First Corporation, Inc. v. County of Santa Clara

Opinion

MILLER, J.

When real property is sold by the state for nonpayment of taxes, the proceeds of the sale are first applied to the costs of the sale and to the unpaid tax assessments. Any excess remaining after satisfaction of those amounts may be claimed by the former owners of the property. This appeal presents a single question: If the sole claimant to the excess proceeds is a party who had only a fractional ownership interest in the property before its sale by the state, is that party entitled to the entire excess, or only part of it?

The facts in this case are undisputed. Plaintiff and…