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File #: 24-487    Version: 1 Name: Resolution to rescind excess proceeds for River Denning
Type: Resolution Status: Consent Calendar
In control: County Counsel
On agenda: 6/25/2024 Final action: 6/25/2024
Title: Adopt a resolution rescinding that portion of Resolution No. 2024-35 related to APN 0056-115-040, accepting the claim for excess proceeds from tax default sale, and authorizing the Auditor-Controller to distribute excess proceeds
District: All
Attachments: 1. A - Resolution, 2. Minute Order, 3. Adopted Resolution
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Adopt a resolution rescinding that portion of Resolution No. 2024-35 related to APN 0056-115-040, accepting the claim for excess proceeds from tax default sale, and authorizing the Auditor-Controller to distribute excess proceeds

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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _

DEPARTMENTAL RECOMMENDATION:

Office of County Counsel recommends the Board of Supervisors adopt a resolution rescinding that portion of Resolution No. 2024-35 related to APN 0056-115-040, accepting the claim for excess proceeds from tax default sale, and authorizing the Auditor-Controller to distribute excess proceeds.

SUMMARY:

Revenue and Taxation Code sections 3692 and 3692.2 authorize the Tax Collector to sell tax-defaulted property on the internet. The disposition of the proceeds from the sales is prescribed in sections 4671-4676. Section 4675 allows any party of interest in the property to file with the County a claim for excess proceeds at any time prior to the expiration of one year following the recordation of the tax collector's deed to the purchaser. This includes "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."

With respect to parcel APN 0056-115-040, on June 6, 2024, Mr. Denning, acting through counsel for purposes of appealing his claim, submitted sufficient documentation in support of his claim for excess proceeds on behalf of the Lisa Marie Center 2008 Revocable Living Trust as previous owner, River Denning as Trustee and therefore should be entitled to receive the residual amount of $284,696.28.

FINANCIAL IMPACT:

The County General Fund shall receive $127,869.50 from the excess proceeds. This amount reflects a deduction of $284,696.28 from the previous amount of $412,565.78, authorized pursuant to Resolution No. 2024-25.

The funds received by the County for delinquent taxes, penalties, interest and statutory administ...

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