Monthly Archives: February 2012

Limited liability companies now authorized to hold California contractor’s license

CSLB Industry Bulletin – 01/27/2012

Contractors State License Board Issues First LLC License

SACRAMENTO -The California Contractors State License Board (CSLB) issued the first state contractor license to a limited liability company (LLC) on January 19, 2012, as part of the new business type that became eligible for licensure following the passage of Senate Bill 392 in 2010. The recipient is from the state of Washington: Doyon Project Services LLC, License No. 969358.

“To date, CSLB has received 36 LLC applications,” said CSLB Registrar Steve Sands. “However, our Licensing division has had to reject many because they were submitted without the correct information. We want to alert applicants to the errors we’re noticing so they can correct them before submitting incomplete application forms and causing a delay in their business operations.”

A common reason for rejection is the missing LLC registration number, which is issued by the California Secretary of State’s office (SOS). That number must be included on page one of the application. Companies should not submit the LLC application to CSLB until the SOS number has been issued.

Another common problem is that the personnel listed on the application do not match those reported by SOS. The same names and number of personnel listed on the application must match all of the personnel information provided to CSLB by SOS.

An issue related to the LLC personnel is that SOS has a four-month processing backlog for the Statement of Information (Form LLC-12) initial filings and updates, which are essential for reporting the LLC’s personnel (members and managers). CSLB cannot process the LLC license application until all information is consistent with SOS records. The personnel information is necessary for CSLB to determine the appropriate amount of required LLC liability insurance (between $1 million and $5 million, depending on the number of personnel).

Businesses that are planning to submit an LLC application to CSLB should plan for the four-month processing delay before submitting their application if they have recently submitted an initial or updated Statement of Information to SOS. However, SOS does offer expedited processing for an additional fee ($350 for 24-hour processing, and $750 for same-day processing—in by 9:30 a.m., out by 4:00 p.m.).

Douglas County, NV Real Property Tax Lien Certificate Sale Information

The informaiton presented below is provided as a courtesy to our readers, clients and prospective clients.  Dealing with the forced sale of real estate is never easy.  The laws can be quite complex.  If you are facing delinquent taxes or you are interested in buying liens on and/or distressed properties, you may want to consider consulting with a licensed Nevada attorney.

The Douglas County Nevada Treasurer/Tax Collector has provided a detailed series of questions and answers about the Certificates of Sale of property liens.  We provide it to you “as is” from the original website.

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Special Assessment – Frequently Asked Questions – Tax Lien Certificates

Q. What is a tax lien certificate?

A. A tax lien certificate is a Certificate of Sale note issued on a property that is sold for non payment of a special assessment.

Q. How often does Douglas County conduct sales on delinquent special assessments?

A. Douglas County conducts sales on delinquent assessment parcels as they are required.

Q. How do you determine the amount of the Certificate of Sale note?

A. The note is sold for the principal amount of a delinquent assessment plus accrued interest, penalties and costs.

Q. If I purchase a Certificate of Sale note, do I own the property?

A. No. You own a note on the property, for a specified redemption period, and earn interest for each month the note remains outstanding. At the end of the redemption period you may request the deed to the property. The buyer has no legal claim or obligations during the redemption period.

Q. How long before I can move into the home?

A. You must wait until after the redemption period when you request a deed from the Treasurer’s office. The buyer has no legal claim or obligations during the redemption period.

Q. Does the buyer retain the right of refusal during the sale?

A. If the buyer chooses not to purchase the property, then the bidder number is left out and another number is drawn.

Q. Who can redeem the Certificate of Sale note?

A. The property owner and other major lien holders (i.e. mortgage company) may redeem the certificate of sale at any time during the redemption period. Payment must be in the form of cash, cashiers check, or money order.

Q. If the Certificate of Sale is redeemed, do I get my money back?

A. Yes. The Certificate of Sale is redeemed with interest at a rate of 1% per month.

Q. Is the Certificate of Sale a public document?

A. The Certificate of Sale note is recorded with the Douglas County Recorder’s office. The original note will be mailed to the buyer after it is recorded.

Q. Where are the sales held?

A. The Douglas County Commission Chambers at the 1616 8th Street, Minden, Nevada. (The Old Courthouse.)

Q. Do I have to be present to purchase a tax lien or may I do it by mail?

A. Tax lien certificates are sold at public sale and you must be present.

Q. How do I find out what parcels are available for the sale?

A. The available parcels will be posted to the Douglas County Treasurer website, http://cltr.co.douglas.nv.us/treasurer at the beginning of the sale month. They will also be published in the Record Courier, one time each week, for the three consecutive weeks prior to the sale date. It should be noted that property owners, or their mortgage company, may bring the parcel current up to the day of the sale. On the sale date they may pay the assessment off before the time of the sale.

