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Liens & back taxes

Selling a House With Liens or Back Property Taxes

Liens, back taxes and city code violations are title and code issues our homepage lists among the situations we buy in. This guide explains how California ranks liens and how unpaid property taxes move toward a county tax sale.

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The short answer

Every California property tax, penalty and interest charge is a lien on the property, and property tax liens take priority over all other liens regardless of when those were created (Revenue and Taxation Code 2187 and 2192.1). Unpaid taxes are declared in default by operation of law at 12:01 a.m. on July 1, and five years after a home becomes tax-defaulted the county tax collector gains the power to sell it, though the owner can redeem until the close of business on the last business day before the sale, or start a five-year installment plan before the power to sell arrives (R&T 3436, 3691, 3707 and 4217). Other liens follow their own statutes; a judgment lien, for one, stays on the property in the same amount if the property is sold without the lien being paid or otherwise extinguished (CCP 697.390). A California real estate attorney and a tax professional can tell you how these rules apply to your property.

Last updated October 28, 2026 · Spark Home Offers

Common Liens and How They Attach

Each kind of lien attaches, ranks and ends under its own statute, as the table below summarizes.

Mechanics liens run on short clocks: a direct contractor has to record its claim after finishing its contract and before the earlier of 90 days after the project is completed or 60 days after the owner records a notice of completion or cessation, while other claimants get the earlier of 90 days after completion or 30 days after such a notice (Civil Code 8412 and 8414).

A California real estate attorney can confirm which liens are recorded against your property and whether any are still enforceable.

LienHow it attachesHow long it lasts or how it's enforced
Property taxesEvery tax, penalty and interest charge on real property is a lien on the property assessed, attaching each year at 12:01 a.m. on January 1 before the fiscal year the taxes are forTaxes left unpaid go into default on July 1, and after five years in default the tax collector gains the power to sell a home
Mortgage or deed of trustA contract that pledges specific property as security for an obligation, without the lender taking possessionA loan given for the purchase price when the property is bought has priority over other liens created against the buyer, subject to the recording laws
Mechanics lienA lien right for anyone who provides authorized work on a private improvement, including direct contractors, subcontractors, material suppliers, equipment lessors, laborers and design professionalsThe claimant must sue to enforce it within 90 days after recording, or the claim of lien expires and is unenforceable, unless a recorded credit extension applies
Judgment lienCreated by recording an abstract of a money judgment with the county recorder; it reaches the debtor's real property interests in that county, including ones acquired laterLasts 10 years from the date the judgment was entered unless satisfied or released, subject to renewal
City nuisance abatement lienA city may, by ordinance, collect abatement and related administrative costs through a recorded lienHas the force, effect and priority of a judgment lien from the date of recording, can be foreclosed by a court action, and must be released once paid or satisfied

Which Lien Comes First

Property taxes sit at the top: Revenue and Taxation Code 2192.1 gives property tax liens, and public improvement assessments that the law declares to be liens, priority over all other liens on the property regardless of when those were created, including deeds, judgments, debts and obligations.

Below that, Civil Code 2897 sets the general rule that, other things being equal, liens on the same property rank by when they were created. A mortgage or deed of trust given for the purchase price at the time of purchase outranks other liens created against the buyer, subject to the recording laws (Civil Code 2898). A city's nuisance abatement lien takes the priority of a judgment lien from the day it is recorded (Government Code 38773.1).

A city can instead make abatement costs a special assessment collected with the property taxes; the owner's notice has to say the tax collector may sell the property after three years for unpaid delinquent assessments, but if the property is sold to a good-faith buyer before the first tax installment goes delinquent, the cost moves to the unsecured roll and doesn't stay a lien (Government Code 38773.5).

At a county tax sale, the tax collector's deed gives the buyer title free of all earlier encumbrances, except listed items such as future tax and assessment installments, easements and recorded restrictions, certain federal tax liens and some unpaid Mello-Roos and 1915 Act bond assessments (R&T 3712). If the sale brings in more than the taxes and costs, lienholders of record can claim the excess first, in order of priority, and then anyone who held title before the tax deed, within one year after the deed is recorded (R&T 4675). A California real estate attorney can explain how these priority rules apply to your title.

What Official Sources Say About Liens When a House Sells

Judgment liens: when property subject to a judgment lien is sold or refinanced without the lien being satisfied or extinguished, the property stays subject to the lien in the same amount (CCP 697.390). The California Courts self-help guide explains why creditors record these liens: if the owner ever sells or refinances, the creditor may get paid.

Mortgages: an escrow holder with a license under the state Financial Code is among those who can demand a written payoff statement from the lender, the lender must deliver it within 21 days, and in a voluntary sale the statement can be relied on until the close of escrow, transfer of title or recording of a lien, whichever comes first (Civil Code 2943).

