(a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust.
(b) In addition to the requirements of Section 2924, the association shall serve a notice of default on the person named as the owner of the separate interest in the association’s records or, if that person has designated a legal representative pursuant to this subdivision, on that legal representative. Service shall be in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. An owner may designate a legal representative in a writing that is mailed to the association in a manner that indicates that the association has received it.
(c) The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d, plus the cost of service for either of the following:
(1) The notice of default pursuant to subdivision (b).
(2) The decision of the board to foreclose upon the separate interest of an owner as described in subdivision (d) of Section 5705.
Related Topics
Related Statutes
- SB-1323 Foreclosure: equity sale: multiple listing.
- Civil Code Section 2924d. Recovery of Trustee’s Fees.
- Civil Code Section 2924c. Notice of Default; Trustee’s Fees.
- Civil Code Section 2924b. Request for Notice of Default and Sale.
- Civil Code Section 2924. Power of Sale Foreclosure.
- Civil Code Section 5715. Right of Redemption.
- Civil Code Section 5705. Decision to Foreclose Assessment Lien.
- Civil Code Section 5700. Assessment Lien Enforcement Generally.
Related Case Law
- Multani v. Witkin & Neal
(2013) 215 Cal.App.4th 1428
[Assessment Collection; Redemption Rights] A nonjudicial foreclosure sale may be set aside where a HOA fails to notify the foreclosed owner of his/her redemption rights after the foreclosure sale.