Q. How do I purchase a Certificate of Sale note?

A. All interested parties must register to receive a bidder number. A random number will be drawn to select the winning bidder. A first and second alternate will also be selected for the parcel from the number selection. The sale will then continue with all bidders eligible for each parcel on the sale list.

Q. What do I need to register to bid?

A. Registration begins one hour before the scheduled sale (9:00 a.m.), at the front counter of the Treasurer’s office. You must fill out the registration form presented to you and show a valid picture identification (driver’s license) with your current address. From this you will be assigned a bidder number.

Q. Do I need to be present to register or may a friend register for me?

A. You must be present to register. We will not allow a friend or family member to register for you.

Q. What happens if there are back taxes?

A. The buyer is not required to pay any delinquent property taxes at the time of the sale. Should the buyer wish to protect their interest in the property, they may pay the delinquent tax and have the amount added to the Certificate of Sale. Delinquent taxes must be paid before a deed will be issued on the property.

Q. If I win the purchase of a Certificate of Sale how long do I have to pay the purchase price?

A. Payment must be received by 10:00 a.m. the day following the sale. Payment must be in the form of cash, cashiers check, or money order made payable to the Douglas County Treasurer.

Q. What happens to the parcels that do not sell, or for which payment is not received, by the following day?

A. The buyer has until 10:00 a.m. the day following the sale to make payment on their purchase.. Parcels that have not been paid for will be offered to the first alternate at 10:01 a.m.. Payment must be made by 5:00 p.m. on that date. If the first alternate declines or does not make payment, the second alternate is called. Payment must be made by 5:00 p.m. that day. If the property has not been paid for or there is no interest in the property the Certificate of Sale will be issued in the name of Douglas County. Douglas County may then sell the note, over the counter, to any interested party for the sale amount plus 1% interest for each month that Douglas County holds the note to the property.

Q. Where do I find out information on other liens that may be on the parcels?

A. We advise you to research the Douglas County Assessor and Douglas County Recorder records for information on the properties. Your research should be completed prior to the sale date.

Q. What is the length of the redemption period I must hold the note?

A. The redemption period for vacant land is 120 days and for improved property the redemption period is 2 years.

Q. What is the interest rate I will earn on the note?

A. The interest rate is 1% per month (12% per annum) for each month the note remains outstanding.

Q. Is the monthly interest ever pro-rated?

A. No. The monthly interest is a full month.

Q. What type of deed will I receive at the end of the redemption period?

A. Douglas County will issue you a deed, upon your request, at the end of the redemption period. Refer to Nevada Revised Statutes 271.420 and 271.600 for information on deeds.

Q. What happens if the property owner files bankruptcy?

A. Douglas County will not sell a parcel that has a stay in bankruptcy. We recommend that you contact your attorney for any recourse you would have should the the property owner file bankruptcy after you have purchased the note.

Q. Will there be additional costs to the buyer?

A. There are costs associated with the notification procedures to request the deed to the property. However, the County cannot determine what, if any, additional costs the buyer may incur. Reasonable costs may be added to the note (i.e. publication, process server, etc.), prior to the date of redemption, and will earn 1% interest from that date forward. It is the buyer’s responsibility to provide the Treasurer’s office with receipts of the costs.

Originally Published by:

 Douglas County Treasurer
PO Box 218
1616 8th Street
Minden, NV. 89423
Phone: 775-782-9018 Fax: 775-782-9888

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The information provided above is reprinted from the Douglas County Nevada Treasury/Tax Collector and is current as of February 7, 2012.  Please perform your due diligence before making any financial decisions.

Douglas County, Nevada Real Property Tax Auction Information

The following information is provided as a service to our readers, clients and prospective clients concerning how Douglas County, Nevada, headquartered in the Minden/Gardnerville area, but also including Stateline and Zephyr Cove, conducts sales of real estate where the property taxes are delinquent.  It is current as of February 7, 2011.

If you need legal assistance or clarification, please contact a licensed Nevada attorney such as Ballard Law Practice.

From the Douglas County website:

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Delinquent Property Tax Sale – Frequently Asked Questions
Trustee Auction

Q: What is the date, time, and location of the tax sale?

The Douglas County Treasurer’s office conducts Tax sales/Trustee auctions each year as required. The dates, time and parcel descriptions are posted to our website at http://cltr.co.douglas.nv.us/ExhibitA.htm as soon as available.

