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HomeCivil CodeDiv. 3Pt. 4Ch. 2Art. 1§ 2931 Foreclosure Of Redemption Right

§ 2931 Foreclosure Of Redemption Right

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2931 Foreclosure Of Redemption Right

Key Takeaways

  • •If you owe money to the state (like taxes), they can put a claim on your property so you can't sell it without paying them first.
  • •The state can join in lawsuits about who owns a property if they have a claim on it for unpaid money.
  • •The state can even buy the property in these lawsuits if they want to.
  • •The state can sue to make sure they get paid from your property if you owe them money.

Example

You own a house but haven't paid your state taxes for years. The state puts a claim on your house so you can't sell it without paying them.

If someone sues to figure out who owns the house, the state can join the lawsuit to make sure they get their money first. They might even buy the house themselves to get what they're owed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2931 Foreclosure Of Redemption Right

A mortgagee may foreclose the right of redemption of the mortgagor in the manner prescribed by the Code of Civil Procedure. (Enacted 1872.) 2931a.    In any action brought to determine conflicting claims to real property, or for partition of real property or an estate for years therein, or to foreclose a deed of trust, mortgage, or other lien upon real property, or in all eminent domain proceedings under Section 1250.110 et seq., of the Code of Civil Procedure against real property upon which exists a lien to secure the payment of taxes or other obligations to an agency of the State of California, other than ad valorem taxes upon the real property, the state agency charged with the collection of the tax obligation may be made a party. In such an action, the court shall have jurisdiction to determine the priority and effect of the liens described in the complaint in or upon the real property or estate for years therein, but the jurisdiction of the court in the action shall not include a determination of the validity of the tax giving rise to the lien or claim of lien. The complaint or petition in the action shall contain a description of the lien sufficient to enable the tax or other obligation, payment of which it secures, to be identified with certainty, and shall include the name and address of the person owing the tax or other obligation, the name of the state agency that recorded the lien, and the date and place where the lien was recorded. Services of process in the action shall be made upon the agency, officer, board, commission, department, division, or other body charged with the collection of the tax or obligation. It shall be the duty of the Attorney General to represent the state agency in the action. (Amended by Stats. 1989, Ch. 698, Sec. 8.) 2931b.    In all actions in which the State of California is named a party pursuant to the provisions of Section 2931a and in which real property or an estate for years therein is sought to be sold, the Attorney General may, with the consent of the Department of Finance, bid upon and purchase that real property or estate for years. (Amended by Stats. 1989, Ch. 698, Sec. 9.) 2931c.    The Attorney General may bring an action in the courts of this or any other state or of the United States to enforce any lien to secure the payment of taxes or other obligations to the State of California under the Unemployment Insurance Code, the Revenue and Taxation Code, or Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2 of the Government Code or to subject to payment of the liability giving rise to the lien any property in which the debtor has any right, title, or interest. In any action brought under this section the court shall have jurisdiction to determine the priority and effect of the lien in or upon the property, but the jurisdiction of the court in such action shall not extend to a determination of the validity of the liability giving rise to the lien. (Amended by Stats. 1977, Ch. 1242.)

Last verified: January 21, 2026

Key Terms

mortgageeright of redemptionCode of Civil Procedureconflicting claimsreal propertystate agencytax obligationAttorney GeneralDepartment of Finance

Related Statutes

  • § 1092 Real Property Grant Form
  • § 1093 Property Description Consolidation
  • § 1098 Transfer Fee Exemptions
  • § 1098.5 Transfer Fee Recording Requirements
  • § 3307 Real Estate Breach Damages

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2931.
View Official Source