California Law (Last Updated: March 4, 2014) |
Streets and Highways Code - SHC |
Division 10. THE IMPROVEMENT BOND ACT OF 1915 |
Part 14. FORECLOSURE BY ACTION |
Section 8837.
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This section applies if delinquent assessment installments, together with any penalties, interest, and costs, are collected through the sale of the property by the tax collector pursuant to Chapter 7 (commencing with Section 3691) of Part 6 of Division 1 of the Revenue and Tax Code.
(a) If the property is sold for at least the total amount necessary to redeem plus costs, as defined in Section 3698.5 of the Revenue and Taxation Code, the sale of the property shall extinguish the delinquent assessment installments, interest, penalties, and costs included in the sale price.
(b) If the property is sold for less than the total amount necessary to redeem plus costs, as defined in Section 3698.5 of the Revenue and Taxation Code, the following applies:
(1) The portion of the sales price paid by the tax collector to the local agency on account of the delinquent assessment installments shall be credited by the local agency first to delinquent interest and redemption penalties, and then to delinquent principal.
(2) The remainder of the delinquent assessment installments and redemption penalties, if any, shall remain due and owing.
(3) Redemption penalties shall continue to accrue on remaining unpaid delinquent assessment installments.
(4) The remaining unpaid amount, with penalties, may be added as postjudgment delinquencies to any existing unsatisfied foreclosure judgment against the property, or may be collected in a new foreclosure action filed pursuant to this chapter.