Q:  When and where are the tax sales advertised?

The Tax sale is advertised for 20 consecutive days prior to the auction date. The list is published in a newspaper of local circulation, usually the Record Courier. The list will also be posted to our website at http://cltr.co.douglas.nv.us/ExhibitA.htm


Q: Can I receive notice of all tax sales by U.S. Mail?

Yes, you may pay $5.00 to the Treasurer’s office…click “here” to get a copy of the mail-notice form. This fee adds you to a listing of all parties interested in receiving sale notices for a period of 5 years.

Q: How and when do I register for the tax sales?

Registration begins 1 hour prior to the time of the sale. You may register by coming in to the Douglas County Treasurer’s office at 1616 8th Street, Minden, Nevada.

Q: Can I register on-line?

No, but you can click “here” to view the registration form and print it on your printer.  This will enable you to save time and have the required information filled in before arriving.

Q: What type of bidding process will be used?

This will be an open auction with the property being sold to the highest bidder.

Q: Is the sale final?

All sales are final. If you make a mistake and bid on the wrong property the sale is still final.

Q: Will all other liens be cleared from the property as a result of the sale?

Governmental liens (i.e. special assessments, sanitation liens, etc) will remain. Please refer to Nevada Revised Statute 361.585 and 361.590 for further information. (See Nevada Revised Statutes)

Q: Will the County assist if a foreclosure is necessary?

No, the County does not assist with foreclosure proceedings.

Q: A list of all properties to be sold by the Douglas County Trustee is available on our website at http://cltr.co.douglas.nv.us/ExhibitA.pdf approximately 20 days prior to the sale. All properties on the list are subject to sale, however, property owners have the right to reconvey the property (bring the taxes current) up to the date of publication. Publication of the final list will begin 20 days prior to the date of the sale in a newspaper of local circulation, the Record Courier.

Q: Where are properties located and in what condition is the property?

The properties are located throughout Douglas County and are sold “AS IS”. The County does not investigate the properties prior to the sale and in no way assumes any responsibility, implied or otherwise, that the properties are in compliance or conformed with zoning ordinances or conforms to building codes and permits. The County encourages you to research thoroughly the property you are buying. The County does not guarantee a clear title. Caution: investigate before you bid.

Q: Where can I research the sale parcels?

Ownership and lien information may be researched through the Douglas County Assessor ( http://assessor.co.douglas.nv.us ) and the Douglas County Recorder ( http://recorder.co.douglas.nv.us ). Both offices are located on the second floor of the “Old Courthouse”, 1616 8th Street, Minden, NV.


Q: How is the minimum bid determined on a parcel?

The minimum bid consists of all delinquent property taxes, penalties, interest and sale costs. It may also include items such as special assessments, sanitation liens, abatements, etc. The property will be sold to the highest bidder.

Q: What payment requirements do you have at the sale (cashier’s check, etc.)?

Payment must be made in the form of certified funds: cash, cashier’s check or money order made payable to Douglas County Treasurer.

Q: Is payment in full required on the day of the sale?

Payment in full is required by 3:00 p.m. on the day of the sale.

Q: Does Douglas County offer a financing program?

No, Douglas County does not offer any type of financing on sale parcels. Payment in full is required by 3:00 p.m. on the day of the auction.

Q: What type of ownership document is issued at the sale (treasurer’s deed, tax deed, sheriff’s deed, etc.)?

The County will record an Tax sale deed to the property within 30 days of the auction date. The Recorder’s office will mail the deed to the buyer. Please refer to Nevada Revised Statute 361.595 for information on a tax sale deed.

Q: Once the property is acquired through the tax sale, is there a redemption period before you can take possession?

There is no redemption period on property acquired through the tax auction. Once you receive the recorded absolute deed the property is yours. There is a 2 year period where the previous owner may protest the sale and during which title companies do not issue title insurance. If the prior owner collects the remainderment on the property their claim is void and the title company will issue title insurance with verification from the Treasurer’s office.

Q: Are investors permitted to make purchases at the tax sales without attending the tax sale (i.e. absentee bidding)?

No, all interested bidders must attend the sale. If a bidder is representing their company a letter of authorization must accompany the bidder.

Q:  What happens to the properties that do not sell at the auction?

Properties that do not sell at the auction will be placed on the next Trustee auction.

Q:  Do you maintain a mailing list of interested parties in the tax sales?

