The ordinance codified in this chapter may be cited as the “parties-of-interest search fees ordinance.” (Ord. 534 § 1(part), 1990).

The Madera County board of supervisors finds that pursuant to Revenue and Taxation Code Sections 3701 through 3799 “parties-of-interest” searches must be performed by the tax collector-treasurer’s office prior to a sale of tax defaulted property. These searches often involve complex chains of title in regard to real property. These searches consume an inordinate amount of the time of the staff of the tax collector-treasurer’s office which could be devoted to other duties. Parties- of-interest searches can be conducted with complete safety and efficiency by title companies. A typical title company will charge three hundred dollars to conduct such a search.
At present the tax collector-treasurer, pursuant to Revenue and Taxation Code Section 4112(a)(1), collects thirty-five dollars for all parties-of-interest searches on tax sales. These fees are not sufficient to reimburse the county for the cost of conducting the difficult searches. Government Code Section 54985(a) allows the board of supervisors to increase this fee to an amount reasonably necessary to recover the cost of providing this service. (Ord. 534 § 1(part), 1990).

It is the intent of the Madera County to have the more difficult parties-of-interest searches performed by a title company. (Ord. 534 § 1(part), 1990).

For purposes of this chapter, the following words and phrases are defined:
A. “Parties-of-interest” means any person who, at the time of the tax sale, has a legal right by title, contract or lien to claim excess proceeds from the sale. “Parties- of-interest” includes post-sale assignees of such persons.
B. “Difficult” means any search that involves a tax deed or deed of trust that has (1) four or more pages of legal description of a property, (2) one or more subdivision numbers, (3) five or more lot numbers, (4) five or more parcel numbers, (5) no parcel number on the document, or (6) corporation deeds and deeds of trust that deed a property to an individual, corporation, partnership or company which are later deeded back to the originating corporations. (Ord. 534 § 1(part), 1990).

The board of supervisors determines that difficult parties-of-interest searches may be performed by a title company or by the tax collector-treasurer’s staff, at the option of the tax collector-treasurer. The tax collector-treasurer shall charge a fee of three hundred dollars to perform the difficult parties-of-interest searches. (Ord. 534 § 1(part), 1990).