In the event of nonpayment of any reassessment or installment thereof or of any interest thereon, together with any penalties and other charges accruing under the laws or ordinances of the city and not later than four years after the due date of the last installment of principal, as a cumulative remedy, such amounts when due and delinquent may by order of the legislative body be collected by an action brought in the superior court to foreclose the lien thereof.
Chapter 10Foreclosure of Reassessment Lien
Section § 9350
If someone doesn't pay a reassessment, or any part of it, including interest, penalties, and other charges related to city laws, it can be collected by the city. This must happen within four years of the final payment due date. The city can take legal action in superior court to collect by foreclosing on the lien, meaning the city can sell the property to recover the debt.
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Section § 9351
This law states that if a piece of land has been repossessed due to unpaid taxes, the process for foreclosing a lien due to reassessment (a new tax valuation) is the same as for any other property.
The lien of a reassessment on tax-deeded land may be foreclosed as in case of other lands.
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Section § 9352
This law allows a city to file a lawsuit to collect unpaid reassessment installments. The city can do this at any time up to four years after the last delinquent payment was due or will be due.
The action shall be brought in the name of the city and may be brought at any time prior to the expiration of four years subsequent to the date of delinquency of the last installment of reassessment due or to become due thereunder.
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Section § 9353
This section outlines what must be included in a complaint when seeking to collect reassessments related to refunding bonds for public improvement work. It's important to state the date the legislative body decided to refund the bonds and that a reassessment was made and recorded. The complaint should also describe the property reassessed and detail the bonds issued against it, specifically the date, interest rate, and final installment period, but not the bond's amount or denomination. Lastly, it should mention any unpaid amounts due on the reassessment and indicate that the legislative body has initiated foreclosure actions.
The complaint may be brief and include substantially only the following allegations with reference to the reassessments sought to be collected:
(a)CA Streets and Highways Code § 9353(a) That on a date stated the legislative body passed its resolution or ordinance determining to refund certain bonds which had been issued for certain improvement work (the improvement work need not be described).
(b)CA Streets and Highways Code § 9353(b) That a reassessment for the purpose of refunding the bonds was duly given and made.
(c)CA Streets and Highways Code § 9353(c) That the reassessment was recorded on a stated date.
(d)CA Streets and Highways Code § 9353(d) That certain property (describing it) was therein reassessed a stated amount.
(e)CA Streets and Highways Code § 9353(e) That bonds upon the security of such reassessment were duly issued, giving the date of the bonds, the interest rate, and the number of years the last installment thereof was to run, and that the bonds were duly issued, but it shall be unnecessary to state the amount, number, denomination, or other term thereof.
(f)CA Streets and Highways Code § 9353(f) That on a date stated a certain sum came due on the property on the reassessment and had not been paid and that the legislative body had directed the action to foreclose.
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Section § 9354
This law explains that when a court decides the costs in a case, those costs can include attorney’s fees, interest, penalties, and other related expenses. Once the court decides on these amounts, they will be added to the final judgment in the case.
The costs of the action shall be fixed and allowed by the court and shall include a reasonable attorney’s fee, interest, penalties, and other charges and advances as provided in this division, and when so fixed and allowed by the court shall be included in the judgment.
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Section § 9355
This law states that any penalties, costs, and interest related to a legal matter must be calculated up until the date a court judgment is made.
The amount of penalties, costs and interest due shall be calculated up to the date of judgment.
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Section § 9356
This law allows a court to place a lien on a piece of land that has been reassessed, based on the amount specified in a judgment. The court can also order the land to be sold to satisfy that judgment, similar to how other real estate is sold under legal proceedings.
The court may adjudge and decree a lien against the lot or parcel of land covered by the reassessment for the amount of the judgment and may order the premises to be sold on execution as in other cases of the sale of real estate by the process of the court.
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Section § 9357
If a case is appealed, the appellate courts have the same authority as the superior court to decide on and enforce a lien, meaning they can order the sale of property to satisfy the lien.
On appeal, the appellate courts shall have the same power to adjudge and decree a lien and order such premises to be sold on execution as is provided in this chapter for the superior court.
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Section § 9358
This law section states that foreclosure actions are guided by the rules in this chapter, and, if there's no conflict, also by other state codes.
The foreclosure action shall be governed and regulated by the provisions of this chapter, and also where not in conflict herewith by the codes of this state.
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Section § 9359
When a foreclosure action is ordered, the tax collector is credited with the amount linked to the reassessments for the case. After this, the tax collector has no further responsibilities concerning those reassessments.
Upon the ordering of any of the foreclosure actions the tax collector shall be credited upon the assessment roll then in his hands with the amount charged against him on account of reassessments ordered to suit and shall be relieved of further duty in regard thereto.
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Section § 9360
If there is a legal action to enforce the lien of a reassessment, the associated refunding bond serves as undeniable proof that the reassessment process and the reassessment itself were conducted properly and are valid.
In any action to foreclose the lien of a reassessment, any refunding bond shall be conclusive evidence of the regularity and validity of the reassessment proceedings and of the reassessment and of the refunding bond.
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Section § 9361
This law allows a city to pay county or other taxes on a property to protect its interest if there is an overdue reassessment on that property.
A city shall have the right to advance and pay county or other taxes wherever necessary to protect its interest in property against which there is a delinquent reassessment.
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Section § 9362
If a property is sold due to foreclosure on a reassessment lien, the buyer will own it without any additional claims. However, this does not include taxes and special assessment liens that are legally equal to or more important than the reassessment lien.
Any foreclosure of a reassessment lien shall convey the property to the purchaser free and clear of all encumbrances except such taxes and special assessment liens as are by law equal or superior to said reassessment lien.
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