State and federal tax liens follow their own rules; a tax professional can explain how one on your title is handled.

Current property taxes: Fresno County's tax collector says there was most likely a proration between buyer and seller in escrow, but warns that the money may not have been withheld and paid, and that owners are responsible for paying on time.

City code liens: Stockton issues payoff demands so that recorded code-enforcement notices and liens can be removed from a property once the balance is paid, and it takes those requests from the property owner, a title or escrow company, or the listing agent. A California real estate attorney can tell you how the liens on your title would be handled in a sale.

From Unpaid Property Taxes to a County Tax Sale

The tax-default process runs on dates set in the Revenue and Taxation Code, and each county applies them in its own words. PropertyRadar records pulled in October 2026 show 9,318 single-family homes with delinquent property taxes in Fresno County, 2,608 in Tulare County and 1,612 in Stanislaus County.

  • Default on July 1: taxes still unpaid are declared in default by operation of law at 12:01 a.m. on July 1 (R&T 3436). Fresno and Kings counties put the cutoff at 5 p.m. on June 30, Madera at close of business on the last day of June, and Merced at 12:01 a.m. on July 1.
  • Redemption cost: redeeming takes all prior-year defaulted taxes, delinquent penalties and costs, redemption penalties, and a $15 redemption fee per parcel for property defaulted on or after January 1, 1984 (R&T 4102). Redemption penalties accrue at 1.5% a month on the defaulted taxes from July 1 of the default year until redemption (R&T 4103).
  • Installment plan: until 5 p.m. on the last business day before the tax collector obtains the power to sell, an owner can start a five-year plan by paying at least 20% of the redemption amount plus all current-year taxes, and counties may charge a setup fee set by ordinance (R&T 4217 and 4219). In later years, current taxes have to be paid on time and installments have to reach 40%, 60%, 80% and then 100% of the original redemption amount by the fourth fiscal year after the election, with interest of 1.5% a month on the unpaid balance (R&T 4220 and 4221). While payments are made as required, the property can't become subject to the power of sale; if they aren't, it can, as if no plan had been started (R&T 4218 and 4222).
  • Power to sell after five years: once a home has been tax-defaulted for five years or more, the tax collector has the power to sell it and must attempt to, and anyone may buy at the sale regardless of existing liens or claims (R&T 3691). The wait can be three years when a city, county or nonprofit requests a sale under R&T 3692.4, or when someone who recorded a nuisance abatement lien on the property requests it. For a home damaged in a declared disaster area and not substantially repaired, the five-year period is paused until five years after the damage.
  • Notices: by June 8 each year the tax collector publishes a notice of power and intent to sell (R&T 3361); 45 to 120 days before a sale, certified-mail notice goes to parties of interest with the sale date, the redemption amount and their right to claim excess proceeds (R&T 3701); and the notice of intended sale runs once a week for three successive weeks, starting at least 21 days ahead, with the minimum bid (R&T 3702 and 3704).
  • Last day to redeem: the right of redemption ends at the close of business on the last business day before the sale begins, and whoever holds title then loses all rights in the property; if the property doesn't sell, the right of redemption revives (R&T 3707).
  • What gets sold: California counties sell the tax-defaulted property itself, and Merced County's tax collector notes that no county in the state sells tax lien certificates.

Tax-Defaulted Auctions in the Seven Counties We Serve

We buy houses in seven Central Valley counties, and each county's tax collector runs its own sale under the state rules above. The table shows what each county had posted when checked on October 27, 2026, so treat the dates as a snapshot.

CountyTax collectorHow the sale runsLatest sale information posted
FresnoFresno County Auditor-Controller/Treasurer-Tax Collector (fresnocountyca.gov)Internet auction hosted by Realauction.comReoffer sale scheduled for November 23, 2026; excess-proceeds lists posted for a March 27-28 and April 4, 2025 sale and a June 2025 sale
MaderaMadera County Treasurer-Tax Collector (maderacounty.com)Annual defaulted-property tax sale with Bid4AssetsDefaulted land tax sale held May 11, 2026 (closed); the county starts the annual sale process on July 1 for property five or more years in default
MercedMerced County Treasurer-Tax Collector (countyofmerced.com)Online through GovEasePublic auction beginning October 6, 2026; the former owner's right to redeem ends at 5 p.m. on the last business day before the auction
TulareTulare County Auditor-Controller/Treasurer-Tax Collector (tularecounty.ca.gov)Internet auction on GovEaseAuction held March 3, 2026, with unsold parcels re-offered May 19, 2026; redemption for the re-offer ended at 5 p.m. on May 18, 2026
KingsKings County Tax Collector, Finance Department (countyofkingsca.gov)Auction platform not stated on the county siteSale held March 12, 2026, with tax deeds recorded March 19, 2026; the county's timeline says its sale is held annually in March, as needed
StanislausStanislaus County Treasurer / Tax Collector (stancounty.com)Internet auction on Bid4AssetsAuction held May 18-20, 2026; redemption ended at 5 p.m. on May 15, 2026, and unsold properties may be reoffered within 90 days
San JoaquinSan Joaquin County Treasurer-Tax Collector (sjgov.org)Internet auction on Bid4AssetsAuction held March 11-12, 2026, with a reoffer scheduled for May 27-28, 2026 for any unsold parcels; the county's auction page lists the next auction for March 17-18, 2027

As posted on each county's tax collector pages, checked October 27, 2026.

