claim Form”) to the interested parties it has located after making a reasonable search. (A sample Claim Form is attached as Attachment 2.) b. An interested party or other claimant must use the Claim Form to make a claim for excess proceeds. c. If an interested party or other claimant does not receive the Claim Form or needs additional copies, the Claim Form may be obtained: i. by downloading it from the Contra Costa County website at www.cctax.us; or ii. upon request via standard USPS mail (if a claimant provides a self-addressed, stamped envelope for delivery), email or fax. d. Failure to receive a Claim Form from the Treasurer-Tax Collector’s Office is not an excuse for failing to properly and timely submit a claim on a Claim Form and supporting documentation. 2.2 INFORMATION ON FORM a. The Claim Form must include the following information: 1. Assessor Parcel Number . 2. Last assessee/owner of record. 3. P roperty address . 4. D ate of tax sale . 5. Date the tax deed was recorded. 6. F inal date to submit claim for excess proceeds. 7. The amount or percentage of excess proceeds of the claim (the amount of available excess proceeds from each tax sale is available on the County of Contra Costa Treasurer-Tax Collector’s website at www.cctax.us > Gen’l Tax Information > Public Auction Information). 8. Claimant’s filing status, i.e.,: i. Person or entity, such as a business, trust or other legal entity, who held title to the tax-defaulted property (“Person with Title of Record”); County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 3 ii. Lienholder of Record; iii. Qualified Heir of Person with Title of Record; or iv. Assignee of an Interested Party. 9. Claimant’s name, address, telephone number, email address and signature. b. The Claim Form must be verified under penalty of perjury and properly notarized. [Cal. Civ. Code, § 1189.] 2.3 SUPPORTING DOCUMENTATION a. In addition to filing a completed, verified Claim Form, the claimant must also fill out and file applicable documentation described in Appendices A and B. b. In those cases where original documents are required, the Treasurer- Tax Collector’s Office will not accept lost document affidavits in place of the original documents. c. The Treasurer-Tax Collector’s Office will return original documents to the claimant(s) upon request if the claimant(s) provides a self- addressed envelope with sufficient postage, along with the completed Claim Form. 3. SUBMISSION OF CLAIM a. The deadline (the “Deadline”) to file a completed claim with the Contra Costa County Treasurer-Tax Collector’s Office is one (1) year following the date of the recording of the deed to the purchaser of the tax- defaulted property. i. A claimant may not file or amend a claim after the Deadline. It is the claimant’s sole responsibility to timely submit a complete claim, including all necessary supporting documentation. ii. A claimant may not rely on the Treasurer-Tax Collector’s Office to approve or request information to supplement incomplete claims. b. The claimant must mail completed claims, including all supporting documentation, to: Treasurer-Tax Collector County of Contra Costa ATTN: EXCESS PROCEEDS 625 Court Street, Suite 100 Martinez, CA 94553 County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 4 c. Each interested party must file his or her own claim, unless: i. the interested party has assigned his or her rights to another party. When the interested party has assigned his or her rights, the claim must include information and documentation establishing the assignment described in Appendices A and B (a sample Assignment of Right to Collect Excess Proceeds Form is attached as Attachment 3); or ii. the claim is submitted on behalf of an interested party by an agent, attorney in fact, or person with valid powers of attorney along with the evidence establishing such a relationship with the interested party described in Appendices A and B. In those cases where the Treasurer- Tax Collector’s Office determines the claim is valid and there is sufficient excess proceeds, payment will be sent to the address of the attorney, agent, or attorney in fact, but shall only be made payable to the interested party. d. Generally, each claimant must submit his or her claim in a separate envelope. However, multiple claimants may submit their individual claims (each claim on a separate Claim Form) in a single envelope if they are sharing supporting documentation. e. For each claim filed on a Claim Form and received by the Deadline, the Treasurer-Tax Collector’s Office will send the claimant a letter acknowledging receipt of claim. (A sample “Acknowledgement of Claim for Excess Proceeds Received” is attached as Attachment 4.) 