Do liens and encumbrances on a tax-defaulted property transfer to the new owner after the purchase of the property at a public auction?
No. All Private liens (i.e., Deeds of Trust, Mechanics Liens, Judgments) recorded against the last assessee, will be extinguished. Public liens (i.e., 1915 Act Improvement Bonds, Mello Roos Community Facilities Bondss, Code Compliance) will not be extinguished. Property Record Search Revenue & Taxation Code, 3712 reads as follows: The deed conveys title to the purchaser free of all encumbrances of any kind existing before the time of the recording of the Tax Deed, except: a) Any lien for installments of taxes and special assessments, which installments will become payable upon the secured roll after the time of the 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. If a taxing agency chooses to preserve a lien rather than participate in excess proceeds, you will find that lien listed on the Tax Defaulted Property List in the Preserved Lien field. The public auction purchaser will be responsible for payi
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- Do liens or encumbrances on a tax-defaulted property transfer to the new owner after purchase of the property at tax sale?