Default Charges and Payment Plans the Counties List

Here is what each county's own pages add about defaulted taxes; a tax professional can explain how the numbers apply to your bill.

  • Fresno County: taxes unpaid at 5 p.m. on June 30 put the property in default, with a $15 redemption fee and penalties of 1.5% a month; its five-year installment plan takes at least 20% of the redemption amount, a $135 setup fee and the current year's taxes.
  • Madera County: defaulted taxes accrue interest at 1.5% a month (18% a year), and its five-year plan takes the current-roll taxes, including supplementals, a $55 setup fee and an initial payment of at least 20% of the redemption amount.
  • Merced County: a 1.5% monthly redemption penalty and a $15 redemption fee; its plan takes 20% or more of the redemption amount up front and, by April 10 of each later year, another 20% or more plus interest on the unpaid balance, and a setup fee is not stated on the county site.
  • Tulare County: property with taxes unpaid at the close of the fiscal year is declared tax-defaulted, and the tax collector may offer it at public auction once the taxes have gone unpaid for five years or more.
  • Kings County: a $30 redemption fee plus penalties of 1.5% a month; its five-year plan takes at least 20% down, a one-time $100 fee and current taxes paid on time.
  • Stanislaus County: property becomes subject to the tax-default sale five years or more after default (three years for nonresidential commercial property), and a parcel that doesn't sell gets its right of redemption back.
  • San Joaquin County: taxes unpaid at 5 p.m. on June 30 put the property in default, with a $15 state redemption fee and interest of 1.5% a month on the unpaid base taxes; its five-year plan starts with at least 20% of the redemption amount plus current-year taxes.

Selling a House With Liens or Back Taxes to Spark Home Offers

Our homepage lists title and code issues, including liens, back taxes or city code violations, among the situations we buy in, and we buy houses as-is.

We also cover the standard closing costs, so the offer we agree on is what you can expect to walk away with (minus any existing mortgage or liens on the property).

We close through a reputable local title company, which handles the paperwork and makes sure the funds and title transfer properly, and you'll know exactly where and when you're getting paid. The offer is free with no obligation, and if selling to us isn't the right fit, we'll still try to point you toward a better option.

A sale doesn't by itself pay the taxes or cancel a scheduled tax sale; a California attorney can explain the deadlines that apply to you.

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FAQ

Liens and Back Taxes: Common Questions

Does a lien go away when the house is sold?

Not on its own: under CCP 697.390, a judgment lien that isn't paid or otherwise extinguished when the property is sold stays on the property in the same amount. The courts' self-help guide says creditors record these liens so they may get paid if the owner sells or refinances. A California real estate attorney can review the liens on your title.

When do unpaid property taxes go into default?

By law, at 12:01 a.m. on July 1 (R&T 3436); Fresno and Kings counties describe the cutoff as 5 p.m. on June 30. From July 1 of the default year, redemption penalties accrue at 1.5% a month.

How long until the county can sell a house for back taxes?

For a home, five years or more after it becomes tax-defaulted, when the tax collector gains the power to sell and must attempt a sale (R&T 3691). It can be three years when a city, county or nonprofit, or someone holding a recorded nuisance abatement lien, requests the sale.

Can I still pay off back taxes after a tax sale is scheduled?

Redemption stays open until the close of business on the last business day before the sale, and it revives if the property doesn't sell (R&T 3707). An installment plan, by contrast, has to be started before the tax collector obtains the power to sell (R&T 4217).

Does California sell tax lien certificates?

No. Merced County's tax collector says neither it nor any other California county sells tax lien certificates; counties sell the tax-defaulted property itself.

Do mechanics liens expire?

A mechanics lien claimant has to sue to enforce the lien within 90 days after recording it; otherwise the claim of lien expires and is unenforceable, unless a recorded credit extension applies (Civil Code 8460). A California attorney can check whether a lien on your title can still be enforced.

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Behind on Property Taxes or Facing a Lien?

Tell us about the house and what's recorded against it, and a member of our local team will reach out within 24 hours, usually much sooner. Call (559) 420-7887 or fill out the form to get started.

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