Court Cases
June 15, 2010
ASSESSMENT BOND FORECLOSURE
612 South LLC v. Laconic Limited Partnership (PDF)
1. Recordation of a Notice of Assessment under the Improvement Act of 1911 imparted constructive notice even though the notice did not name the owner of the subject property and was not indexed under the owner's name.
2. A Preliminary Report also gave constructive notice where it stated: "The lien of special tax for the following municipal improvement bond, which tax is collected with the county taxes. . ."
3. A property owner is not liable for a deficiency judgment after a bond foreclosure because a property owner does not have personal liability for either delinquent amounts due on the bond or for attorney fees incurred in prosecuting the action.
Cal.App. 4th Dist., Div. 1 (D056646) 5/25/10