Yes, the Treasurer’s office maintains a mailing list of those parties that have paid a $5.00 fee to receive notices by mail of any tax sales for a period of 5 years. Click “here” for mail in form.  A list of all Trustee parcels, subject to sale, is also available on our website, http://cltr.co.douglas.nv.us/ExhibitA.pdf .  All parcels to be included in the auction will be posted to the website and published in a local newspaper 20 days prior to the sale date.

Q:  Are copies of the State statutes regarding the tax sale available?

Copies of the Nevada Revised Statutes, pertaining to delinquent taxes, are available for review at the Douglas County Library  and they are also available on the Internet at www.leg.state.nv.us.

Trustee – Frequently Asked Questions

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The above was provided as a service to our readers directly from the Douglas County Nevada Clerk/Assessor’s office.  It is current as of February 7, 2012.  Please do your own due diligence before relying on this information.

Carson City, Nevada Real Property Taxes

The following information about tax liens and sale of real property when taxes are overdue is provided for our readers.  The original information comes from the Carson City Treasurer’s Office and is current as of February 1, 2012

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Collection of Real Property Taxes

The property tax rate for Carson City is set each year around the end of June. This is after budget hearings and review by the State Department of Taxation. These rates are then applied to the assessed values set by the Carson City Assessor as of June 30 of each year.

Property taxes are billed each July to the address on file with the Assessors Office. Tax bills are mailed to the property owner even if the taxes are paid by a lenders impound account. You can look up your tax obligation here. The tax can be paid in four installments. The installments are due the third Monday in August, the first Monday in October, the first Monday in January and the first Monday in March. For each installment date there is a ten day grace period before late penalties are assessed. Should the tax for any one installment be due after the grace period a 4% penalty will be added. A 5% penalty (of the tax amount only) will be assessed when taxes for two installments have not been paid by the end of the grace period. The penalty is 6% when three installments are late and if all four installments are delinquent a 7% penalty is added. Prior year delinquent taxes accrue interest at the rate of 10% per year.

Properties which have taxes due at the end of April each year, will be advertised as delinquent in the local newspaper. Should a property have continuing delinquent outstanding taxes at the end of three years the Treasurer will take a trustee deed to the property and begin the process to sell the property at a tax sale. Each year several properties begin this sale process but in actuality, Carson City has only had no[sic]  parcels sold in the past fifteen years. If there is to be a property tax sale, the local newspaper will give notice on or near the 25th of January each year. Carson City does not sell tax liens.

Carson City : Property Taxes

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The foregoing information about tax liens and sale of real property when taxes are overdue is provided for our readers. The original information came  from the Carson City Treasurer’s Office and is current as of February 1, 2012.  Please see a Nevada Licensed Attorney for more information on your legal rights.

Washoe County, NV Treasurer`s Office Special Assessments

In addition to property tax liens, the county also has the right to make special assessments for various things like sidewalks, sewers and paving, and to levy the assessment on affected properties.  Failure to pay and successfully contest those assessments can result in foreclosure on the property.

For the benefit of our readers, we are providing the following information from the Washoe County, Nevada Treasurer.  This is information is current as of February 7, 2012.  Please check the website for up-to-date information.

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TREASURER`S OFFICE SPECIAL ASSESSMENTS

TAMMI DAVIS, Washoe County Treasurer
PHONE:   (775) 322-7788 (Special Assessments)
FAX:  (775) 328-2500

Special assessment districts are established when there is a need for work (i.e., installation/repair of sidewalks, installation of sewer systems, paving of streets) that would be considered to benefit a specified group of parcels.  The cost of the work done is apportioned to the benefited property on a pro-rata basis, and becomes a lien against that property until the assessment amount is paid in full.

Property owners are given the opportunity to pay the amount assessed against their parcel in full, without demand, during the 30 day pre-payment period.  Typically, bonds are sold to cover any amounts not paid at this time.  These unpaid assessments are set up on a payment schedule, with interest accruing, and those assessment payments are used to pay off the bond debt over time. 

Payments for Washoe County administered special assessments may be mailed to:

Washoe County Treasurer
File 57282
Los Angeles, CA 90074-7282

Information is also available on the following website: www.amgnv.com

SPECIAL ASSESSMENT SALES
 
Washoe County is required to commence foreclosure proceedings for the collection of delinquent assessments.  Within sixty days of delinquency, the County will prepare a Resolution for Notice of Sale to be approved by the County Commission.  A foreclosure fee of $375.00 will be charged to all parcels during the third delinquent month.  A title search will be done on all delinquent parcels in foreclosure.  At least 20 days prior to the sale, a Notice of Sale will be mailed to the parcel owner and all parties with a recorded interest in the property.  At least 15 days prior to the sale, the Notice of Sale will be published in the Reno Gazette Journal.  The Notice of Sale will be published once a week for three consecutive weeks.
At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorney’s fees, and thereupon shall be restored to the right, thereafter, to pay in installments in the same manner as if the default had not occurred.

