Code Section

Streets and Highways Code - SHC

DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794]

  ( Division 7 added by Stats. 1941, Ch. 79. )
  

PART 3. PERFORMING THE WORK [5100 - 5954]

  ( Part 3 added by Stats. 1941, Ch. 79. )
  

CHAPTER 29. Contractual Assessments [5898.10 - 5899.3]

  ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. )
  

ARTICLE 1. General Provisions [5898.10 - 5898.18]
  ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

  
5898.17.  

(a) The disclosure set forth below, or a substantially equivalent document that displays the same information in a substantially similar format, shall be completed and delivered to a property owner before the property owner consummates a voluntary contractual assessment described in this chapter for purposes specified in paragraph (2) of subdivision (a) of Section 5898.20 or Section 5899 or 5899.3, or a special tax described in Section 53328.1 of the Government Code. The disclosure shall be provided to the property owner as a printed copy unless the property owner agrees to an electronic copy. A sample of the disclosure set forth below shall be maintained on a public Internet Web site available to property owners.

(b) This section only applies to disclosure to a property owner who seeks to participate in a program established pursuant to this chapter for the purposes specified in paragraph (2) of subdivision (a) of Section 5898.20 or Section 5899 or 5899.3 for a residential property with four or fewer units.

Financing Estimate and Disclosure

Notice to Property Owner: You have the right to request that a hard copy of this document be provided to you before and after reviewing and signing. The financing arrangement described below will result in an assessment against your property which will be collected along with your property taxes and will result in a lien on your property. You should read and review the terms carefully, and if necessary, consult with a tax professional or attorney.


Customer Service Toll-Free telephone number and email:

In the event you have a consumer complaint, questions about your financing obligations related to the contractual assessment or your contractual rights under the terms of this contract, you can contact either this toll-free telephone number or email address provided below and receive a response within 24 hours or one business day.

Toll-Free telephone number: ___________

Customer service email address: ___________


Products and Costs


Product costs (including

labor/installation)

$________

Description

1.

2.

3.


Financing Costs

Application fees and costs

Prepaid Interest

Other Costs

Total Amount Financed

$________

$________

$________

$________

Annual Percentage Rate (APR)

Simple Interest Rate

Total Annual Principal, Interest, and

Administrative Fees

 ______%

 ______%

$______

Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly payment.

See “Other Important Considerations” below

Total Amount you will have paid over the life of the financing

$________

Other Costs

Appraisal Fees

Bond related costs

Annual Administrative fees

Estimated closing costs

Credit Reporting Fees

Recording Fees

$________

$________

$________

$________

$________

$________


Total Financing Costs and Closing Costs


$________

Estimated Cash (out of pocket) to close

 

 

$________


Other Terms

Prepayment fee


◻ No


◻ Yes ______


Additional Information About These Financing

Comparisons[Use this information to compare to other financing options]

Over the term of the financing

$________ Principal you will have paid off.

$________ Amount of interest you have paid.

$________ Amount of financing and other costs

you will have paid.

$________ Total you will have paid.

Annual Percentage Rate

______%

Total Interest Paid (as a percentage of all the payments you have made)

______%

Other Important Considerations

I understand that I may be required to pay off the remaining balance of this obligation by the mortgage lender refinancing my home. If I sell my home, the buyer or their mortgage lender may require me to pay off the balance of this obligation as a condition of sale.

_____ _______________

_____ [Borrower initials]

Monthly Mortgage Payments

Your payments will be added to your property tax bill. Whether you pay your property taxes through your mortgage payment, using an impound account, or if you pay them directly to the tax collector, you will need to save an estimated $_______ for your first tax installment. If you pay your taxes through an impound account you should notify your mortgage lender, so that your monthly mortgage payment can be adjusted by your mortgage lender to cover your increased property tax bill.

_____ _______________

_____ [Borrower initials]


Tax Benefits: Consult your tax adviser regarding tax credits, credits and deductions, tax deductibility, and other tax benefits available. Making an appropriate application for the benefit is your responsibility.


_____ _______________

_____ [Borrower initials]

Statutory Penalties: If your property tax payment is late, the amount due will be subject to a 10% penalty, late fees, and 1.5% per month interest penalty as established by state law, and your property may be subject to foreclosure.


_____ _______________

_____ [Borrower initials]

Three Day Right to Cancel


You, the property owner, may cancel the contract at any time on or before midnight on the third business day after the date of the transaction to enter into the agreement without any penalty or obligation. To cancel this transaction, you may mail or deliver a signed and dated copy of the contract with notice of cancellation to:

___________ [name of business] at

___________ [address]

You may also cancel the contract by sending notification of cancellation by email to the following email address: _________________[email address of business].

_____ _______________

_____ [Borrower initials]

Confirmation of Receipt

This confirms the receipt of the information in this form. You do not have to accept this financing just because you acknowledge that you have received or signed this form, and it is NOT a contract.


__________________________

[Property Owner Signature - Date]


__________________________

[Property Owner Signature - Date]

(c) A public agency or other party to a voluntary contractual assessment described in this chapter for the purposes specified in paragraph (2) of subdivision (a) of Section 5898.20 or Section 5899 or 5899.3, or a special tax described in Section 53328.1 of the Government Code shall not make any monetary or percentage representations of increased value to a property owner regarding the effect the financed improvements will have on the market value of the property unless that public agency or other party derives its estimates of the market value using one of the following:

(1) An automated valuation model, which is a computerized property valuation system that is used to derive a real property value.

(2) A broker’s price opinion conducted by a real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.

(3) An appraisal conducted by a state licensed real estate appraiser licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code.

(d) For the purposes of this section, “property owner” shall include all owners of record.

(Added by Stats. 2016, Ch. 618, Sec. 6. (AB 2693) Effective January 1, 2017.)