4. PRELIMINARY CLAIM REVIEW a. The Treasurer-Tax Collector’s Office may review claims filed during the eleven (11) months following the recording of the deed to the purchaser for completeness. That preliminary review is intended as an opportunity for the Treasurer-Tax Collector’s Office to make an evaluation of the claim for purposes of determining whether additional documentation is needed. However, the Treasurer-Tax Collector’s Office does not guarantee any preliminary review of claims. Interested parties may contact the Treasurer-Tax Collector’s Office to inquire about the status of the preliminary review and may submit missing documents or information during this period if notified by the Treasurer-Tax Collector’s Office to do so. Missing documents or information will not be accepted after the Deadline. b. The Treasurer-Tax Collector’s Office may send a claimant one (1) Preliminary claim Review letter notifying the claimant of the Office’s findings, including whether additional information needs to be provided. The Treasurer-Tax Collector’s Office will send any such letters to the County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 5 address for claimant shown on the Claim Form. The Preliminary Claim Review letter may ask the claimant to submit any additional documentation that the Treasurer-Tax Collector’s Office determines is necessary to complete the original claim. The claimant must file any such additional documentation with the Treasurer-Tax Collector’s Office before the Deadline. No time extensions will be permitted. c. The Treasurer-Tax Collector’s Office will not perform a preliminary review of claims received during the final thirty (30) days of the one (1) year filing period. d. The Treasurer-Tax Collector’s Office will not accept claims, amendments to claims and supporting documentation after the Deadline. 5. FINAL CLAIMS REVIEW a. After the Deadline, the Treasurer-Tax Collector’s Office will perform a final review of the claim. b. Except as provided in subsection (e) below, the Treasurer-Tax Collector, or designee, will decide, in his or her sole discretion, whether the claim and supporting documentation sufficiently evidence existence of a recorded document supporting claimant’s right to excess proceeds. c. The Treasurer-Tax Collector’s Office will either approve or deny the claim, in whole or in part, and notify the claimant of the decision. d. For each claim approved by the Treasurer-Tax-Collector’s Office, the Treasurer-Tax Collector’s Office will determine the order of claimant’s priority to the excess proceeds. [See Cal. Rev. & Tax. Code, § 4675.] e. In certain instances, the Treasurer-Tax Collector’s Office may choose to file a legal action known as an “interpleader” to ask the Contra Costa County Superior Court to decide who should receive the excess proceeds. For example, this might occur when the validity of a claim or the priority of claimants to excess proceeds is unclear and there is a potential dispute among claimants. 6. DISTRIBUTION OF EXCESS PROCEEDS: After the Treasurer-Tax Collector’s Office has distributed excess proceeds from a tax sale under Sections 4672, 4672.1, 4672.2, 4672.3, 4673 and 4673.1 of the Revenue and Taxation Code, it will distribute the remaining excess proceeds as follows: County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 6 a. The Treasurer-Tax Collector’s Office will first deduct from the excess proceeds an amount equal to the costs of obtaining the name and last known mailing address of interested parties and of mailing or publishing required notices and distribute that amount to the Contra Costa County General Fund. [Cal. Rev. & Tax. Code, § 4676(d).] b. If there are sufficient excess proceeds after the above-described distributions and those claims that have higher priority, a claimant will be paid amount of his or her claim that is approved by the Treasurer-Tax Collector’s Office. [Cal. Rev. & Tax. Code, § 4675(e).] c. The Treasurer-Tax Collector’s Office will transfer any remaining excess proceeds that are not claimed by the time to do so under Revenue and Taxation Code section 4675(e) to the Contra Costa County General Fund. [Cal. Rev. & Tax. Code, § 4674.] County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 7 APPENDIX A 1. Person(s) with Title of Record 8 2. Qualified Heir or Successor of Person(s) with Title of Record or Other Interested Party 8 3. Lienholder(s) of Record 9 a. Mortgage Lenders and Deed of Trust Beneficiaries 9 b. Judgment Creditors 9 4. Assignee(s) of a Interested Party 10 County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 8 1. PERSON(S) WITH TITLE OF RECORD: The person(s) or entity who held record title to the tax-defaulted property must submit the following documents: a. Original recorded documents (e.g., deed, court order) supporting claimant’s right to excess proceeds as the person(s) or entity that held record title to the tax- defaulted property. Except as stated in (b) below, copies of these documents may be submitted in place of the original recorded document if accompanied by additional documentation sufficient to support the claim (e.g., at least two utility and/or tax bills for the property in the claimant(s)’s name, such as power, television, internet subscriptions, and original tax bills). b. If title to the property was in a recorded trust, the original trust document indicating that the claimant(s) is/are the trustee(s) or successor trustee(s) of the trust authorized to file claims on behalf of the trust. c. If a business held record title to the tax-defaulted property, the claimant must submit documents that show the business and claimant’s right to make a claim. For the documents required of various business entities, please refer to Appendix B. 2. QUALIFIED HEIR OR SUCCSSSOR OF PERSON(S) OR ENTITY WITH TITLE OF RECORD OR OTHER INTERESTED PARTY: Qualified heir(s) of a person who held record title to the tax-defaulted property or other interested party must submit the following: a. Documentation proving claimant is an heir to a person(s) who held record title to the tax-defaulted property or other interested party (e.g., court order, petition for letters of administration). b. If applicable, a notarized probate affidavit. [Cal. Prob. Code, §§ 13100-13116.] A form affidavit is available for download on the Contra Costa County Treasurer-Tax Collector’s website at www.cctax.us > Gen’l Tax Information > Public Auction Information and a sample is attached as Attachment 5. c. If applicable, the last will and testament and any codicils thereto of a person(s) who held record title to the tax-defaulted property or other interested party. d. If the interested party is a business, the claimant must submit documents that show the business and claimant’s right to make a claim. For the documents required of various business entities, please refer to Appendix B. County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 9 3. LIENHOLDER(S) OF RECORD a. MORTGAGE LENDERS AND DEED OF TRUST BENEFICIARIES: Mortgage lenders and deed of trust beneficiaries must submit the following information: i. The original promissory note and all amendments or other modifications (if any) on the tax-defaulted property. a) Copies of any promissory note(s) and/or modifications of the promissory note(s) are unacceptable. b) The only alternative to providing an original promissory note is a court order pursuant to California Civil Code section 3415, which establishes the existence and terms of a lost note. ii. The original or certified copy of the Deed of Trust/Mortgage. iii. The original or certified copy of assignments (if any). iv. A statement setting forth: a) the original amount of the obligation; b) any advances or modifications to the original obligation; c) the total amount of payments received and date(s) received; and d) the amount still due and payable as of the date of the sale of the tax defaulted property; e) if the note was in default according to its terms at the time of the tax sale (other than for defaulted taxes), documentation evidencing all collection efforts by the claimant; and v. If the mortgage lender or deed of trust beneficiary is a business, the claimant must submit documents that show the business and claimant’s right to make a claim. For the documents required of various business entities, please refer to Appendix B. b. JUDGMENT CREDITORS: A judgment creditor must submit the following information: i. Documents showing the judgment debtor was the person(s) who possessed record ownership of the tax-defaulted property at the time of the tax sale. ii. A ce rtified copy of the judgment(s). iii. Any statement or orders setting forth any modification(s) to the judgment. iv. A statement setting forth: a) the total amount of payments received and date(s) received; and County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 10 b) the amount still due and payable as of the date of the sale of the tax defaulted property. v. If the judgment creditor is a business, the claimant must submit documents that show the business and claimant’s right to make a claim. For the documents required of various business entities, please refer to Appendix B. 4. ASSIGNEE(S ) OF AN INTERESTED PARTY: An assignee of an interested party must submit the following information: a. A completed “Assignment of Right to Collect Excess Proceeds” form. The form is available for download on the Contra Costa County website at www.cctax.us > Gen’l Tax Information > Public Auction Information. b. The “Assignment of Right to Collect Excess Proceeds” form must be: i. verified under penalty of perjury; ii. executed by all parties to the assignment; iii. notarized [Cal. Civ. Code, § 1189]; and iv. must contain the following information: a) proof that the amount and source of excess proceeds was disclosed to the interested party; b) that the interested party was advised of his or her right to file a claim for excess proceeds on his or her own behalf directly with the County at no cost; and c) contact information of the interested party, including name, address phone number and email. c. If the assignee of an interested party is a business, the claimant must submit documents that show the business and claimant’s right to make a claim. For the documents required of various business entities, please refer to Appendix B. Any attempted assignment that does not comply with these requirements shall have no effect and will be disallowed. County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 11 APPENDIX B Claims filed on behalf of a business 12 Corporation 12 Limited Liability Company 13 Limited Partnership 13 General Partnership 13 Sole Proprietorship 14 Merged Business 14 Suspended Business 14 County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 12 CLAIMS FILED ON BEHALF OF A BUSINESS 1. Each Claim Form filed on behalf of a business must be signed by an individual with corporate authority for the business, such as an officer, general partner, or the sole proprietor, depending on the legal status of the business. 2. Each claim filed on behalf of a business must provide proof of the Federal Employer Identification Number (FEIN) assigned to the business. Suggested documents include: i. “Letter of Confirmation” from the IRS showing assignment of the FEIN ii. Copy of tax receipt statement, such as: a. IRS Form 1098, statement of interest paid; or b. IRS Form 1099-INT or 1099-DIV, statement of interest or dividends earned; or c. IRS assignment of FEIN interact confirmation page; Tax returns, IRS Form SS-4 application or W-9 will not be accepted to verify FEIN. 3. In addition to the above-required information, claimants must also file the following documentation, as applicable: i. CORPORATION A claimant making a claim on behalf of a corporation must provide proof that the claimant is an officer of the corporation who has authority to make a claim on behalf of the corporation. The documentation also must show the legal standing of the corporation. Suggested documents include the following: a. The articles of incorporation. b. The most recent Statement of Information filed with the California Secretary of State (or equivalent from state in which business operates). If the business e- filed the Statement of Information, provide a copy of the Statement of Information and a copy of the payment receipt provided by the California Secretary of State. c. A corporation resolution. d. Certificate of Dissolution. e. Other documents that prove claimant is a corporate officer who has authority to make a claim on behalf of the corporation. Please note that a parent corporation, regardless of the percentage of shares owned, is not an interested party of its subsidiary’s recorded lien or title of record because the parent corporation is merely a shareholder of its subsidiary corporation; it does not own the corporate property of its subsidiary. County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 13 ii. LIMITED LIABILITY COMPANY A claimant making a claim on behalf of a limited liability company must provide proof claimant is a manager or officer of the limited liability company who has authority to make a claim on behalf of the company. The documentation also must show the legal standing of the limited liability company. Suggested documents include the following: a. Company’s resolution. b. Company’s operating agreement. c. Articles of Organization. d. The most recent Statement of Information filed with the Secretary of State (or equivalent from state in which business operates). If the business e-filed the Statement of Information, provide a copy of the Statement of Information and a copy of the payment receipt provided by the Secretary of State. e. Certificate of Dissolution, if applicable. f. Other documents that prove claimant is a manager or officer of the limited liability company. iii. LIMITED PARTNERSHIP A claimant making a claim on behalf of a limited partnership must provide proof that claimant is a general partner of the limited partnership who has authority to make a claim on behalf of the partnership. The documentation also must show the legal standing of the limited partnership. Suggested documents include the following: a. Certificate of Limited Partnership filed with the California Secretary of State (or equivalent from state in which business operates). If the business e-filed, provide a copy of the document and a copy of the payment receipt provided by the California Secretary of State. b. Partnership Agreement. c. Certificate of Dissolution. d. Other documents that prove that the claimant is a general partner of the Limited Partnership. iv. GENERAL PARTNERSHIP A claimant making a claim on behalf of a general partnership must provide proof that claimant is a general partner of the general partnership who has County of Contra Costa Policy Regarding Claims for Excess Proceeds Page 14 authority to make a claim on behalf of the partnership. The documentation also must show the legal standing of the general partnership. Suggested documents include the following: a. Statement of Partnership Authority. b. Partnership Agreement. c. Certificate of Dissolution, if applicable. d. Other documents if they prove claimant is a general partner of the general partnership. v. SOLE PROPRIETORSHIP A claimant making a claim on behalf of a sole proprietorship must provide the following documentation: a. Current or final federal tax return, including Schedule C. b. Most current business license or facility permit. c. Fictitious Business Name filing (filed with County), if applicable. d. Other documents if they prove that claimant is the sole proprietor of the business. vi. MERGED BUSINESS If you are making a claim for a business that has merged with or sold to another business, please provide a copy of the merger or purchase agreement, along with the other required information. vii. SUSPENDED BUSINESS If you are claiming for a business that was previously suspended by either the California Secretary of State or the California Franchise Tax Board (FTB), provide proof that the business is no longer suspended, which may include: a. A Certificate of Good Standing if the business was suspended by the California Secretary of State. You can obtain the certificate by contacting the California Secretary of State Information Services Office at (916) 657-5448, or by following the instructions located on the California Secretary of State’s website. b. A copy of an Entity Status Letter if the business was suspended by the FTB. You can obtain the letter by contacting the FTB at: Franchise Tax Board, P.O. Box 942857, Sacramento, CA 94244-2250, or by visiting the FTB’s website.