San Diego County Ordinance Requires Recordation of Contact Information For Lenders

By Jennifer Johnsen, Esq., Wright Finlay & Zak

On June 16, 2009, San Diego County adopted ordinance no. 9988 which requires the recordation of contact information for a lender that acquires title to property following a foreclosure sale. The ordinance was effective as of July 16, 2009 and applies to properties located within San Diego County.

The ordinance was passed to ensure that the county can contact the lender, or an agent of the lender, to remedy a public nuisance or dangerous condition concerning the property in a timely manner. (Sec. 17.101)

FORECLOSING LENDER CONTACT INFORMATION (Sec. 17.102)
Following a foreclosure sale of residential property where the purchaser of the property is the foreclosing lender, a separate page entitled “Foreclosing Lender Contact Information” shall be attached to the Trustee’s Deed and recorded along with the Trustee’s Deed, and shall include the following for BOTH the foreclosing lender and
the authorized representative of the foreclosing lender who will manage, care for, and maintain the property:

Name
Address
Telephone number
Email address

If this page is not attached to the Trustee’s Deed at the time it is recorded, the lender or its agent shall cause a “Notice of Foreclosing Lender Contact Information” to be recorded, including the same information described above, as well as:

Property address
County Assessor’s parcel number for the property
County recorder’s document identification number for the recorded Trustee’s Deed.

CHANGES TO INFORMATION
If the contact information for the foreclosing lender or its authorized agent changes, the lender shall cause a “Notice of Foreclosing Lender Contact Information” to be recorded, including all information described above.

VIOLATIONS
If the contact information or notice thereof is not recorded AND a county enforcement official (including law and fire) determines that a public nuisance or dangerous or hazardous condition exists on the property, the foreclosing lender shall be liable for a civil penalty in the amount of up to $1,000.00 for each violation.

Read the San Diego County Ordinance

Read Ordinances of Relevance to Trustees

Jennifer can be reached at jjohnson@wrightlegal.net.