Property Tax, Default & Redemption

Useful Rulings on California Property Taxes

Recent Rulings on California Property Taxes

RE: PET’N FOR COMPENSATION

Verified declaration by petitioner to clarify payment to Lake County for property tax. Accounting does not include real property located in Lake County. 11. Summary of Account that complies with PrC § 1061(b). Accounting must begin with values as reported in Inventory & Appraisal. ¶7 indicates an Inventory & Appraisal will be filed; however, it is unclear whether this is a Corrected or Supplemental I&A. Accounting must not include transfers between accounts.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

LAGUNA GREENBELT INC VS. COUNTY OF ORANGE

The following portions of the declaratory relief claims survive this mofion: (1) Irvine's request for a judicial declarafion that sections 2.2.3 and 2.2.4 of the PAA are unlawful, void, and unenforceable, that the invalidation of those sections does not void the rest of the PAA, and that if it does, the property tax transfer and exchange provisions of the Master Property Tax Exchange Agreement 80-2035, dated October 28, 1980, shall be established pursuant to

  • Hearing

CITY OF CALEXICO VS. KEELY MARTIN BOSLER AS DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FINANCE

Under the Dissolution Law, county auditor-controllers are required to take the property tax proceeds that would have been available to the RDA (the former tax increment) and place them into a Redevelopment Property Tax Trust Fund (RPTTF). (Health & Saf. Code, § 34182, subd. (c)(1).)

  • Hearing

PAWNEE LEASING CORPORATION VS SUNDIAL INDUSTRIES, INC., A CALIFORNIA CORPORATION, ET AL.

As of September 21, 2020 (the date of the declaration), the total amount due and owing under the Lease Agreement discounted at 4% is $80,427.05, plus $1,406.22 for property tax charges, $7,570.75 for tax on contract, and $2,991.47 for other miscellaneous charges, creating a net payoff due of $92,395.49. (Id., ¶9.) The Lease Agreement further provides for a rate of interest of 24% per annum and all legal fees and costs incurred by Plaintiff to enforce the agreement. (Id., ¶¶10-11.) Mr.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

RE: PET’N FOR FINAL DISTRIBUTION ON WVR OF ACCOUNTING

Property tax certificate filed. PrC § 8800(d) 3. Calculation of statutory fees due and payable to attorney 4. Declaration to state need for reserve in excess of $2,000.00. If $5,000 reserve is needed, Ct will consider approving a preliminary distribution and approve 75% of fees requested. 5.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

EILEEN A. STAATS V. CITY OF PALO ALTO

. §§ 116-126) in the City during the Claim Period; and (2) evidence of a Palo Alto address, such as a current phone bill, utility bill, property tax bill, W-2 form, paystub, or other similar document. • Two to Ten Phone Lines.

  • Hearing

LIONEL A. WYATT VS CITY OF LOS ANGELES, ET AL.

“Prior to the discovery of the involuntary lien (via property tax roll lien) the appellant was contacted by the Department inspector Mr. David James on or around 8/22/2016, concerning alleged code violations ….” (Id. ¶ 6.) “On October 6, 2016 that matter was closed without further efforts or appeals.” (Ibid.)

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

GLORIA SAUCEDO VS MIGUEL SAUCEDO

Since the date of purchase, Plaintiff and Juvencio made all of the monthly mortgage payments, property tax payments and homeowners insurance payments with community property funds and without contribution from any other individual. Juvencio died on July 29, 2019. Sometime after Juvencio’s death, Miguel transferred title to the subject property to Joanna A. Saucedo (“Joanna”).

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

ZHIKUI JIANG, ET AL. VS PURE LOGIC ESCROW, INC.

Plaintiffs allege that Defendant failed to properly withhold taxes under the Foreign Investment In Real Property Tax Act of 1980 (“FIRPTA”) as it related to the sale of Property 1 in July 2018. At time of the sale of Property 1, Plaintiffs failed to disclose, and in fact, misrepresented to Escrow Defendant that they were foreign sellers.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

CHONG HUI RHEE VS LAURA RYU

Plaintiffs allege they have been responsible for all costs associated with the Property including its mortgage payment, property tax, homeowner’s insurance, utilities, maintenances, and home improvement costs and Defendants have never paid any of the debt obligations on the Property; however, Plaintiffs also allege Defendants have never provided any financial documents, mortgage statements and or accounting documents regarding the payments Plaintiffs have made to them regarding the Property and personal loans

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

RE: CECIL W. RITZ TRUST

File Property tax certificate. Inventory and Appraisal is incomplete. PrC § 8800(d) 5. Submit a proposed Order HERBERT DALE THOMPSON STACIE A. CLARINE TRISHA R. ELVIRA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Verified declaration by petitioner to clarify date Creditor’s Claim was filed. Claim was filed 6-2-2020, not 5-27-2020 as reported at ¶ 22 2. Verified declaration of petitioner showing compliance with Probate Code § 11005 3.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

PARTOW VS CRAMER

“In the property tax context, application of the exhaustion principle means that a taxpayer ordinarily may not file or pursue a court action for a tax refund without first applying to the local board of equalization for assessment reduction under section 1603 and filing an administrative tax refund claim under section 5097.” (Ibid.) Here, Plaintiff has not alleged payment of taxes or filing an administrative tax refund claim.

