Where there is a delinquency in the payment of special taxes levied pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code or principal and interest due upon a special assessment or bond and a sale or foreclosure is commenced, notice of the pendency of the sale or foreclosure shall be filed as provided in this part.
Part 3RECORDATION OF NOTICE OF PENDENCY OF SALE OR FORECLOSURE
Section § 3120
If someone is late in paying special taxes or missing payments on a special assessment or bond, and a sale or foreclosure process starts because of this, a notice must be filed about the upcoming sale or foreclosure.
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Section § 3121
Within 10 days of either asking the city treasurer or another officer to sell a property due to unpaid debts or starting a court process to enforce a lien from a special assessment or bond, the lienholder must file a notice with the county recorder indicating that the sale or foreclosure is pending.
Not later than 10 days after (1) making demand upon or application to the treasurer or other officer of the city to sell property for the delinquency or (2) commencing an action or proceeding in any court to foreclose the lien of the special assessment or bond, the lienholder shall record with the county recorder a notice of pendency of the sale or foreclosure.
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Section § 3122
When notifying someone about an ongoing legal action involving property, like a sale or foreclosure, the notice must include the lienholder's name, a description of the lien, and the details of the sale or foreclosure. It should also clearly describe the property involved.
The notice of pendency shall contain the name of the lienholder, describe the lien, state that a sale or foreclosure, as the case may be, has been commenced, refer to and identify the sale or foreclosure, and describe the property affected thereby.
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Section § 3123
This section states that when there's a sale or foreclosure happening, an extra notice must be given. This notice is in addition to any other notices required by the main or bond-related laws that govern the sale or foreclosure process.
Such notice of pendency shall be in addition to any notice required to be given by the principal act or bond act pursuant to which such sale or foreclosure is being taken.
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Section § 3123.1
If there is a sale or foreclosure due to a delinquent payment, the person or entity holding the lien (a right to keep possession of property until a debt is paid) has the right to recover costs associated with recording any notice of a pending lawsuit related to the sale or foreclosure. This cost recovery must be included in any official documents that authorize or arrange the sale or foreclosure.
The lienholder is entitled to recover the cost of recordation of any notice of pendency in any sale or foreclosure resulting from the delinquency and provision therefor shall be made in any notice, order, or judgment authorizing or providing for the sale or foreclosure.
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Section § 3124
This section says it doesn't apply when overdue payments for special taxes or bonds are collected like regular city property taxes.
This part does not apply in any case where payments of special taxes or principal and interest due upon a special assessment or bond are enforced for delinquency in the same manner and at the same times as general taxes of the city on real property.
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