Legal Question in Real Estate Law in California
As a mortgage holder on a residential property do i have the right to know if the property taxes are current?Thanks
3 Answers from Attorneys
It depends on your loan documents, but if you used anything resembling a standard form of loan agreement and deed of trust, you not only have the right to know, but the right to declare a default if they are not paid.
I have occasionally had need to know about the status of property taxes on parcels where I had an equitable interest without actually being "on title," and although these occasions were some years ago now, I do not recall ever having any difficulty getting the information I needed over-the-counter at the county tax collector's office.
Most deeds of trust contain a requirement that the borrower keep the property taxes current, and that gives the holder of the note a bona fide "need to know," if that were necessary.
Furthermore, the Revenue & Taxation Code requires publication of lists of delinquent taxes, and these appear, or at least used to appear, in local newspapers once a year. See R&TC;sections 3371, 3372 and maybe a couple of following sections for the publication requirement. So, from a practicing lawyer's point of view, I'd say you not only have the right to know, so does the public in general.
Finally, I'm aware that certain information that used to be readily available to the public is now harder to get, with all the concern about spam, identity theft, and so on.... so things may have changed. Still, I'd say a lender has a right to know this kind of thing, and the borrower should furnish this information upon request, as well as proof of insurance, etc.
Generally yes, as it affects your rights if the taxes aren't paid, which could lead to tax foreclosure and sale. Check your contract documents to determine any special requirements or rights you may have. However, as long as your title interest is properly recorded, you should get legal notice of any such action.