  • Hearing

PAWNEE LEASING CORPORATION VS ROBERTO ESPARZA ROSALES

Rosales is further liable to Pawnee for returned payments of $711.50 and estimated final personal property tax of $46.41, a total contract obligation of $31,629.74. There is a further sales tax on the contract obligation of $3,004.83, other miscellaneous charges in the amount of $3,141.47, and a termination fee of $95.00. The total due is $37,871.04, minus net recovery of $2,619.07, resulting in a net amount due of $35,251.97. B.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CERVANTES VS CERVANTES HEARING RE: MOTION TO/FOR ENFORCE SETTLEMENT AGREEMENT BY GREGORY CERVANTES

Attached hereto as Exhibit 3 is a true and correct copy of Property Tax Bill and cashier's check. It is my belief that Gregory has not paid his portion of the property taxes for the Ranch. • I have never claimed that the adjacent home development to the north encroached on the Ranch and that this problem would need to be resolved. As evidence in all the communications exchanged relate solely to the easterly boundary.

  • Hearing

PETITION OF JUSTIN BERGMANN

Property tax certificate filed. PrC § 8800(d) 4. Proposed Order HAROLD VOGEL XIAOJUAN XUAN MELVIN S HODGES PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Drop. Note: Order for Final Distribution submitted to judge for approval. JASON MATEO PHILLIP CAMPBELL RITA BREAUX FILED ON 01/29/19 BY AMBER ISAKSON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances to report status, including discovery 2.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

ANGELA FLORES, ET AL. VS DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA, ET AL.

Monthly housing costs include property tax, insurance, maintenance, and utilities. Ibid. The amount remaining, if any, represents the amount available to service a monthly mortgage payment with interest. Ibid. A time value calculation over 30 years determines a purchase price, which is the calculated Affordable Price. Opp. at 4-5. The calculated Affordable Price is not necessarily the final Affordable Price.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

KING V. HASSELL

In response, the current application provides certifications from the Tax Assessor which certify that, with the exception of two months, plaintiff has paid the property tax on each property for the last ten years. The two month exception is explained by payee/declarant Sandra King that the payments were made as “agent” on Doris King’s behalf. Consequently, given the certifications from the Tax Assessor and the explanation of declarant Sandra King, the property tax payment element is satisfied.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

PETITION OF SYMETRA ASSIGNED BENEFITS SERVICE COMPANY

However, the value of Payee's current monthly rent is not stated, the value of the purchase price that the current owners have offered is not stated, the amount of savings that will be added to the transaction payment here to combine for the down payment is not provided, and an estimate of the anticipated monthly mortgage payment (together with any property tax, PMI, HOA fees, insurance, etc.) is not provided.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

GLORIA SAUCEDO VS MIGUEL SAUCEDO

Since the date of purchase, Plaintiff and Juvencio made all of the monthly mortgage payments, property tax payments and homeowners insurance payments with community property funds and without contribution from any other individual. Juvencio died on July 29, 2019. Sometime after Juvencio’s death, Miguel transferred title to the subject property to Joanna A. Saucedo (“Joanna”).

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

REVIEW RE: CONCERNS OF THE COURT INVESTIGATOR.

Verified declaration by petitioner to clarify payment to Lake County for property tax. Accounting does not include real property located in Lake County. 11. Summary of Account that complies with PrC § 1061(b). Accounting must begin with values as reported in Inventory & Appraisal. ¶7 indicates an Inventory & Appraisal will be filed; however, it is unclear whether this is a Corrected or Supplemental I&A. Accounting must not include transfers between accounts.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

LIMITED CONS. OF BRIAN MATTHEW CUSTANCE

Verified declaration by petitioner to clarify payment to Lake County for property tax. Accounting does not include real property located in Lake County. 11. Summary of Account that complies with PrC § 1061(b). Accounting must begin with values as reported in Inventory & Appraisal. ¶7 indicates an Inventory & Appraisal will be filed; however, it is unclear whether this is a Corrected or Supplemental I&A. Accounting must not include transfers between accounts.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

ROBERT N. DANIELS VS SPECIALIZED LOAN SERVICING, LLC

BC641700) was that, after this Settlement Agreement was executed and performed by both parties, SLS “took it upon itself to charge Plaintiff Daniels for property tax payments previously made by U.S. Bank and SLS, and has, in addition, assessed Daniels for late charges.” Plaintiff is referring to the two times he failed to pay property taxes in 2011 and 2012. SLS had previously paid these delinquent property taxes and had established an escrow account in the delinquent amount.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

JILL HAYS VS KALNEL GARDENS LLC

The letter contained an attachment with the property tax invoice. (Ibid.) The invoice stated that the amount due would become delinquent if not paid by December 10, 2019 and April 1, 2020, respectively. (Ibid.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

BELCHER V. DAKOTA NOTE, LLC, ET AL.

Kenoyer informed Plaintiff that the loan would be for an additional $300,000 at a 12% interest rate with the loan itself paying the points, fees, property tax and first six months of payments so that Plaintiffs would have no payments during that time, and that the $300,000 would be put in a trust account. (Id.)

  • Hearing

LONGACRE ESTATES LP VS. DIANA VIGIL

Specifically, the $237,124.74 balance fails to reflect amounts owed on property tax and interest payment agreements. The purchase agreement addenda provided for a $450,000 purchase price remaining balance due and payable 15 months after the opening of escrow. If buyer failed to pay the entire balance within the 15-month time frame, Buyer would become obligated to pay 10% per annum interest.

  • Hearing

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