Foreclosure Notices
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FORECLOSURE NOTICE REQUIREMENTS

By law, notice requirements related to a foreclosure action must be strictly complied with. Even the failure to properly record collection actions (lien and foreclosure authorizations) in the minutes could be a basis for reversing a foreclosure sale.  (Diamond v. Superior Ct.)

A. DECISION TO RECORD A LIEN FOR DELINQUENT ASSESSMENTS

  1. Majority vote of the board required.

  2. Vote to take place in an open meeting.

  3. Record the vote in the minutes of that meeting and refer to the matter by Assessor's Parcel Number (APN) (Civ. Code §5673.)

B. DECISION TO INITIATE FORECLOSURE OF A LIEN

  1. Majority vote of the board required.

  2. Vote to take place in executive session.

  3. Record the vote in the "Executive Session Summary" of the minutes of the next following open meeting.

  4. Refer to the matter in the minutes by APN, not owner's name. (Civ. Code Section 5705(c).)

C. CORRECTING PRIOR MINUTES

  1. Corrections to the minutes should be made in open session.

  2. Place "Correction of Minutes of the Meeting of (date)" on the agenda.

  3. Board member makes motion to correct minutes as needed.

  4. Majority vote of board required.Record statement in minutes that prior meeting's minutes (state date) were corrected.

  5. Remove the incorrect language from the minutes being corrected and insert the corrected language.

  6. Discard incorrect minutes and replace with corrected minute.

  7. Place corrected minutes in the association's corporate records.

See Foreclosure Decision and Sample Minutes.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC