The former owner converted the garage to a living space and the city required the former owner to get building permit or demolition permit to change back to a garage in 2006. The owner didn’t do it. There is a “notice of abatement proceedings” recorded in 2014 below:
“Notice of Abatement Proceedings
Notice is hereby given that, pursuant to chapter 7 of the XX County Code and the uniform codes incorporated therein, the county of XX has commenced a proceeding to abate substandard and /or dangerous conditions located at XX, and more particularly described in Exhibit A. the substandard and/or dangerous conditions on the property are as described in the notice and order sated March 10, 2006.”
I believe the former owner need to pay a lot for city to covert the garage back. The notice was 10 years ago. If the former owner didn’t pay it, Do I need to pay it? How can I find how much money they own city. There is no record showing the amount.
That fee might be called " Code Enforcement Violation Penalty Fees", Daily Penalty of $25 to $100 per day for the first violation.
The county website says that if the new owner had no knowledge of the existence of that violation, the new owner does not need to pay the penalty. Please see below. But the violation is recorded in county. The new owner can’t prove that she/he didn’t know. Does this mean that the new owner has to pay the violation? It might be a huge amount of money.
As the county website says you should be able to avoid penalties. The county is primarily concerned with the violation being resolved (abated). So long as you reach out to the county within the 30 days they state, and work with them to bring the property into compliance, I think it is very unlikely they would pursue penalties. You will, however, have to resolve the issue. Someone at the county should be able to guide you through what is required to do that.
Hi Sean,
Thanks for reply. I am very interested in this property. However, the Code Enforcement Website says that I have to prove that I didn’t know it before the purchase.
The violation is recorded in the county website. Does this mean that I can’t prove that I am innocent? I was supposed to do the research before purchasing the property. Am I right?
I will also contact the county tomorrow. I am an architect. I know how to remove the violation.
Hi Cluo, as mentioned I’ve found the counties to generally be happy that there is an owner who is now willing to resolve the issue. I’ve never had one make me prove that I didn’t know. Worst case they ask you to sign something saying you had no knowledge. No reason to explain to them that you should have (or even did) research it before buying. Another way to think about it… how will THEY prove you knew?
I was super stupid in asking the city using my real name and email address! I have sent them a few emails. If strictly following the rules in their website, the fine is $5-$100/day from the violation day (3/1/2006) and I can’t prove that I am innocent.
Is it by default a person buying a house from foreclosure should check the record? Therefore he/she can’t prove that he/she didn’t know it.
If the house was purchased from normal market and the violation was not in the disclosure package, then the new owner can prove that he/she is innocent.
Should someone buying a house at foreclosure check for these thing… for sure. But they don’t have to, and they may not, so I don’t see the fact that you bought the house at foreclosure disqualifying you from the city’s requirement that you had no knowledge.
More importantly, you’d have to run into a real asshole at the city to not just give you the benefit of the doubt. Keep in mind their goal… get the property into compliance. That city worker isn’t going to get a bonus for charging you a penalty. They aren’t going to win an award. If anything they risk getting a reprimand after you call your elected official to complain. Focus on working WITH them to get the property in compliance and you should be fine.
Yes. You are right. The former owner didn’t have money to correct it and I corrected it. Why am I be penalized?
Are you being penalized? I think that is very unlikely unless you’ve really handled yourself poorly with the county, or you got stuck working with a real jerk at the county. Please forgive me if I’ve misunderstood, but it seems more like you are unnecessarily worried about the possibility of being penalized. Remain calm, carry on, and most likely you’ll be fine.
Have the city repled? What did they say about this issue?
Hi Sean,
Will Child support lien affect a foreclosed house? There is a Child support lien under the current owner’s name. Thanks!
Claire
The Child support lien is later than the foreclosed loan.
Hi Sean,
Will Child support lien affect a foreclosed house? There is a Child support lien under the current owner’s name. Thanks!
Claire
I studied online. It seems that the new owner needs to pay off the child support fee before the house was foreclosed if the child Support Lien is against the property. But how do I know if the lien is against the property? Thanks!
The Child support lien is later than the foreclosed loan.
Hi Sean,
Will Child support lien affect a foreclosed house? There is a Child support lien under the current owner’s name. Thanks!
Claire
I don’t know if AI is correct:
I studied online. It seems that the new owner needs to pay off the child support fee before the house was foreclosed if the child Support Lien is against the property. But how do I know if the lien is against the property? Thanks!
The Child support lien is later than the foreclosed loan.
Hi Sean,
Will Child support lien affect a foreclosed house? There is a Child support lien under the current owner’s name. Thanks!
Claire
I don’t know if AI is correct:
I studied online. It seems that the new owner needs to pay off the child support fee before the house was foreclosed if the child Support Lien is against the property. But how do I know if the lien is against the property? Thanks!
The Child support lien is later than the foreclosed loan.
Hi Sean,
Will Child support lien affect a foreclosed house? There is a Child support lien under the current owner’s name. Thanks!
Claire
In my experience, buying over 150+ properties at trustee sale, the only junior liens that survive foreclosure are IRS, certain mechanics liens, and city/county liens that would end up on the property tax role (property taxes are always senior). In super lien states HOA liens also may survive, but CA is not a super lien state.
I am very surprised that I saw so many strange cases while I am still at the beginning of learning. The answer in the link below is similar to one of your answers online, so I don’t want to bid: Child Support Lien after foreclosure - California
Here is the recorded timeline:
2001: Child supported lien
2004: Mortgage in default
2006: Release of Child supported lien
2008: Child supported lien which says “A judgement was entered on date: 04-10-2001”
I belief that the 2008 lien is still related to 2001 lien although there is a release of lien in 2006. Therefore the child support lien in 2008 is earlier than the Mortgage.
2004 was when the mortgage was made? Or when it went into default? If that release in 2006 was a full release, I still don’t see how they claim there is a senior lien. Once released, it’s released. For title purposes liens are based on date of recording, not the date of judgment. As alwas, just my opinion.
2004 is the mortgage.
I have same opinion with you. But I am scared that the 2008 also show 2001 judgement.