If any delinquency is not cured by the day of sale, the parcel will be foreclosed upon.  On the day of sale, the parcel will be sold to the first person willing to pay the delinquent assessment, accrued interest, all penalties and costs of collection accrued, including but not necessarily limited to any attorney’s fees.  The first person is determined by a show of hands at the sale.  If more than one person wants the same parcel, the County will draw buyer numbers to determine the buyer.  The buyer then has until 10:00 am the following day to pay.  When payment is made, a Certificate of Sale is recorded against the property.  To redeem the property, the owner, or his grantee, mortgagee, heir or other representative must pay the amount on the Certificate of Sale plus monthly interest of one percent for every month (12 percent per annum) the buyer holds the Certificate of Sale.  The monthly interest of one percent will not be prorated.  If there is a permanent residential dwelling or any other significant permanent improvements on the property or as determined by the governing body, the redemption period is two years.  All other cases are 120 days.

As sales are scheduled, specific time, date, location and property information will be provided on this site.

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For the benefit of our readers, we have provided the above  information from the Washoe County, Nevada Treasurer. This is information is current as of February 7, 2012. Please check the website for up-to-date information.  If you have any questions you may contact the Washoe County Treasure or a Nevada licensed attorney.

Washoe County Nevada Treasurer’s Office Tax Sale Information (Part 2 of 2)

In part 1, we discussed sales of property in the Reno/Sparks area  by Washoe County for delinquent property taxes.  Part 2 discusses sales of real estate and personal property that occur for reasons other than tax liens.  The information supplied is directly from the Washoe County Treasurer’s office for the convenience of our readers, clients and prospective clients.  It is current as of February 7, 2012, but could change at any time.

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MOBILE HOME SALES
 
Mobile home sales are typically held in June, but can be scheduled as needed.  Sale dates and property information will be posted on this website when sales are scheduled.
 
Units are sold for the amount of delinquent taxes plus penalties, mailing, advertising and collection costs.  The successful bidder must provide a $100 cash non-refundable deposit at the conclusion of the sale.  The remainder of the funds are due by noon the following day in the form of certified funds.  If the remainder of the funds are not received in our office by noon on the day following the auction, the property will be offered to the next highest bidder.  If the total bid is less than $100, the total amount must be paid at the conclusion of the auction.  Units can be redeemed up until the morning of the sale date, therefore, not all units advertised will go to sale. 

COMMERCIAL PERSONAL PROPERTY SALES
 
Sales for delinquent commercial personal property taxes are scheduled as needed. Equipment is identified and typically sold in aggregate, with the minimum bid being the amount of delinquent taxes, plus penalties, mailing, advertising and collection costs that have accrued.
 
Sales are typically held at the business site, and will require a non-refundable deposit (generally 20% of the bid amount) to be made by the successful bidder at the conclusion of the sale.  The remaining funds are due by noon on the day following the sale in the form of certified funds.  If the bid is less than $200, the total amount must be paid at the conclusion of the auction.

Sales will be advertised once a week for the two weeks prior to the sale date, and all information pertinent to the sale will be included in the advertisement. Taxes can be paid up until the morning of the sale date, therefore not all items advertised will necessarily be sold.

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This article discusses sales of real estate and personal property that occur for reasons other than real property tax liens. The information supplied above is directly from the Washoe County Treasurer’s office for the convenience of our readers, clients and prospective clients. It is current as of February 7, 2012, but could change at any time.

In a previous article, part 1, we discussed sales of property in the Reno/Sparks area by Washoe County for delinquent property taxes.   Please contact a Nevada licensed attorney if  you have questions about your legal rights regarding county sales of mobile homes and commercial personal property.

Reno Workshop on HUD Properties for First-Time Homebuyers

A free lunch time workshop on HUD Properties for First-time Homebuyers will be presented at Downtown Reno Library. Truckee Mountain properties presents this educational event to inform the public about the process of purchasing a HUD home. Bring your lunch!
Downtown Reno Library, 301 S. Center Street, Reno, 775-327-8300
Wednesday, February 8, 2012, Noon

Press Releases

Washoe County Nevada Treasurer’s Office Tax Sale Information (Part 1 of 2)

As a courtesy to our readers, Ballard Law Practice is passing along information provided by the Washoe County, Nevada Treasurer’s Office regarding Property Tax Lien Sales.  The below information is current per the Nevada Treasurer’s office as of February 7, 2012:

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Washoe County holds its real estate auction once a year in April in the Washoe County Commissioners Chambers located at 1001 East Ninth St., Reno, NV.  Once the sale date is set, additional details as well as a list of properties scheduled for auction will be published on this site [the Washoe County website].

