Notice to lien claimants; loans

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48-940.01. Notice to lien claimants; loans

A. Before the date fixed for the sale or before the date to which the sale has been postponed, the superintendent shall obtain a record search that shows the names and addresses of record of all lien claimants on, and other persons with an interest in, all lots or parcels on which an installment of the assessment is delinquent. The cost of a record search may be added to the assessment and is deemed to be a portion of the delinquent installment.

B. At least ten days before the sale date or the date to which the sale has been postponed, the superintendent shall mail a notice of the date and place of the sale or postponed sale to the owner and to each of the lien claimants and other persons with an interest as shown by the search of records. The notice shall state the date of the sale, the amount of the delinquent installments including penalties, costs of advertisement and costs of the record search, shall state that the whole amount of the assessment and costs and penalties are due at the time of the sale and shall state that, unless redeemed within the time allowed by law, a superintendent's deed will be delivered to the purchaser and the superintendent's deed shall convey title to the lands described therein free and clear of all interests and liens, except for the lien for general property taxes and prior special assessments.

C. A final sale may not be held unless the superintendent has provided notice by mail as prescribed by this section to all lien claimants and other persons with an interest discovered in the search of records. The mailing may occur either before the date originally set for the sale or before the date of any postponed sale, and only one mailing and one record search are required.

D. The county may loan to the district and the district may borrow from the county any monies necessary to pay current bond interest or principal that would be unpaid as a result of a postponed sale. The district shall repay the loan to the county when the delinquent installments are paid or when the lots on which the assessments are delinquent are sold.


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