Laws, Regulations & Annotations

C

220.0000 CHANGE IN OWNERSHIP

Annotation 220.0242

220.0242 Foreclosure. A change in ownership does not occur if a court finds a foreclosure sale void from the onset. Where a trial court found that (1) a property had been erroneously foreclosed upon due to the trustee's failure to comply with Civil Code section 2924f, which requires that a trustee give notice of the foreclosure to the party being foreclosed upon before he can legally sell the property, and (2) the defect in notice rendered the foreclosure invalid and the subsequent deed purporting to transfer the property to a third party void from the onset, no change in ownership occurred. If the assessor also reassessed the property upon the trustee's erroneous sale to a third party, the assessor is required, pursuant to Revenue and Taxation Code section 51.5, to reinstate the prior base year value, factored to its current assessable value, and enroll that value. Any taxes paid as a result of the erroneous reassessment should also be refunded. C 1/21/2009.