FREQUENTLY ASKED QUESTIONS
Why does a property go into the name of Trustee Washoe County Treasurer?

 

Per NRS 361.585 & 361.590, property which is delinquent three consecutive fiscal years is deeded into the name of Washoe County Treasurer as trustee for the state and county. Once property is placed in the name of the County Treasurer as Trustee, the property is subject to be auctioned for non-payment of taxes.

If I pay the taxes, will the property transfer to my name?

No, if you are not the owner, you must bid for the property through auction.

When are the Washoe County Treasurer Trustee auctions held?

The Treasurer’s Office conducts one Real Estate Tax Auction annually, usually in April. The date, time and location of the auction will be available in February. The information is available on our website or by calling our office.

Which properties will be sold at auction?

We will have a list of properties available by the end of February each year. The property owner can pay the taxes up to the date of the sale, however once it is legally advertised, a temporary restraining order is required in order to prevent the sale and enable payment of the taxes. Therefore, the properties listed may not all go to auction. The legal advertisement of the tax sale is published once a week for four (4) consecutive weeks in the local newspaper, the Reno Gazette Journal.

How do I get information on the properties to be auctioned?

The County Assessor’s Office will have maps on all properties to be sold. You may search the County Recorder’s records for any recorded documentation you deem relevant. Both of these offices are located within the County Government Center located at 1001 East Ninth St., Reno, Nevada. You may also want to contact the various county or city zoning/planning departments.

Should I investigate before I bid?

It is the responsibility of prospective purchasers to conduct their own research, prior to the auction, as to the use of the property for their intended purpose, and to make a personal inspection of the property to determine if it will be suitable for the purpose for which it is being purchased. The County makes no representation or claims as to fitness for purpose, ingress/egress, conditions, covenants or restrictions. The County’s sole interest is the recovery of all delinquent taxes, penalties, interest and costs.

Are all items cleared as a result of the auction?

Not all liens are satisfied by a tax auction. Some government liens and other encumbrances may remain.

What is the minimum bid?

The minimum bid will vary for each property to be auctioned. Opening bid is for the amount of delinquent taxes, delinquent assessments, costs, interest and penalties OR the assessed valuation, whichever is greater. The assessed value is approximately 35% of the appraised value and, in some instances, is greater than the delinquent taxes, etc.

Must I be present to bid?

Yes, you must be present to bid.

When can I register to bid?

Registration is conducted on the day of the auction at no cost. A valid driver’s license or I.D. is required. All bidders must arrive and be in the registration line by 9:45 am to be eligible to register and receive their bidder number and instructions prior to the start of the auction. Prospective bidders who arrive after the 9:45 am deadline will not be registered or allowed to bid. The auction is scheduled to begin at 10:00 am. In the event bidders are still being registered, the auction will begin when all eligible bidders have been registered and are seated.
All bidders must have completed the registration process and be seated in the designated bidder seating area. In the event the bidder seating area is filled, non-bidders will be asked to sit in the observation area.

When is payment required?

A $500 non-refundable deposit is due for any successful bid and the remaining balance is due in full by 5:00 p.m. the day after the sale. We only accept cash, cashier’s check, certified check and/or money orders for payment.

What type of document is issued when the sale is completed?

A quitclaim deed will be prepared using the information on the bidder registration form. The Treasurer’s Office will record the deed to the property within 30 days of the auction date.

What if a property does not sell at the auction?

If a property does not sell, it will be offered at the next annual auction. Properties are not sold over the counter.

Is there a redemption period?

There is no redemption period on property acquired through the tax auction. There is a two year period in which the previous owner may protest the sale. During this period, you may not be able to obtain title insurance. You should contact a title company for more information regarding issuance of title insurance.

WARNING-THOROUGHLY RESEARCH ALL PROPERTIES BEFORE YOU INVEST.

We [Washoe County Treasurer’s office] do not sell tax liens or certificates for delinquent real estate taxes.

