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Board rescinds tax deed for Clear Lake property after notice error; purchaser to be refunded
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Summary
The Board unanimously rescinded the tax deed for 16068 34th Avenue (APN 041-182-200-000) after county records showed the deed recorded an incorrect mailing address; the county will refund the tax-sale purchaser and restore the property to the pre-sale state, clearing tax liability for the original owner.
The Lake County Board of Supervisors on April 14 voted 4-0 to rescind a tax deed for a Clear Lake parcel at 16068 34th Avenue (APN 041-182-200-000) after the tax collector found notices for the 2021 tax sale were mailed to an incorrect address listed on the recorded deed.
County tax office staff told the board the property owner, Gionde (Mister) Guo, provided correct mailing information when he recorded the deed but the address was not properly recorded in the county system; notices of the tax sale therefore went to a different address. The tax collector recommended rescission because the owner did not receive proper notice and had made good-faith efforts to pay delinquent taxes.
The property was sold at a tax sale and then re-sold; the county's remedy is to unwind the tax sale. Staff explained the purchaser at the tax sale (identified in the record as the buyer at auction) will receive a refund for the amount paid at the auction plus interest. That purchaser, Apollinar Cortez, addressed the board and said he had frequently participated in tax sales and expected to be refunded the auction amount. A relative of the petitioner asked the board to return title so the family could resolve remaining taxes.
Supervisor Sabatier moved to approve rescission of the tax deed as discussed; the motion carried unanimously. County staff said rescission will restore title to the pre-sale condition, relieve the original owner of tax liability for that period, and refund the purchaser who paid at the auction (with interest). Staff estimated the refund amount would be small for this parcel ("like $30 to $40" plus interest). The board noted the outcome may create downstream private disputes among buyers who re-sold the parcel after the auction.
Next steps: County staff will process the rescission, refund the purchaser, and restore title. The county advised that buyers at tax sales carry inherent risk because sales may be challenged within one year of the sale.
Quote: "Because he did not receive notice, we feel that this deed should be rescinded, because he did not have the proper opportunity to respond," the tax collector said.
