Reasons to Record a Request for Notice

Some of our clients have asked for a simpler explanation of AB 2273, which was enacted last Fall, and the benefits of recording a Request for Notice.  I thought including this explanation in our blog might be helpful to our readers.  If a Request for Notice is recorded, the bank that forecloses on a unit has a duty to provide the association with a copy of the foreclosure sale deed within 15 days from the sale.  This gives notice to the Association that title has transferred and that there is a new owner on title (either the bank or the buyer at the foreclosure sale) who should be billed for assessments.  If a Request for Notice is not recorded, then the bank that foreclosed on the unit only has a duty to record the foreclosure sale deed within 30 days from the sale rather than 15 days, and does not have a duty to notify the association that a sale occurred.  The reason for the law change was to address the problem where banks delayed in recording foreclosure sale deeds and associations had no idea that title had changed.  This created a cash flow problem for associations because typically owners going through foreclosure fail to pay their assessments.  When an association records the Request for Notice, the bank has to advise the association that the owner has changed and then the association can bill the new owner and get some money coming in on that unit.  If requested, we can assist our clients with preparation and recording of a Request for Notice.

 Kathy Mills, Esq.