A title search is recommended, as this office does not guarantee clear title.  These properties are offered for sale “AS IS, WHERE IS.”  Prospective purchasers are urged to examine the title, location and desirability of the properties available to their own satisfaction prior to the sale.  The County of Washoe makes no guarantee, expressed or implied, relative to the title, location or condition of the properties for sale.  The County of Washoe makes no representation or claims as to fitness for purpose, ingress/egress, conditions, covenants, or restrictions.  All property taxes currently due will be paid from the proceeds of the sale.  The burden is on the purchaser to thoroughly research, before the sale, any matters relevant to his or her decision to purchase, rather than on the County, whose primary interest is the recovery of back taxes.

Treasurer’s Office Tax Sales

Please contact an attorney if you have questions about your legal rights as a property owner or a prospective purchaser of tax liens.

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The above information is current per the Nevada Treasurer’s office as of February 7, 2012.  It is published by the Washoe County, Nevada Treasurer’s Office regarding Property Tax Lien Sales.

3 Really Important Things to Know When Contracting With Strangers Via Internet

  contract magnify

It’s a different world today than many of us grew up with because of the proliferation of electronically-oriented commerce.  With the increased used of “social media”, which are online methods of mass communication such as Facebook, Google+, and blogging, folks are constantly trying to enlarge their sphere of influence to garner customers and trading partners.  Certainly with these options available people are making connections that the world would have never dreamed possible even 20 years ago.

In part, driven by the overall decline in the economies of the Western world, people are taking their financial futures into their own hands and setting up businesses online.  It now seems commonplace to do business with companies when you have never met a single person who works for the company.  You have never met their salesperson, their distributor, their manufacturer or even their limo driver.

Because the “world wide web” is, well, worldwide, often these potential trading partners are located in other countries or on other continents.  There is not necessarily a problem with that as long as things are going well with that trading partner.  What happens when there is a dispute though and the parties are not able to solve it by amicable means?

Often a contract dispute occurs.  How that dispute is resolved will often hinge on three clauses:  the “venue” clause, the “governing law” clause, and the “mediation/arbitration” clause.  You may be thinking, “Well, if I have a problem with this trading partner, I will just sue them in small claims court!”  Not so fast.

Venue

Generally toward the end of the contract, probably on one of the last two pages, you will find a clause governing where the dispute is to be handled.  The chances are very great that the location, or venue, for the handling of the dispute is in the town, county, province, state and/or country of the party that drafted the agreement, not where you live.  This is therefore something to look for when entering into these Continue reading

California Mechanic’s Lien Law

CALIFORNIA CODES
CIVIL CODE
SECTION 8410-8424, as of 2/1/2012

8410.  A claimant may enforce a lien only if the claimant has given
preliminary notice to the extent required by Chapter 2 (commencing
with Section 8200) and made proof of notice.

8412.  A direct contractor may not enforce a lien unless the
contractor records a claim of lien after the contractor completes the
direct contract, and before the earlier of the following times:
   (a) Ninety days after completion of the work of improvement.
   (b) Sixty days after the owner records a notice of completion or
cessation.

8414.  A claimant other than a direct contractor may not enforce a
lien unless the claimant records a claim of lien within the following
times:
   (a) After the claimant ceases to provide work.
   (b) Before the earlier of the following times:
   (1) Ninety days after completion of the work of improvement.
   (2) Thirty days after the owner records a notice of completion or
cessation.

8416.  (a) A claim of mechanics lien shall be a written statement,
signed and verified by the claimant, containing all of the following:
   (1) A statement of the claimant's demand after deducting all just
credits and offsets.
   (2) The name of the owner or reputed owner, if known.
   (3) A general statement of the kind of work furnished by the
claimant.
   (4) The name of the person by whom the claimant was employed or to
whom the claimant furnished work.
   (5) A description of the site sufficient for identification.
   (6) The claimant's address.
   (7) A proof of service affidavit completed and signed by the
person serving a copy of the claim of mechanics lien pursuant to
subdivision (c). The affidavit shall show the date, place, and manner
of service, and facts showing that the service was made in
accordance with this section. The affidavit shall show the name and
address of the owner or reputed owner upon whom the copy of the claim
of mechanics lien was served pursuant to paragraphs (1) or (2) of
subdivision (c), and the title or capacity in which the person or
entity was served.
   (8) The following statement, printed in at least 10-point boldface
type. The letters of the last sentence shall be printed in uppercase
type, excepting the Internet Web site address of the Contractors'
State License Board, which shall be printed in lowercase type:

