Does a Franchise Tax lien survive a Trustee sale in California?

Does a Franchise Tax lien survive a first position loan that is being foreclosed up on in California?

Hi Ed,
If the lien is dated prior to the foreclosing deed of trust then it would survive. If recorded after the deed of trust then it would be wiped out.

Thanks for this information. I appreciate your input… Ed

I bought a duplex at on 8/2/11. I was advised that all liens, other than tax liens. were extingushed at the time of sale. I later found 4 small city liens, 3 $100 abatement liens and one $286 lien for “uncollected business registration fees” were filed against the property. The city says the liens survived the sale and I owe the money. said that these are not tax liens and I do not owe the money. What is the California code section that covers this situation. I believe it is in the Government Code. Thank you.

Hi Walt, CA Government Code section 38773.5 gives a city the authority to pass an ordinance that allows the cost to abate a nuisance to applied as a special assessment against the property on the tax bill, thus arguably giving it senior status. But that should only apply if there is a local Municipal Code providing for the special assessment and if the assessment was actually levied against the property.

I am buying a home at a trustee sale. This property has 4 state franchise tax liens against that go back to 2002 Am I required to pay these? if so am I required to pay all the interest ? ?Are these liens assumed by me when I purchase the property? or does the current lender pay these off when I purchase this property?