      "NOTICE OF MECHANICS LIEN       ATTENTION!
  Upon the   recording of the
  enclosed   MECHANICS LIEN
  with the county
  recorder's office
  of the county
  where the
  property is
  located, your
  property is
  subject to the
  filing of a legal
  action seeking a
  court-ordered
  foreclosure sale
  of the real
  property on which
  the lien has been
  recorded. That
  legal action must
  be filed with the
  court no later
  than 90 days
  after the date
  the
  mechanics lien is
  recorded.
  The party
  identified in the
  enclosed
  mechanics lien
  may have provided
  labor or
  materials for
  improvements to
  your property and
  may not have been
  paid for these
  items. You are
  receiving this
  notice because it
  is a required
  step in filing a
  mechanics lien
  foreclosure
  action against
  your property.
  The foreclosure
  action will seek
  a sale of your
  property in order
  to pay for unpaid
  labor, materials,
  or improvements
  provided to your
  property. This
  may affect your
  ability to borrow
  against,
  refinance, or
  sell the property
  until the
  mechanics lien is
  released.
  BECAUSE THE LIEN
  AFFECTS YOUR
  PROPERTY, YOU MAY
  WISH TO SPEAK
  WITH YOUR
  CONTRACTOR
  IMMEDIATELY, OR
  CONTACT AN
  ATTORNEY, OR FOR
  MORE INFORMATION
  ON MECHANICS
  LIENS GO TO THE
  CONTRACTORS'
  STATE LICENSE
  BOARD WEB SITE AT
  www.cslb.ca.gov."

   (b) A claim of mechanics lien in otherwise proper form, verified
and containing the information required in subdivision (a), shall be
accepted by the recorder for recording and shall be deemed duly
recorded without acknowledgment.
   (c) A copy of the claim of mechanics lien, which includes the
Notice of Mechanics Lien required by paragraph (8) of subdivision
(a), shall be served on the owner or reputed owner. Service shall be
made as follows:
   (1) For an owner or reputed owner to be notified who resides in or
outside this state, by registered mail, certified mail, or
first-class mail, evidenced by a certificate of mailing, postage
prepaid, addressed to the owner or reputed owner at the owner's or
reputed owner's residence or place of business address or at the
address shown by the building permit on file with the authority
issuing a building permit for the work, or as otherwise provided in
Section 8174.
   (2) If the owner or reputed owner cannot be served by this method,
then the copy of the claim of mechanics lien may be given by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, addressed to the
construction lender or to the original contractor.
   (d) Service of the copy of the claim of mechanics lien by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, is complete at the time of
the deposit of that first-class, certified, or registered mail.
   (e) Failure to serve the copy of the claim of mechanics lien as
prescribed by this section, including the Notice of Mechanics Lien
required by paragraph (8) of subdivision (a), shall cause the claim
of mechanics lien to be unenforceable as a matter of law.

8422.  (a) Except as provided in subdivisions (b) and (c), erroneous
information contained in a claim of lien relating to the claimant's
demand, credits and offsets deducted, the work provided, or the
description of the site, does not invalidate the claim of lien.
   (b) Erroneous information contained in a claim of lien relating to
the claimant's demand, credits and offsets deducted, or the work
provided, invalidates the claim of lien if the court determines
either of the following:
   (1) The claim of lien was made with intent to defraud.
   (2) An innocent third party, without notice, actual or
constructive, became the bona fide owner of the property after
recordation of the claim of lien, and the claim of lien was so
deficient that it did not put the party on further inquiry in any
manner.
   (c) Any person who shall willfully include in a claim of lien
labor, services, equipment, or materials not furnished for the
property described in the claim, shall thereby forfeit the person's
lien.

8424.  (a) An owner of real property or an owner of any interest in
real property subject to a recorded claim of lien, or a direct
contractor or subcontractor affected by the claim of lien, that
disputes the correctness or validity of the claim may obtain release
of the real property from the claim of lien by recording a lien
release bond. The principal on the bond may be the owner of the
property, the direct contractor, or the subcontractor.
   (b) The bond shall be conditioned on payment of any judgment and
costs the claimant recovers on the lien. The bond shall be in an
amount equal to 125 percent of the amount of the claim of lien or 125
percent of the amount allocated in the claim of lien to the real
property to be released. The bond shall be executed by an admitted
surety insurer.
   (c) The bond may be recorded either before or after commencement
of an action to enforce the lien. On recordation of the bond, the
real property is released from the claim of lien and from any action
to enforce the lien.
   (d) A person that obtains and records a lien release bond shall
give notice to the claimant. The notice shall comply with the
requirements of Chapter 2 (commencing with Section 8100) of Title 1
and shall include a copy of the bond. Failure to give the notice
required by this section does not affect the validity of the bond,
but the statute of limitations for an action on the bond is tolled
until notice is given. The claimant shall commence an action on the
bond within six months after notice is given.